ARTICLE 118, THE COMMISSION HAS THE TASK OF PROMOTING COOPERATION BETWEEN MEMBER STATES .
3 . 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 .
4 . 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 .
Parties
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,