Judgment_paragraph 43 · Carmine Salvatore Tralli v European Central Bank (C-301/02 P)

43With regard to the conditions to be complied with in the context of such delegations of powers, it should be recalled that, as the Court held in Meroni (see [1958] ECR 149 to 152, 153 and 154), first, a delegating authority cannot confer upon the authority to which the powers are delegated powers different from those which it has itself received. Secondly, the exercise of the powers entrusted to the body to which the powers are delegated must be subject to the same conditions as those to which it would be subject if the delegating authority exercised them directly, particularly as regards the requirements to state reasons and to publish. Finally, even when entitled to delegate its powers, the delegating authority must take an express decision transferring them and the delegation can relate only to clearly defined executive powers.