Judgment_paragraph 101 · RL v Landeshauptstadt Wiesbaden (C-61/22)

101However, apart from the fact that the Commission itself did not select that option in its legislative proposal, it should be noted that, while paragraph 14 of the Interinstitutional Agreement provides that, upon considering Commission legislative proposals, the Parliament and the Council must take full account of the Commission’s impact assessments, that agreement states, in paragraph 12, that such assessments ‘are a tool to help the three Institutions reach well-informed decisions and not a substitute for political decisions within the democratic decision-making process’. Therefore, while the Parliament and the Council are required to take account of the Commission’s impact assessments, the content of such assessments is not binding on them, in particular as regards the evaluations contained therein (see, to that effect, judgment of 21 June 2018, Poland v Parliament and Council, C‑5/16, EU:C:2018:483, paragraph 159 and the case-law cited).

RL v Landeshauptstadt Wiesbaden (C-61/22)

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