Judgment_paragraph 46 · European Parliament v Council of the European Union (C-355/10)

46The Commission contends that, as regards the concept of ‘essential elements’, the case-law of the Court should be relied on which states that those elements are the rules which are essential to the subject-matter envisaged (Case 25/70 Köster, Berodt & Co. [1970] ECR 1161, paragraph 6, and Case C-240/90 Germany v Commission [1992] ECR I-5383, paragraph 36). The use in Article 2(2) of the second ‘comitology’ decision of the terms ‘supplementing by the addition of new non-essential elements’ allows the Commission to be granted the power to put flesh on the bones of the essential elements which the co-legislators have chosen not to detail in extenso. It is authorised to supplement those elements and to regulate new activities within the scope of the essential subject-matter and of the essential rules.