ABSTRACT
In Chapter 6, we examined the jurisdiction of the Court of Justice under Article 173(1) EEC (now 230(1) and (2) EC) regarding judicial review of acts of the Community’s law makers in the context of Member State claims of defective Treaty basis and inter-institutional disputes. The first of the latter cases raised a question concerning the distribution of powers between the Commission (representing the Community interest) and the Council (representing the interests of the Member States): Case 22/70 Commission v Council (European Road Transport Agreement).
