United Kingdom of Great Britain and Northern Ireland v Council of the European Communities.
Date: 1988-02-23
10 THE AGRICULTURAL POLICY OBJECTIVES SET OUT IN ARTICLE 39 OF THE TREATY INCLUDE IN PARTICULAR THE INCREASING OF PRODUCTIVITY BY PROMOTING TECHNICAL PROGRESS AND BY ENSURING THE RATIONAL DEVELOPMENT OF AGRICULTURAL PRODUCTION AND THE OPTIMUM UTILIZATION OF THE FACTORS OF PRODUCTION . MOREOVER, ARTICLE 39 ( 2 ) ( B ) AND ( C ) PROVIDES THAT IN WORKING OUT THE COMMON AGRICULTURAL POLICY ACCOUNT MUST BE TAKEN OF THE NEED TO EFFECT THE APPROPRIATE ADJUSTMENTS BY DEGREES AND THE FACT THAT IN THE MEMBER STATES AGRICULTURE CONSTITUTES A SECTOR CLOSELY LINKED WITH THE ECONOMY AS A WHOLE . IT FOLLOWS THAT AGRICULTURAL POLICY OBJECTIVES MUST BE CONCEIVED IN SUCH A MANNER AS TO ENABLE THE COMMUNITY INSTITUTIONS TO CARRY OUT THEIR DUTIES IN THE LIGHT OF DEVELOPMENTS IN AGRICULTURE AND IN THE ECONOMY AS A WHOLE .
12 EFFORTS TO ACHIEVE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY, IN PARTICULAR UNDER COMMON ORGANIZATIONS OF THE MARKETS, CANNOT DISREGARD REQUIREMENTS RELATING TO THE PUBLIC INTEREST SUCH AS THE PROTECTION OF CONSUMERS OR THE PROTECTION OF THE HEALTH AND LIFE OF HUMANS AND ANIMALS, REQUIREMENTS WHICH THE COMMUNITY INSTITUTIONS MUST TAKE INTO ACCOUNT IN EXERCISING THEIR POWERS .
14 IT FOLLOWS FROM THE PROVISIONS DISCUSSED ABOVE, TAKEN AS A WHOLE, THAT ARTICLE 43 OF THE TREATY IS THE APPROPRIATE LEGAL BASIS FOR ANY LEGISLATION CONCERNING THE PRODUCTION AND MARKETING OF AGRICULTURAL PRODUCTS LISTED IN ANNEX II TO THE TREATY WHICH CONTRIBUTES TO THE ACHIEVEMENT OF ONE OR MORE OF THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY SET OUT IN ARTICLE 39 OF THE TREATY . THERE IS NO NEED TO HAVE RECOURSE TO ARTICLE 100 OF THE TREATY WHERE SUCH LEGISLATION INVOLVES THE HARMONIZATION OF PROVISIONS OF NATIONAL LAW IN THAT FIELD .
16 CONSEQUENTLY, EVEN WHERE THE LEGISLATION IN QUESTION IS DIRECTED BOTH TO OBJECTIVES OF AGRICULTURAL POLICY AND TO OTHER OBJECTIVES WHICH, IN THE ABSENCE OF SPECIFIC PROVISIONS, ARE PURSUED ON THE BASIS OF ARTICLE 100 OF THE TREATY, THAT ARTICLE, A GENERAL ONE UNDER WHICH DIRECTIVES MAY BE ADOPTED FOR THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES, CANNOT BE RELIED ON AS A GROUND FOR RESTRICTING THE FIELD OF APPLICATION OF ARTICLE 43 OF THE TREATY .
21 IN VIEW OF THE CONTENT AND OBJECTIVES OF THE DIRECTIVE, IT MUST BE FOUND THAT, IN REGULATING CONDITIONS FOR THE PRODUCTION AND MARKETING OF MEAT WITH A VIEW TO IMPROVING ITS QUALITY, IT COMES INTO THE CATEGORY OF MEASURES PROVIDED FOR BY THE AFOREMENTIONED COMMON ORGANIZATIONS OF THE MARKETS IN MEAT AND THUS CONTRIBUTES TO THE ACHIEVEMENT OF THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY WHICH ARE SET OUT IN ARTICLE 39 OF THE TREATY .
