Judgment_paragraph 27 · European Commission v Council of the European Union (C-244/17)

27As Article 218(9) TFEU does not, on the other hand, lay down any voting rule for the purpose of adoption by the Council of the categories of decisions which it covers, the applicable voting rule must be determined in each individual case by reference to Article 218(8) TFEU. Thus, the Court has already had occasion to hold that, where a decision by which the Council establishes the position to be adopted on behalf of the European Union in a body set up by an agreement does not correspond to any of the cases in which the second subparagraph of Article 218(8) TFEU requires a unanimous vote, the Council must, in principle, in accordance with the first subparagraph of Article 218(8) TFEU read in conjunction with Article 218(9) TFEU, act by qualified majority when adopting that decision (judgment of 25 October 2017, Commission v Council (WRC‑15), C‑687/15, EU:C:2017:803, paragraph 51).