52With regard to the Commissions argument regarding the Treaty of 8 April 1965 establishing a Single Council and a Single Commission of the European Communities (‘Merger Treaty’), which has in the meantime been repealed by Article 9 of the Treaty of Amsterdam, the applicants in Cases T-46/03, T-58/03, T-79/03, T-80/03, T-97/03 and T-98/03 submit that, despite the merger of the institutions, the different Communities have remained separate and distinct. The Commission continued to exercise distinct competences and to act pursuant to distinct powers when it acted in the framework of one or other Community (Case C-327/91 France v Commission [1994] ECR I-3641). It is contradictory to argue that the competition sector passed automatically from the ECSC Treaty regime to the EC Treaty regime because of the supposed indivisibility of the Community legal order when, in relation to other matters, a specific decision of the Member States was required.
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