SA Roquette Frres v Council of the European

Communities.
Judgment of the Court of 29 October 1980.
Isoglucose - Production quotas.
Case 138/79.

PARTIES

SA ROQUETTE FRERES , WHOSE REGISTERED OFFICE IS AT LESTREM ( PAS-DECALAIS DEPARTMENT ), REPRESENTED BY ITS DEPUTY MANAGING DIRECTOR ,
GERARD ROUSSEAUX , ASSISTED BY MARCEL VEROONE , A PARTNER IN THE FIRM
VEROONE , FREYRIA , LETARTRE , PAILLUSSEAU , HOSTE , DUTAT , OF THE LILLE
BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MR
LOESCH , ADVOCATE , 2 , RUE GOETHE ,
APPLICANT ,
SUPPORTED BY
EUROPEAN PARLIAMENT , REPRESENTED BY ITS DIRECTOR-GENERAL , FRANCESCO
PASETTI BOMBARDELLA , ASSISTED BY ROLAND BIEBER , PRINCIPAL ADMINISTRATOR
IN ITS LEGAL DEPARTMENT AND PROFESSOR PIERRE HENRI TEITGEN , WITH AN
ADDRESS FOR SERVICE IN LUXEMBOURG AT THE GENERAL SECRETARIAT OF THE
EUROPEAN PARLIAMENT ,
INTERVENER ,
V
COUNCIL OF THE EUROPEAN COMMUNITIES , REPRESENTED BY DANIEL VIGNES ,
DIRECTOR IN THE LEGAL DEPARTMENT , ASSISTED BY ARTHUR BRAUTIGAM AND
HANS-JOACHIM GLAESNER , ACTING AS JOINT AGENTS , HANS-JURGEN RABE , OF
THE HAMBURG BAR , PROFESSOR JEAN BOULOUIS , HONORARY DEAN OF THE
UNIVERSITE DE DROIT , D ' ECONOMIE ET DE SCIENCES SOCIALES , PARIS , WITH AN
ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF DOUGLAS FONTEIN ,
DIRECTOR IN THE LEGAL DEPARTMENT OF THE EUROPEAN INVESTMENT BANK , 100
BD KONRAD ADENAUER , KIRCHBERG ,
DEFENDANT ,
SUPPORTED BY
COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL
ADVISER , PETER GILSDORF , ACTING AS AGENT , ASSISTED BY JACQUES DELMOLY ,
A MEMBER OF THE LEGAL DEPARTMENT , WITH AN ADDRESS FOR SERVICE IN
LUXEMBOURG AT THE OFFICE OF ITS LEGAL ADVISER MARIO CERVINO , JEAN
MONNET BUILDING , KIRCHBERG ,
INTERVENER ,

Subject of the case

APPLICATION FOR A DECLARATION THAT COUNCIL REGULATION NO 1293/79 OF 25
JUNE 1979 ( OFFICIAL JOURNAL L 162 , P . 10 ) IS VOID IN SO FAR AS THAT
REGULATION IN AMENDING COUNCIL REGULATION NO 1111/77 LAYING DOWN
COMMON PROVISIONS FOR ISOGLUCOSE FIXES A BASIC QUOTA FOR THE APPLICANT.

