Opinion of Mr Advocate General Mischo delivered on 22 February 1989

1 Original language: French.

2 OJ L 166, 25.6.1987, p. 20.

3 OJ, English Special Edition 1963-64, p. 25.

4 Judgment of 26 March 1987 in Case 45/86 Commission v Council [1987] ECR 1493, paragraph 13.

5 In its hormones judgment of 23 February 1988 in Case 68/86 United Kingdom v Council [1988] ECR 855, the Court declared that a mere practice on the part of the Council cannot derogate from the rules laid down in the Treaty and create a precedent binding on Community institutions with regard to the correct legal basis (paragraph 24) and that the rules regarding the manner in which the Community institutions arrive at their decisions are laid down in the Treaty and are not at the disposal of the Member States or of the institutions themselves (paragraph 38).

6 Wolfgang Stabenow in Groebcn, Boeck, Thiesing, Ehlermann, Kommentar zum EWG- Vertrag, 3rd edition. 1983, Vol. 1. commentary on Anide 128, p. 2087, No 2.

7 Council Decision 86/365/EEC of 24 July 1986 adopting the programme on cooperation between universities and enterprises regarding training in the field of technology (Comett), OJ L 222, 8.8.1986, p. 17.

8 Council Decision 89/27/EEC of 16 December 1988 adopting the second phase of the programme on cooperation between universities and industry regarding training In the field of technology (Comett II) (1990-94), OJ L 13, 17.1.1989, p. 28.

9 Joined Cases 281, 283, 284, 285 and 287/85 Federal Republic of Germany, French Republic, Kingdom of the Netherlands, Kingdom of Denmark and United Kingdom of Great Britain and Northern Ireland v Commission [1987] ECR 3203.

10 In this connection sec Stabenow in the commentary cited above, at p. 2088.

11 Case 24/86 Blaizot v Université de Liège and Others, especially at paragraph 20.

12 Case 293/83 Cravierv City of Liège [1985] ECR 593.

13 See also the judgment of 13 July 1983 in Case 152/82 Forcheriv Belgium [1983] ECR 2323.

14 Case 9/74 Casagrande v Landeshauptstadt München [1974] ECR 773.

15 See Bul let in of t he European Communities, Supplement 7/85, p. 19 et seq.

16 Decision concerning an action programme for the vocational training of young people and their preparation for adult and working life, OJ L 346, 10.12.1987, p. 31.

17 Erasmus, financial support for cooperation and mobility in hig her education in the European Community (Academic year 1989/90).

18 In its judgment of 27 September 1988 in Case 165/87 Commission v Council (1988) ECR 5545, the Court expressly declared that in so far as the competence of an institution is derived from two provisions of the Treaty, thai institution is bound 10 adopt the relevant measures on the basis of both provisions, (paragraph 11)