1985, BY THE KINGDOM OF DENMARK,
23 SEPTEMBER 1985, BY THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
THE ABOVEMENTIONED MEMBER STATES BROUGHT AN ACTION PURSUANT TO THE FIRST PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY FOR A DECLARATION THAT 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 ( OFFICIAL JOURNAL 1985, L 217, P . 25 ) IS VOID .
2 DECISION 85/381/EEC SETS UP A PRIOR COMMUNICATION AND CONSULTATION PROCEDURE ON MIGRATION POLICIES IN RELATION TO NON-MEMBER COUNTRIES . UNDER ARTICLE 1 THE MEMBER STATES ARE TO INFORM THE COMMISSION AND THE OTHER MEMBER STATES OF THEIR DRAFT MEASURES AND DRAFT AGREEMENTS WITH REGARD TO WORKERS FROM NON-MEMBER STATES AND MEMBERS OF THEIR FAMILIES RELATING TO THE FOLLOWING AREAS : ENTRY, RESIDENCE AND EMPLOYMENT, INCLUDING ILLEGAL ENTRY, RESIDENCE AND EMPLOYMENT; THE ACHIEVEMENT OF EQUAL TREATMENT IN LIVING AND WORKING CONDITIONS, WAGES AND ECONOMIC RIGHTS; THE PROMOTION OF INTEGRATION INTO THE WORKFORCE, SOCIETY AND CULTURAL LIFE; AND THE VOLUNTARY RETURN OF SUCH PERSONS TO THEIR COUNTRIES OF ORIGIN . UNDER ARTICLE 2 THAT NOTIFICATION PROCEDURE MAY BE FOLLOWED BY CONSULTATION BETWEEN THE MEMBER STATES AND THE COMMISSION, ARRANGED BY THE COMMISSION . THE CONSULTATION PROCEDURE MAY BE INITIATED BY A MEMBER STATE OR BY THE COMMISSION . UNDER ARTICLE 3 THE OBJECTIVES OF THE CONSULTATION PROCEDURE ARE, INTER ALIA, TO FACILITATE THE MUTUAL EXCHANGE OF INFORMATION AND THE IDENTIFICATION OF PROBLEMS OF COMMON INTEREST AND, AS A RESULT, THE ADOPTION OF A COMMON POSITION BY THE MEMBER STATES; TO ENSURE THAT THE AGREEMENTS AND MEASURES ARE IN CONFORMITY WITH COMMUNITY POLICIES AND ACTIONS; AND TO EXAMINE THE DESIRABILITY OF MEASURES, AIMED, IN PARTICULAR, AT ACHIEVING PROGRESS TOWARDS THE HARMONIZATION OF NATIONAL LEGISLATION ON FOREIGNERS AND THE INCLUSION OF A MAXIMUM OF COMMON PROVISIONS IN BILATERAL AGREEMENTS .
3 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER DESCRIPTION OF THE FACTS AND THE CLAIMS AND SUBMISSIONS OF THE PARTIES, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
ADMISSIBILITY
4 THE COMMISSION QUESTIONED THE ADMISSIBILITY OF THE ACTION BROUGHT BY THE KINGDOM OF THE NETHERLANDS, ON THE GROUND THAT ON THE DATE WHEN THE PERIOD FOR COMMENCING PROCEEDINGS EXPIRED, THE ORIGINAL OF THE APPLICATION HAD NOT BEEN LODGED AT THE COURT REGISTRY, ONLY A TELEX MESSAGE HAVING BEEN SENT BY THAT DATE .
5 IT IS UNNECESSARY TO DECIDE WHETHER AN APPLICATION SENT BY TELEX SATISFIES THE FORMAL REQUIREMENTS SET OUT IN ARTICLE 37 ( 1 ) OF THE RULES OF PROCEDURE AND WHETHER TRANSMISSION BY TELEX IS COMPATIBLE WITH THE EXISTENCE OF THE RULES ON THE EXTENSION OF TIME-LIMITS ON ACCOUNT OF DISTANCE PROVIDED FOR IN ARTICLE 81 ( 2 ) OF THE RULES OF PROCEDURE, SINCE ON THE DATE WHEN THE TELEX MESSAGE WAS RECEIVED AT THE REGISTRY THE PERIOD OF TIME ALLOWED FOR COMMENCING PROCEEDINGS