Commission of the European Communities v Council of the European Union (C-269/97)

Judgment of 4 Apr 2000

law://eu/cjeu/1997/c-269-97/para_15@2026-11-12

15The Commission acknowledges that the Court has on many occasions held that Article 43 of the Treaty constitutes the appropriate legal basis for all rules concerning the production and marketing of the agricultural products listed in Annex II to the Treaty, which contributes to the implementation of one or more objectives of the common agricultural policy listed in Article 39 of the EC Treaty (now Article 33 EC), and that such rules may entail harmonisation of national provisions in that sphere without any need to have recourse to Article 100 of the Treaty (see Case 68/86 United Kingdom v Council [1988] ECR 855, paragraph 14; Case 131/86 United Kingdom v Council [1988] ECR 905, paragraph 19; Case C-131/87 Commission v Council [1989] ECR 3743, paragraph 10, and Case C-331/88 Fedesa and Others [1990] ECR 1-4023, paragraph 23). Nevertheless, it considers that a distinction must be made because, since those judgments, the Treaty has evolved and, in particular, Article 129 has been introduced into the EC Treaty by the Treaty on European Union.

Commission of the European Communities v Council of the European Union (C-269/97)

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