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European Observer on fundamental right's respect

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Case Law C-91/05 (20/05/2008)

Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 05/20/2008

Subject: The Court annulled Council the Decision 2004/833/CFSP regarding a European Union contribution in the framework of the Moratorium on Small Arms and Light Weapons, because it pursues objectives falling not only within common foreign and security policy, but also Community development cooperation policy. According to the Court this act, should have been adopted under the EC Treaty and not the EU Treaty. Article 47 of the EU Treaty precludes the Union from adopting, on the basis of the EU Treaty, a measure which could properly be adopted on the basis of the EC Treaty.

Parties: Commissione c/ Consiglio

Classification: General theme

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