It emerges from the judgment of the Court of Justice of 11 June 1991, in Case C-300/89, Commission/Council, with regard to an action for annulment of the Directive on waste from the titanium dioxide industry, that, in the present case, even if the Council’s power is based on two provisions of the Treaty, recourse to the dual legal basis is excluded since one of the enabling provisions at issue requires recourse to the cooperation procedure whereas the other requires the Council to act unanimously after merely consulting the European Parliament.