Commission of the European Communities v. Council of the European Union

Abstract

International organizations — United Nations Food and Agriculture Organization (“FAO”) — Admission of European Community as Member Organization — Continued membership of FAO by Member States of the European Community — Amendments to Constitution and General Rules of FAO to accommodate membership of both the European Community and its Member States — Procedure for exercise of voting rights within FAO — Requirement of prior notification to FAO as to whether the European Community or its Member States will vote on a particular subject — Requirement of unity in the international representation of the European Community — Obligation of close co-operation between the Member States and Community institutions — Inter-institutional Arrangement between Council and Commission of the European Community concerning the exercise of their respective rights within FAO — Council decision giving Member States the right to vote on adoption of agreement on conservation of fishing resources — Whether constituting a breach of ArrangementTreaties — Treaty-making power — European Community — Treaty-making powers of the Community and its Member States — Division of competence — Community possessing power to adopt internal legislation on a particular subject — Parallel power to conclude international agreements — 340Common fisheries policy — Conclusion of international agreement within FAO on conservation of fishing resources — Whether agreement falling within scope of common fisheries policy and therefore a matter for Community rather than Member State competenceInternational organizations — European Community — Legality of acts of institutions — Action for annulment brought by Commission under Article 173 of EC Treaty — Dispute between Commission and Council concerning exercise of voting rights within FAO on adoption of fisheries agreement — Council decision giving Member States rather than the Commission the right to vote on adoption of agreement — Whether decision having legal effects — Whether decision adopted by Committee of Permanent Representatives of Member States or Council itself — Whether decision infringing powers of the Commission or purely a matter of procedure or protocol — Whether decision of Council could be subject to annulment even after vote taken in FAO and adoption of fisheries agreementSea — Fisheries — Fishing vessels — Flagging of fishing vessels — European Community and Member State competence — ConservationEconomics, trade and finance — FAO — Membership and participation by European Community — Conclusion of fisheries agreement — Whether falling within scope of Community's common fisheries policy — The law of the European Community