Judgment_paragraph 48 · European Parliament and European Commission v Council of the European Union (C-124/13, C-125/13)

48The Court, albeit in a different factual and legal context from that of the present case, held inter alia, at paragraph 50 of that judgment, that the adoption of provisions under Article 43(2) TFEU necessarily presupposes an assessment of whether those provisions are ‘necessary’ for the pursuit of the objectives of the common policies governed by the FEU Treaty, with the result that it entails a policy decision that must be reserved to the EU legislature. By contrast, the adoption of measures on the fixing and allocation of fishing opportunities, in accordance with Article 43(3) TFEU, does not require such an assessment since such measures are of a primarily technical nature and are intended to be taken in order to implement provisions adopted on the basis of Article 43(2) TFEU.