Europees recht – ERTA

  • Datum: 31 maart 1971

  • Rechtbankniveau: HvJEU

  • Rechtsgebied: Europees recht

  • Wetsartikelen: /

The European Road Transport Agreement (ERTA) was negotiated through proceedings by the Council and concluded by its Member States. The Commission disagreed with these proceedings as it felt that it was the Commission’s duty to exercise in the negotiations on the ERTA and requested the CJEU to issue an annulment. It’s about the division of powers in this case (‘scheiding der machten’ tussen Europese instanties).

The Commission thought the Council was constituting infringements of art. 91, 218 and 352 TFEU because of the proceedings. Therefore, the Commission requested the annulment. The Court held that the proceedings by the Council were not outside the scope of the given articles. The request by the Commission to annul these proceedings was rejected.