124However, it is also clear from the case-law that failure to specify the precise legal basis for a legislative act need not necessarily constitute a material defect where it is possible to determine the legal basis for that act on the basis of other elements thereof. None the less, explicit reference is indispensable where, in its absence, the parties concerned and the competent Community Court would remain uncertain as to the precise legal basis (Case 45/86Commission v Council [1987] ECR 1493, paragraph 9, and Case T-70/99Alpharma v Council [2002] ECR II-3495, paragraph 112).