Parliament v Council (Rec 1992,p I-4593) (Judgment): ECJ 16 Jul 1992

Europa 1. An action for annulment brought by the Parliament against an act of the Council or Commission is admissible provided that the action seeks only to safeguard the Parliament’ s prerogatives and is founded only on submissions alleging their infringement, since those prerogatives include, in particular, participation in the drafting of legislative measures.
2. Due consultation of the European Parliament in the cases provided for by the Treaty is one of the means enabling the Parliament to participate effectively in the Community’ s legislative procedure. That duty of consultation includes the requirement that the Parliament be reconsulted whenever the final text, viewed as a whole, departs substantially from the text on which the Parliament has already been consulted, except in cases where the amendments correspond essentially to the wishes expressed by the Parliament itself.
3. A comparison between the Commission’ s original proposal for Regulation No 4059/89 and the content of that regulation as adopted by the Council shows that temporary authorization within the framework of a Community quota has been substituted for the principle of freedom of cabotage in Member States for carriers established in another Member State. Those substantive amendments, which do not reflect any wish of the Parliament and which affect the whole scheme, are sufficient to require fresh consultation of the Parliament. The fact that the latter was not consulted a second time in the legislative procedure provided for in Article 75 of the Treaty constitutes an infringement of essential procedural requirements, justifying the annulment of Regulation No 4059/89.


C-65/90, [1992] EUECJ C-65/90




Updated: 01 June 2022; Ref: scu.160457