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Case C-300/89 Commission v Council (Titanium Dioxide) [1991]

Facts

  • A directive designed to harmonise rules on the pollution of titanium dioxide waste had both environmental and economic benefits, so could have been validly based on either Art [114 TFEU], or [192 TFEU]
  • [Art 192] allowed a unanimous Council to adopt an environment measure through the consultation procedure (i.e. cannot be blocked  by Parliament)
  • [Art 114] required Parliament to approve am economic proposal before being enacted
  • The directive was enacted on the basis of [Art 192]

Issue

  • Was this the correct legal basis?

Decision

  • No

Reasoning

  • The choice of legal basis must be based on objective factors such as the aim and content of the measure
  • Where two bases are equally applicable, more power should be given to the (democratic) European Parliament – under [Art 114 TFEU]
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