- 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]
- Was this the correct legal basis?
- 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]