Judgment_paragraph 51 · European Commission v Council of the European Union (C-687/15)

51Thus, in the present case, such an indication is liable to have an effect on the powers of the Commission and of the Council and on their respective roles in the procedure for the adoption of the contested act. In the same way, an indication of the legal basis is necessary in order to determine the voting procedure within the Council (see, by analogy, judgment of 1 October 2009, Commission v Council, C‑370/07, EU:C:2009:590, paragraph 48). In particular, since the contested act does not correspond to any of the situations mentioned in the second subparagraph of Article 218(8) TFEU, the Council must, in principle, in accordance with the provisions, read together, of the first subparagraph of Article 218(8) and Article 218(9) TFEU, act by qualified majority when adopting that act (see, to that effect, judgment of 18 December 2014, United Kingdom v Council, C‑81/13, EU:C:2014:2449, paragraph 66).