47Even if, as the Commission claims, that document was published on the website of Commission DG ‘Mobility and Transport’, it was not published in the Official Journal of the European Union. Furthermore, as the Advocate General observed, in points 82 to 84 of his Opinion, Article 2(2) of the Rules of Procedure for the Committee on Road Transport states that the agenda drawn up for each meeting is to make a distinction between, on the one hand, proposed measures about which that committee is asked to give an opinion, in accordance with the regulatory procedure with scrutiny, and, on the other hand, other issues put to that committee for information or a simple exchange of views. It is clear from the file before the Court that the interpretation of the definition of ‘cabotage operations’, as set out in that document, does in fact appear on the agenda of the Committee on Road Transport of 25 October 2010, but that it was not put to the vote. Therefore, that interpretation cannot be regarded as resulting from an agreement between the representatives of the Member States. In any event, the Commission itself acknowledged in its written observations and at the hearing that that document is not legally binding.
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