20In the order under appeal, the Court of First Instance held that it had jurisdiction to take cognisance of the action brought by the appellants only in so far as it was based on failure to have regard to the powers of the Community, referring in particular to Case C-170/96 Commission v Council [1998] ECR I-2763, paragraph 17. In paragraphs 45 and 46 of the order under appeal, the Court held that Article 34 EU was the relevant legal basis for the adoption of Article 4 of Common Position 2001/931 and that the appellants had failed to cite a legal basis in the EC Treaty that had been disregarded.
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