Judgment_paragraph 15 · Federal Republic of Germany v Commission of the European Communities (C-334/99)

15In support of its argument, the Commission cites settled case-law according to which it is entitled, in cases of emergency and to fill a legal vacuum, to replace the Community legislature and adopt legislative measures in order to preserve the continuity of the Community's action (Joined Cases 185/78 to 204/78 Van Dam en Zonen and Others [1979] ECR 2345; Joined Cases 47/83 and 48/83 Midden-Nederland and Van Miert [1984] ECR 1721, and Case 63/83 Kirk [1984] ECR 2689). The Commission is a fortiori authorised to dispose of its own current business when it is one Member short of strength.

Federal Republic of Germany v Commission of the European Communities (C-334/99)

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