Judgment_paragraph 28 · European Commission v Council of the European Union (C-377/12)

28As regards transport, in the light of Opinion 1/08 EU:C:2009:739 of the Court concerning transport policy and the common commercial policy, recourse should be had to the legal bases provided for by the FEU Treaty that expressly concern transport, here Articles 91 TFEU and 100 TFEU. The Commission’s argument that the obligations laid down in the Framework Agreement are merely related to pursuit of the economic, social and environmental development of the Philippines is incorrect. The argument that the provisions on transport are in line with the objectives of the European Union’s development cooperation policy is not sufficient to demonstrate that those provisions are part of that policy.