Court of Justice of the European Communities (including Court of First Instance Decisions)

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EEC Treaty - Article 235 - Scope - Use of Article 235 to regulate, under temporary importation arrangements which can be established on the the basis of other provisions of the Treaty, the use of containers in internal traffic - Unlawful
( EEC Treaty, Art . 235; Council Regulation No 2096/87 )

It follows from the very wording of Article 235 that its use as a legal basis for a measure is justified only if no other provision of the Treaty gives the Community institutions the necessary power to adopt that measure ( see judgment of 26 March 1987 in Case 45/86 (( 1987 )) ECR 1493 ).
No such justification is available since it involves the insertion into a regulation introducing temporary importation arrangements for containers and capable of adoption on the basis of Articles 28 and 113 of the Treaty of a provision regulating the use of such containers in internal traffic . In fact it is sufficient to establish that that legislation is an essential part of the arrangements for the temporary importation of containers and cannot be divorced from it having regard to the basis for its adoption .

In Case 275/87
Commission of the European Communities, represented by its Legal Adviser, Peter Gilsdorf, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of its Legal Department, Wagner Centre, Kirchberg,
applicant,
v
Council of the European Communities, represented by Raffaello Fornasier, Director, and Bernhard Schloh, an Adviser in the Council' s Legal Department, acting as Agents, with an address for service in Luxembourg at the office of Joerg Kaeser, Manager of the Legal Directorate of the European Investment Bank, 100 boulevard Konrad Adenauer,
defendant,
APPLICATION for a declaration that Council Regulation No 2096/87 of 13 July 1987 on the temporary importation of containers ( Official Journal 1987, L 196, p . 4 ) is void,
THE COURT
composed of : O . Due, President, R . Joliet and T . F . O' Higgins, ( Presidents of Chambers ), Sir Gordon Slynn, G . F . Mancini, F . A . Schockweiler and G . C . Rodríguez Iglesias, Judges,
( the grounds of the judgment are not reproduced )
hereby :

( 1)Declares void Council Regulation No 2096/87 of 13 July 1987 on the temporary importation of containers;
( 2)Declares that the effects of that regulation shall continue to operate until such time as the measures which the Council is required to adopt in order to comply with this judgment have entered into force;
( 3 ) Orders the Council to pay the costs .