Judgment of the Court of 30 May 1989. - United Kingdom of Great Britain and Northern Ireland v Council of the European Communities. - Action programme for the vocational training of young people - Action for annulment - Legal basis. - Case 56/88.



European Court reports 1989 Page 01615

Pub.RJ Page Pub somm



Summary

Parties

Operative part



Keywords

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1 . EEC Treaty - Article 235 - Scope

2.Social policy - Common vocational training policy - Adoption by the Council of legal measures providing for Community action and imposing obligations of cooperation on the Member States - Legal basis - Article 128 of the Treaty

( EEC Treaty, Art . 128 )

3.EEC Treaty - Division of powers and conditions governing their exercise - Lack of uniformity

4.Measures adopted by the institutions - Drafting procedure - Legislative measures and budgetary measures - Different procedural requirements

5.Social policy - Common vocational training policy - Adoption by the Council of an action programme for the vocational training of young people - Legal basis - Article 128 of the Treaty

( EEC Treaty, Art . 128 )

Summary

1.It follows from the very wording of Article 235 that its use as the legal basis for a measure is justified only where no other provision of the Treaty gives the Community institutions the necessary power to adopt the measure in question .

2.The enactment of legal measures providing for Community action in the sphere of vocational training and imposing corresponding obligations of cooperation on the Member States falls within the powers conferred on the Council by Article 128 of the Treaty, interpreted in accordance with its wording and the need to ensure its effectiveness .

3.Under the system governing Community powers, the powers of the institutions and the conditions on their exercise derive from various specific provisions of the Treaty, and the differences between those provisions, particularly as regards the involvement of the European Parliament, are not always based on coherent criteria .

4.Under the scheme of the Treaty the conditions under which legislative powers and budgetary powers are exercised are not the same . Consequently, the requirements of the budgetary procedure laid down for making available the appropriations needed for the implementation of the programme at issue cannot have any implications regarding the procedural requirements for its adoption .

5.An action programme for the vocational training of young people and their preparation for adult and working life, the purpose of which is merely to support and supplement through Community measures the policies and activities of the Member States in the area in question and which simply provides for Community information projects and promotional activity and imposes on Member States obligations of cooperation, does not exceed the limits of the powers conferred on the Council by Article 128 of the Treaty

( In paragraphs 1 to 4 the grounds are identical to those of the judgment of the same date, 30 May 1989, in Case 242/87 Commission v Council (( 1989 )) ECR .)

Parties

In Case 56/88

United Kingdom of Great Britain and Northern Ireland, represented by S . J . Hay, of the Treasury Solicitor' s Department, acting as Agent, and Richard Plender, barrister, with an address for service in Luxembourg at the British Embassy,

applicant,

v

Council of the European Communities, represented by Arthur Dashwood, Director in its Legal Department, acting as Agent, with an address for service in Luxembourg at the office of Joerg Kaeser, Manager of the Legal Directorate of the European Investment Bank, 100 boulevard Konrad Adenauer,

defendant,

supported by

Commission of the European Communities, represented by Julian Currall and Georgios Kremlis, members of its Legal Department, acting as Agents, with an address for service in Luxembourg at the office of Mr Kremlis, Wagner Centre, Kirchberg,

intervener,

APPLICATION for the annulment of Council Decision 87/569/EEC of 1 December 1987 concerning an action programme for the vocational training of young people and their preparation for adult and working life ( Official Journal 1987, L 346, p . 31 ),

THE COURT

composed of : O . Due, President, T . Koopmans, R . Joliet and F . Grévisse ( Presidents of Chambers ), Sir Gordon Slynn, G . F . Mancini, C . N . Kakouris, F . A . Schockweiler and G . C . Rodríguez Iglesias, Judges,

( the grounds of the judgment are not reproduced )

hereby :

Operative part

( 1)Dismisses the application;

( 2)Orders the applicant to pay the costs, including those incurred by the intervener .