Judgment_paragraph 48 · European Commission v Peter McBride and Others (C-361/14 P)

48Whilst it is true that failure to refer to a specific provision of the Treaty need not necessarily constitute an infringement of essential procedural requirements if the legal basis for an act may be determined from other parts of the act, such explicit reference is, however, indispensable where, in its absence, the parties concerned and the Court are left uncertain as to the specific legal basis (judgments of 26 March 1987 in Commission v Council, 45/86, EU:C:1987:163, paragraph 9, and 1 October 2009 in Commission v Council, C‑370/07, EU:C:2009:590, paragraph 56).