61988CC0056_EN
Opinion of the Advocate-General
Opinion of the Advocate-General
++++
Mr Advocate General Mischo delivered his Opinion on 22 February 1989 . (*) He concluded as follows :
"Under Article 4(1 ) of the Treaty 'each institution shall act within the limits of the powers conferred upon it by this Treaty' . Since Article 128 does not confer on the Council the powers which it purported to exercise in adopting Decision 87/569/EEC on the basis of that article alone, that institution acted ultra vires . Decision 87/569/EEC should therefore be declared void and the Council ordered to pay the costs . The Commission, which intervened in support of the Council' s conclusions, should bear its own costs ."
(*) Original language : French .