Judgment_paragraph 36 · Federal Republic of Germany v Council of the European Union (C-280/93)

36The fact that that amended proposal was not in writing is of no consequence. Article 149(3) of the Treaty states that as long as the Council has not acted, the Commission may alter its proposal at any time during the procedures mentioned in paragraphs 1 and 2, and it does not require those amended proposals necessarily to be in writing. Such amended proposals are part of the Community legislative process, which is characterized by a certain flexibility, necessary for achieving a convergence of views between the institutions. They are fundamentally different from the acts which are adopted by the Commission and are of direct concern to individuals. In those circumstances strict compliance with the formalities prescribed for the adoption of acts of direct concern to individuals cannot be required for the adoption of such proposals (see the judgment of 15 June 1994 in Case C-137/92 P BASF [1994] ECR I-2555).

Federal Republic of Germany v Council of the European Union (C-280/93)

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