40In any event, the legislative process pursued by the Council in this case must be held to be illegal, as must the basing of the contested Common Position on the provisions relating to the CFSP. In the light of, inter alia, the primacy of Community law as enshrined in Article 47 EU, the Court is competent to declare illegal an act adopted on the basis of CFSP or JHA. The applicant refers to Case C-170/96 Commission v Council [1998] ECR I-2763.
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