Judgment_paragraph 42 · United Kingdom of Great Britain and Northern Ireland v European Parliament and Council of the European Union (C-270/12)

42The Court also stated in that judgment that a delegation of the first kind cannot appreciably alter the consequences involved in the exercise of the powers concerned, whereas a delegation of the second kind, since it replaces the choices of the delegator by the choices of the delegate, brings about an ‘actual transfer of responsibility’. As regards the case which gave rise to Meroni v High Authority, the Court held that the powers delegated by the High Authority to the bodies in question by Decision No 14-55 of 26 March 1955, establishing a financial arrangement for ensuring a regular supply of ferrous scrap for the common market, gave those bodies ‘a degree of latitude which implied a wide margin of discretion’, which could not be considered compatible with the ‘requirements of the Treaty’.