Judgment_paragraph 28 · French Republic v Commission of the European Communities (C-327/91)

28Furthermore, as the Advocate General has pointed out in paragraph 37 of his Opinion, Article 228 constitutes, as regards the conclusion of treaties, an autonomous general provision, in that it confers specific powers on the Community institutions. With a view to establishing a balance between those institutions, it provides that agreements between the Community and one or more States are to be negotiated by the Commission and then concluded by the Council, after consulting the European Parliament where required by the Treaty. However, the power to conclude agreements is conferred on the Council ‘subject to the powers vested in the Commission in this field’.

French Republic v Commission of the European Communities (C-327/91)

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