28The Council begins by submitting that, contrary to what the Commission asserts, the possible correct legal bases for the adoption of Directive 2001/44 are not limited to either Articles 93 EC and 94 EC or Article 95 EC. There is, for instance, nothing to preclude the choice of Articles 93 EC and 95 EC as a legal basis in view of the fact that the Court has already admitted the possibility of a dual legal basis requiring a decision by the Council by qualified majority and unanimity (Case 165/87 Commission v Council [1988] ECR 5545).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.