THE JUDGEMENT OF THE COURT

SINCE ARTICLE 9 ( 4 ) OF REGULATION NO 1111/77 ( AS AMENDED BY ARTICLE 3 OF
REGULATION NO 1293/79 ), ITSELF APPLIES THE CRITERIA LAID DOWN IN ARTICLE 9
( 1 ) TO ( 3 ) TO EACH OF THE UNDERTAKINGS SET OUT IN ANNEX II TO THE SAID
REGULATION , THE LATTER ARE THE ADDRESSEES AND ARE THUS DIRECTLY AND
INDIVIDUALLY CONCERNED .
THE FIRST PARAGRAPH OF ARTICLE 37 OF THE STATUTE OF THE COURT OF JUSTICE
PROVIDES THAT ALL THE INSTITUTIONS OF THE COMMUNITY HAVE THE SAME RIGHT
TO INTERVENE . IT IS NOT POSSIBLE TO RESTRICT THE EXERCISE OF THAT RIGHT BY
ANY ONE OF THEM WITHOUT ADVERSELY AFFECTING ITS INSTITUTIONAL POSITION
AS INTENDED BY THE TREATY AND IN PARTICULAR ARTICLE 4 ( 1 ).
THE RIGHT TO INTERVENE WHICH THE INSTITUTIONS HAVE IS NOT SUBJECT TO THE
CONDITION THAT THEY HAVE AN INTEREST IN TAKING PROCEEDINGS .
WHEN THE IMPLEMENTATION BY THE COUNCIL OF THE AGRICULTURAL POLICY OF
THE COMMUNITY INVOLVES THE NEED TO EVALUATE A COMPLEX ECONOMIC
SITUATION THE DISCRETION WHICH IT HAS DOES NOT APPLY EXCLUSIVELY TO THE
NATURE AND SCOPE OF THE MEASURES TO BE TAKEN BUT ALSO TO SOME EXTENT
TO THE FINDING OF THE BASIC FACTS INASMUCH AS , IN PARTICULAR , IT IS OPEN
TO THE COUNCIL TO RELY IF NECESSARY ON GENERAL FINDINGS . IN REVIEWING
THE EXERCISE OF SUCH A POWER THE COURT MUST CONFINE ITSELF TO EXAMINING
WHETHER IT CONTAINS A MANIFEST ERROR OR CONSTITUTES A MISUSE OF POWER
OR WHETHER THE AUTHORITY IN QUESTION DID NOT CLEARLY EXCEED THE
BOUNDS OF ITS DISCRETION .
THE CONSULTATION PROVIDED FOR IN THE THIRD SUBPARAGRAPH OF ARTICLE 43
( 2 ) AS IN OTHER SIMILAR PROVISIONS OF THE EEC TREATY , IS THE MEANS WHICH
ALLOWS THE PARLIAMENT TO PLAY AN ACTUAL PART IN THE LEGISLATIVE PROCESS
OF THE COMMUNITY . SUCH POWER REPRESENTS AN ESSENTIAL FACTOR IN THE
INSTITUTIONAL BALANCE INTENDED BY THE TREATY . ALTHOUGH LIMITED , IT
REFLECTS AT COMMUNITY LEVEL THE FUNDAMENTAL DEMOCRATIC PRINCIPLE THAT
THE PEOPLES SHOULD TAKE PART IN THE EXERCISE OF POWER THROUGH THE
INTERMEDIARY OF A REPRESENTATIVE ASSEMBLY .
DUE CONSULTATION OF THE PARLIAMENT IN THE CASES PROVIDED FOR BY THE
TREATY THEREFORE CONSTITUTES AN ESSENTIAL FORMALITY DISREGARD OF
WHICH MEANS THAT THE MEASURE CONCERNED IS VOID . OBSERVANCE OF THAT
REQUIREMENT IMPLIES THAT THE PARLIAMENT HAS EXPRESSED ITS OPINION . IT IS
IMPOSSIBLE TO TAKE THE VIEW THAT THE REQUIREMENT IS SATISFIED BY THE
COUNCIL ' S SIMPLY ASKING FOR THE OPINION , IF NO OPINION IS AFTERWARDS
GIVEN BY THE PARLIAMENT .

Judgment of the Court of 9 July 1987.

Federal Republic of Germany and
others v Commission of the European
Communities.
Migration policy - Competence of the
Community.
Joined cases 281, 283, 284, 285 and
287/85.

IN JOINED CASES 281, 283, 284, 285 AND 287/85

FEDERAL REPUBLIC OF GERMANY, REPRESENTED BY MARTIN SEIDEL, MINISTERIALRAT, AND
ALFRED DITTRICH, OBERREGIERUNGSRAT AT THE FEDERAL MINISTRY OF ECONOMIC AFFAIRS,
ACTING AS AGENTS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE GERMAN
EMBASSY,
APPLICANT,
SUPPORTED BY
KINGDOM OF THE NETHERLANDS, REPRESENTED BY A . BOS, LEGAL ADVISER AND GUSTAAV M .
BORCHARDT, ASSISTANT LEGAL ADVISER AT THE MINISTRY OF FOREIGN AFFAIRS, ACTING AS
AGENTS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE NETHERLANDS EMBASSY,
INTERVENER,
FRENCH REPUBLIC, REPRESENTED BY GILBERT GUILLAUME, DIRECTOR OF LEGAL AFFAIRS AT THE
MINISTRY OF FOREIGN AFFAIRS, ACTING AS AGENT, AND BERNARD BOTTE, ATTACHE D'
ADMINISTRATION CENTRALE AT THE MINISTRY OF FOREIGN AFFAIRS, ACTING AS DEPUTY AGENT,
WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE FRENCH EMBASSY,
APPLICANT,
SUPPORTED BY
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
INTERVENER,
KINGDOM OF THE NETHERLANDS, REPRESENTED BY B.*J . KEUR, ASSISTANT LEGAL ADVISER AT
THE MINISTRY OF FOREIGN AFFAIRS, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN
LUXEMBOURG AT THE NETHERLANDS EMBASSY,
APPLICANT,
KINGDOM OF DENMARK, REPRESENTED BY LAURIDS MIKAELSEN, LEGAL ADVISER AT THE
MINISTRY OF FOREIGN AFFAIRS, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN
LUXEMBOURG AT THE DANISH EMBASSY,
APPLICANT,
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, REPRESENTED BY BRIAN E .
MCHENRY, OF THE TREASURY SOLICITOR' S DEPARTMENT, ACTING AS AGENT, WITH AN ADDRESS
FOR SERVICE IN LUXEMBOURG AT THE BRITISH EMBASSY,
APPLICANT,
V
COMMISSION OF THE EUROPEAN COMMUNITIES
DEFENDANT,
SUPPORTED BY
EUROPEAN PARLIAMENT, REPRESENTED BY FRANCESCO PASETTI-BOMBARDELLA, JURISCONSULT
OF THE PARLIAMENT, ASSISTED AS FOLLOWS :

