Judgment_paragraph 23 · Commission of the European Communities v Council of the European Union (C-338/01)

23The Parliament takes the view that the position adopted by the Commission is in line with the established case-law to the effect that the choice of the correct legal basis for a measure must rest on objective factors such as the purpose and content of that measure. As different legal bases may be incompatible by reason of the decision-making procedures which they involve, it is necessary, in order to define the correct legal basis, to refer to the ‘centre of gravity’ of the measure to be adopted (see Case C-42/97 Parliament v Council [1999] ECR I-869, paragraph 43).