24As for the argument based on previous practice, suffice it to say that a mere practice on the part of the Council cannot derogate from the rules laid down in the Treaty and therefore cannot create a precedent binding on the Community institutions with regard to the correct legal basis (see, in particular, Case 68/86 United Kingdom ν Council [1988] ECR 855, paragraph 24). Moreover, the CADDIA, INSIS and TEDIS programmes, referred to by the Council, were established before Title XII on trans-European networks was introduced by the Treaty on European Union, hence before Article 129d entered into force.
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