INTERVENER,
APPLICATION FOR THE ANNULMENT OF COMMISSION DECISION 85/381/EEC OF 8 JULY 1985
SETTING UP A PRIOR COMMUNICATION AND CONSULTATION PROCEDURE ON MIGRATION POLICIES
IN RELATION TO NON-MEMBER COUNTRIES,

THE COURT
COMPOSED OF : LORD MACKENZIE STUART, PRESIDENT, Y . GALMOT, C . KAKOURIS, T.*F . O'
HIGGINS AND F . SCHOCKWEILER ( PRESIDENTS OF CHAMBERS ), G . BOSCO, T.*KOOPMANS, O .
DUE, U . EVERLING, K . BAHLMANN, R . JOLIET, J.*C . MOITINHO DE ALMEIDA AND G.*C .
RODRIGUEZ IGLESIAS, JUDGES,
ADVOCATE GENERAL : G.*F . MANCINI
REGISTRAR : H.A . RUEHL, PRINCIPAL ADMINISTRATOR

WHERE THE PERIOD OF TIME ALLOWED FOR COMMENCING PROCEEDINGS IS EXPRESSED IN

CALENDAR MONTHS, THAT PERIOD EXPIRES AT THE END OF THE DAY IN THE LAST MONTH THEREOF
WHICH BEARS THE SAME NUMBER AS THE DAY OF THE OCCURRENCE OF THE EVENT WHICH CAUSED
TIME TO START RUNNING, THAT IS TO SAY, IN THE CASE OF A DECISION WHICH HAS BEEN NOTIFIED,
THE DAY OF NOTIFICATION .
ARTICLE 118 GIVES THE COMMISSION THE TASK OF PROMOTING CLOSE COOPERATION BETWEEN
MEMBER STATES IN THE SOCIAL FIELD, PARTICULARLY IN MATTERS RELATING TO EMPLOYMENT AND
WORKING CONDITIONS . MIGRATION POLICY IN RELATION TO NON-MEMBER COUNTRIES IS PART OF
THE SOCIAL FIELD WITHIN THE MEANING OF ARTICLE 118 . THE EMPLOYMENT SITUATION AND, MORE
GENERALLY, THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS WITHIN THE COMMUNITY ARE
LIABLE TO BE AFFECTED BY THE POLICY PURSUED BY THE MEMBER STATES WITH REGARD TO
WORKERS FROM NON-MEMBER COUNTRIES . IT IS THEREFORE IMPORTANT TO ENSURE THAT THE
MIGRATION POLICIES OF MEMBER STATES IN RELATION TO NON-MEMBER COUNTRIES TAKE INTO
ACCOUNT BOTH COMMON POLICIES AND THE ACTIONS TAKEN AT COMMUNITY LEVEL, IN PARTICULAR
WITHIN THE FRAMEWORK OF COMMUNITY LABOUR MARKET POLICY, IN ORDER NOT TO JEOPARDIZE
THE RESULTS . IN PARTICULAR, AS REGARDS MIGRATION POLICY ARTICLE 118 COVERS THE
INTEGRATION INTO THE WORKFORCE OF WORKERS FROM NON-MEMBER COUNTRIES AND INASMUCH
AS DRAFT MEASURES CONNECTED WITH PROBLEMS RELATING TO EMPLOYMENT AND WORKING
CONDITIONS ARE INVOLVED, THE INTEGRATION OF SUCH WORKERS INTO SOCIETY . IN CONTRAST,
THE PROMOTION OF CULTURAL INTEGRATION AS A WHOLE GOES BEYOND THE SOCIAL FIELD IN
WHICH, UNDER ARTICLE 118, THE COMMISSION HAS THE TASK OF PROMOTING COOPERATION
BETWEEN MEMBER STATES .
WHERE AN ARTICLE OF THE EEC TREATY - IN THIS CASE ARTICLE 118 - CONFERS A SPECIFIC TASK ON
THE COMMISSION IT MUST BE ACCEPTED, IF THAT PROVISION IS NOT TO BE RENDERED WHOLLY
INEFFECTIVE, THAT IT CONFERS ON THE COMMISSION NECESSARILY AND PER SE THE POWERS WHICH
ARE INDISPENSABLE IN ORDER TO CARRY OUT THAT TASK . ACCORDINGLY, THE SECOND PARAGRAPH
OF ARTICLE 118 MUST BE INTERPRETED AS CONFERRING ON THE COMMISSION ALL THE POWERS
WHICH ARE NECESSARY IN ORDER TO ARRANGE THE CONSULTATIONS . IN ORDER TO PERFORM THAT
TASK OF ARRANGING CONSULTATIONS THE COMMISSION MUST NECESSARILY BE ABLE TO REQUIRE
THE MEMBER STATES TO NOTIFY ESSENTIAL INFORMATION, IN THE FIRST PLACE IN ORDER TO
IDENTIFY THE PROBLEMS AND IN THE SECOND PLACE IN ORDER TO PINPOINT THE POSSIBLE
GUIDELINES FOR ANY FUTURE JOINT ACTION ON THE PART OF THE MEMBER STATES; LIKEWISE IT
MUST BE ABLE TO REQUIRE THEM TO TAKE PART IN CONSULTATIONS . THE COMMISSION IS
THEREFORE EMPOWERED UNDER ARTICLE 118 TO ADOPT A BINDING DECISION VIS-A-VIS THE
MEMBER STATES ESTABLISHING A COMMUNICATION AND CONSULTATION PROCEDURE . HOWEVER,
SINCE THE COMMISSION HAS A POWER OF A PURELY PROCEDURAL NATURE TO INITIATE A
CONSULTATION PROCEDURE IT CANNOT DETERMINE THE RESULT TO BE ACHIEVED IN THAT
CONSULTATION AND CANNOT PREVENT THE MEMBER STATES FROM IMPLEMENTING DRAFTS,
AGREEMENTS AND MEASURES WHICH IT MIGHT CONSIDER NOT TO BE IN CONFORMITY WITH
COMMUNITY POLICIES AND ACTIONS .

