Judgment_paragraph 34 · Commission of the European Communities v Council of the European Union (C-94/03)

34It must be borne in mind at the outset that, according to settled case-law, the choice of the legal basis for a Community measure, including one adopted with a view to conclusion of an international agreement, must be based on objective factors which are amenable to judicial review and include in particular the aim and content of the measure (see Case 45/86 Commission v Council, cited above, paragraph 11; Case C-300/89 Commission v Council (the ‘Titanium dioxide case’) [1991] ECR I-2867, paragraph 10; Case C-268/94 Portugal v Council [1996] ECR I-6177, paragraph 22; Opinion 2/00, cited above, paragraph 22; and Case C-176/03 Commission v Council [2005] ECR I-7879, paragraph 45).