Judgment of the Court of Justice, Commission v Council, Case C-155/91 (17 March 1993)

It emerges from the judgment of the Court of Justice of 17 March 1993, in Case C-155/91, Commission v Council, that the fact that some provisions of a directive affect the functioning of the internal market is not sufficient for Article 100a of the EC Treaty (now Article 95) to be selected as a legal basis. Recourse to that provision is not justified where the measure to be adopted has only the incidental effect of harmonising market conditions within the Community.

Source and copyright

Source: CVRIA. Case-law: Numerical access to the case-law. [ON-LINE]. [Luxembourg]: Court of Justice of the European Communities, [16.05.2006]. C-155/91. Disponible sur http://curia.eu.int/en/content/juris/index.htm.

Copyright: (c) Court of Justice of the European Union

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