THE COMMISSION IS NOT UNDER A DUTY TO CONSULT THE ECONOMIC AND SOCIAL COMMITTEE
WHEN, IN CONNECTION WITH ITS TASK OF PROMOTING COOPERATION WITH THE MEMBER STATES IN
THE SOCIAL FIELD, IT DECIDES TO COMPILE INFORMATION OR ORGANIZE A MEETING, FOR THE
DECISIONS INVOLVED THEN ARE PURELY PREPARATORY AND PROCEDURAL AND, BY DEFINITION, DO
NOT TOUCH ON SUBSTANTIVE QUESTIONS WHICH ARE LIABLE TO INVOLVE THE ECONOMIC AND
SOCIAL COMMITTEE IN MAKING AN ASSESSMENT OF A SOCIO-ECONOMIC NATURE .

ON THOSE GROUNDS,
THE COURT
HEREBY :
( 1 ) DECLARES THAT THE APPLICATION BROUGHT IN CASE 284/85 BY THE KINGDOM OF THE
NETHERLANDS IS INADMISSIBLE AS BEING OUT OF TIME;
( 2 ) ORDERS THE KINGDOM OF THE NETHERLANDS TO PAY THE COSTS;
( 3 ) DECLARES VOID COMMISSION DECISION 85/381/EEC OF 8 JULY 1985 SETTING UP A PRIOR
COMMUNICATION AND CONSULTATION PROCEDURE ON MIGRATION POLICIES IN RELATION TO NONMEMBER COUNTRIES IN SO FAR AS THE COMMISSION LACKED COMPETENCE
TO EXTEND, BY MEANS OF ARTICLE 1, THE SCOPE OF THE COMMUNICATION AND CONSULTATION
PROCEDURE TO COVER MATTERS RELATING TO THE CULTURAL INTEGRATION OF WORKERS FROM
NON-MEMBER STATES AND MEMBERS OF THEIR FAMILIES, AND
TO PROVIDE, IN THE SECOND INDENT OF ARTICLE 3, THAT THE OBJECTIVE OF THE CONSULTATION IS
TO ENSURE THAT THE DRAFT NATIONAL MEASURES AND AGREEMENTS ARE IN CONFORMITY WITH
COMMUNITY POLICIES AND ACTIONS;
( 4 ) DISMISSES THE REMAINDER OF THE APPLICATIONS;
( 5 ) ORDERS EACH OF THE PARTIES AND THE INTERVENERS IN CASES 281, 283, 285 AND 287/85 TO
BEAR ITS OWN COSTS .