HAD ALREADY EXPIRED . AS THE COURT HELD IN ITS JUDGMENT OF 15 JANUARY 1987 IN CASE 152/85 MISSET V COUNCIL, (( 1987 )) ECR 223, 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 THE DAY OF NOTIFICATION . SINCE THE CONTESTED DECISION WAS NOTIFIED TO THE NETHERLANDS PERMANENT REPRESENTATIVE ON 11 JULY 1985, THE PERIOD OF TWO MONTHS WITHIN WHICH PROCEEDINGS FOR A DECLARATION THAT A MEASURE IS VOID MUST BE INSTITUTED PURSUANT TO THE THIRD PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY EXPIRED AT MIDNIGHT ON 11 SEPTEMBER 1985 AND HENCE THE PERIOD FOR BRINGING PROCEEDINGS, INCLUDING THE SIX DAYS' EXTENSION ON ACCOUNT OF DISTANCE FOR THE NETHERLANDS PROVIDED FOR IN ANNEX II TO THE RULES OF PROCEDURE, EXPIRED AT MIDNIGHT ON 17 SEPTEMBER 1985 . HOWEVER, EVEN THE TELEX MESSAGE FROM THE KINGDOM OF THE NETHERLANDS WAS NOT RECEIVED AT THE COURT UNTIL 18*SEPTEMBER 1985 .
6 THE APPLICATION OF THE KINGDOM OF THE NETHERLANDS MUST THEREFORE BE DECLARED INADMISSIBLE AS BEING OUT OF TIME .
7 HOWEVER, IT DOES NOT APPEAR FROM THE DOCUMENTS BEFORE THE COURT THAT THE PERIOD FOR COMMENCING PROCEEDINGS WAS NOT COMPLIED WITH IN THE CASE OF THE ACTIONS BROUGHT BY THE OTHER MEMBER STATES .
SUBSTANCE
8 THE APPLICANT MEMBER STATES RAISED TWO SUBMISSIONS IN SUPPORT OF THEIR CLAIM THAT THE CONTESTED DECISION SHOULD BE DECLARED VOID, NAMELY LACK OF COMPETENCE ON THE PART OF THE COMMISSION TO ADOPT THE DECISION AT ISSUE AND INFRINGEMENT OF ESSENTIAL PROCEDURAL REQUIREMENTS, TO WIT FAILURE TO CONSULT THE ECONOMIC AND SOCIAL COMMITTEE BEFOREHAND AND INSUFFICIENT STATEMENT OF REASONS FOR THE DECISION .
THE COMPETENCE OF THE COMMISSION
9 THE APPLICANT MEMBER STATES MAINTAIN THAT NEITHER ARTICLE 118 NOR ANY OTHER TREATY PROVISION EMPOWERS THE COMMISSION TO ADOPT A BINDING DECISION IN A FIELD WHICH, MOREOVER, FALLS WITHIN THEIR EXCLUSIVE JURISDICTION . THE FRENCH REPUBLIC MAINTAINS THAT MATTERS RELATING TO THE CONDITIONS OF ENTRY, RESIDENCE AND EMPLOYMENT OF NATIONALS OF NON-MEMBER COUNTRIES AFFECT THE MEMBER STATES' SECURITY AND GO SUBSTANTIALLY BEYOND THE SOCIAL FIELD REFERRED TO IN ARTICLE 118 .
10 IN THAT CONNECTION IT SHOULD BE BORNE IN MIND THAT THE FIRST PARAGRAPH OF ARTICLE 118 OF THE EEC TREATY CONFERS ON THE COMMISSION "THE TASK OF PROMOTING CLOSE COOPERATION BETWEEN MEMBER STATES IN THE SOCIAL FIELD ". ITS SECOND PARAGRAPH PROVIDES THAT, TO THAT END, THE COMMISSION IS TO ACT IN CLOSE CONTACT WITH THE MEMBER STATES BY MAKING STUDIES, DELIVERING OPINIONS AND ARRANGING CONSULTATIONS .
11 THE FIRST SUBMISSION RAISES TWO SEPARATE QUESTIONS, THAT IS TO SAY WHETHER COLLABORATION BETWEEN MEMBER STATES IN THE SOCIAL FIELD, AS PROVIDED FOR IN THE FIRST PARAGRAPH OF ARTICLE 118, EXTENDS TO MIGRATION POLICIES IN RELATION TO NON-MEMBER COUNTRIES, AND SECONDLY