European Parliament v Commission of the European Communities.
Date: 2007-10-23
35. It should be added that while the Commission asserts that it replied to the Parliament’s request by letter of 22 June 2005, it has, however, adduced no evidence that the Parliament actually received a copy of the contested decision on that date. The letters and informal exchanges between institutions to which the Commission refers cannot be regarded as decisive in that context. In addition, the Commission has been unable to refute the Parliament’s assertion that the information derived from those informal contacts was not sufficiently precise to enable it to acquire full knowledge of the content of, and reasons for, the contested decision.
49. It should borne in mind, at the outset, that, in accordance with the second subparagraph of Article 7(1) EC, the Community institutions may act only within the limits of the powers conferred upon them by the Treaty (see, to that effect, Case C‑93/00 Parliament  v Council  [2001] ECR I‑10119, paragraph 39, and Case C‑110/03 Belgium  v Commission  [2005] ECR I‑2801, paragraph 57).
50. Under the third indent of Article 202 EC, in order to ensure that the objectives set out in the Treaty are attained in accordance with its provisions, the Council of the European Union is to confer on the Commission, in the acts which the Council adopts, powers for the implementation of the rules which it lays down. The Council may impose certain requirements in respect of the exercise of those powers and may also reserve the right, in specific cases, to exercise directly implementing powers itself.
51. Within the framework of those powers, the limits of which must be determined by reference amongst other things to the essential general aims of the legislation in question, the Commission is authorised to adopt all the measures which are necessary or appropriate for the implementation of the basic legislation, provided that they are not contrary to it (see, to that effect, Case C-478/93 Netherlands  v Commission  [1995] ECR I-3081, paragraphs 30 and 31, and Case C‑159/96 Portugal  v Commission  [1998] ECR I-7379, paragraphs 40 and 41).
56. Admittedly, Articles 177 EC to 181 EC, inserted by the EU Treaty and dealing with cooperation with developing countries, refer not only to the sustainable economic and social development of those countries, their smooth and gradual integration into the world economy and the campaign against poverty, but also to the development and consolidation of democracy and the rule of law, as well as to respect for human rights and fundamental freedoms, whilst complying fully with their commitments in the context of the United Nations and other international organisations.
57. In addition, it follows from the Joint statement of the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Development Policy entitled ‘The European Consensus’ (OJ 2006, C 46, p. 1) that there can be no sustainable development and eradication of poverty without peace and security and that the pursuit of the objectives of the Community’s new development policy necessarily proceed via the promotion of democracy and respect for human rights.