22 IT FOLLOWS FROM THE FOREGOING THAT THE DIRECTIVE AT ISSUE FALLS WITHIN THE SPHERE OF THE COMMON AGRICULTURAL POLICY AND THAT THE COUNCIL HAD THE POWER TO ADOPT IT ON THE BASIS OF ARTICLE 43 ALONE .
24 ON THAT POINT, IT SHOULD BE BORNE IN MIND THAT, AS THE COURT HELD IN ITS JUDGMENT OF 26 MARCH 1987 IN CASE 45/86 COMMISSION V COUNCIL (( 1987 )) ECR 1493, IN THE CONTEXT OF THE ORGANIZATION OF THE POWERS OF THE COMMUNITY THE CHOICE OF THE LEGAL BASIS FOR A MEASURE MUST BE BASED ON OBJECTIVE FACTORS WHICH ARE AMENABLE TO JUDICIAL REVIEW . A MERE PRACTICE ON THE PART OF THE COUNCIL CANNOT DEROGATE FROM THE RULES LAID DOWN IN THE TREATY . SUCH A PRACTICE CANNOT THEREFORE CREATE A PRECEDENT BINDING ON COMMUNITY INSTITUTIONS WITH REGARD TO THE CORRECT LEGAL BASIS .
28 IT SHOULD BE POINTED OUT, FIRST, THAT IT IS CLEAR FROM THE CONSIDERATIONS SET OUT ABOVE AS REGARDS THE LEGAL BASIS THAT THE RECITALS IN THE PREAMBLE TO THE DIRECTIVE GIVE A SUFFICIENTLY CLEAR STATEMENT OF THE OBJECTIVES PURSUED AND, SECONDLY, THAT HUMAN HEALTH AND THE PROTECTION OF CONSUMERS' INTERESTS ARE EXPRESSLY MENTIONED IN THE FIRST AND SECOND RECITALS RESPECTIVELY . THAT COMPLAINT MUST THEREFORE BE REJECTED .
36 IT FOLLOWS FROM THE FOREGOING THAT THE REASONS FOR THE DIRECTIVE ARE SUFFICIENTLY STATED . THE SECOND SUBMISSION MUST THEREFORE BE REJECTED .
THE PRINCIPLE OF LEGITIMATE EXPECTATIONS
38 SO FAR AS THAT CLAIM IS CONCERNED, IT MUST BE POINTED OUT THAT THE RULES REGARDING THE MANNER IN WHICH THE COMMUNITY INSTITUTIONS ARRIVE AT THEIR DECISIONS ARE LAID DOWN IN THE TREATY AND ARE NOT AT THE DISPOSAL OF THE MEMBER STATES OR OF THE INSTITUTIONS THEMSELVES .
48 THE COUNCIL IS THEREFORE UNDER A DUTY TO COMPLY WITH THE PROCEDURAL RULE WHICH IT ITSELF LAID DOWN IN ARTICLE 6 ( 1 ) OF ITS RULES OF PROCEDURE . IT CANNOT DEPART FROM THAT RULE, EVEN ON THE BASIS OF A LARGER MAJORITY THAN IS LAID DOWN FOR THE ADOPTION OR AMENDMENT OF THE RULES OF PROCEDURE, UNLESS IT FORMALLY AMENDS THOSE RULES, WHICH CONSTITUTE A MEASURE ADOPTED PURSUANT TO ARTICLE 5 OF THE TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION .
49 IT FOLLOWS THAT IN THIS CASE THE FAILURE TO COMPLY WITH ARTICLE 6 ( 1 ) OF THE COUNCIL' S RULES OF PROCEDURE MUST BE REGARDED AS AN INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 173 OF THE TREATY, AND THAT THEREFORE THE SUBMISSION TO THAT EFFECT CONTAINED IN THE APPLICATION IS WELL FOUNDED . COUNCIL DIRECTIVE 85/649 OF 31 DECEMBER 1985 PROHIBITING THE USE IN LIFESTOCK FARMING OF CERTAIN SUBSTANCES HAVING A HORMONAL ACTION MUST THEREFORE BE DECLARED VOID AND THERE IS NO NEED TO CONSIDER THE APPLICANT' S OTHER SUBMISSIONS .