Someone recently bought our

students are currently browsing our notes.

X

Case C-440/05 Commission v Council

[2007] ECR I-9097

Case summary last updated at 11/02/2020 19:52 by the Oxbridge Notes in-house law team.

Judgement for the case Case C-440/05 Commission v Council

Follow up case to the previous one. Art. 80(2) allows the council to make provisions relating to transport, but does not list any limitations on that power. Equally requirements relating to environmental protection must be integrated into the implementation and definition of Community policies. Therefore, under art. 80(2) it can promote environmental protection, and create criminal laws relating to it. Under Article 47 EU, none of the provisions of the EC Treaty is to be affected by a provision of the EU Treaty. Thus the application of criminal law cannot be rendered exclusive to the 3rd pillar. 
 
Art 47 EU: Subject to the provisions amending the Treaty establishing the European Economic Community with a view to establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community, and to these final provisions, nothing in this Treaty shall affect the Treaties establishing the European Communities or the subsequent Treaties and Acts modifying or supplementing them.

Have you seen Oxbridge Notes' best European Law study materials?

Our law notes have been a popular underground sensation for 10 years:

  • Written by Oxford & Cambridge prize-winning graduates
  • Includes copious adademic commentary in summary form
  • Concise structure relating cases and statutes into an easy-to-remember whole
  • Covers all major cases for LLB exams
  • Satisfaction guaranteed refund policy
  • Recently updated
European Law Notes

European Law Notes >>