Opinion of Mr Advocate General Tesauro delivered on 21 February 1991

1 Original language. Italian

2 OJ 1989 L 13, p 28

3 OJ, English Special Edition 1963-1964, p 25.

4 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 (OJ 1986 L 222, p. 17).

5 See the judgment of 26 March 1987 in Case 45/86 Commissionv Council [ 1987] ECR 1493, at paragraph 12

6 Judgment of 30 May 1989 in Case 242/87 Commission v Council (1989) ECR 1425; see also the judgment of 30 May 1989 in Case 56/88 United Kingdom v Council [1989] ECR 1615.

7 Council Decision 87/327/EEC of 15 June 1987 adopting an action scheme for the mobility of university students (OJ 1987 L 166, p. 20).

8 Council Deemon 89/657/EEC of 18 December 1989 establishing an action programme to promote innovation in the field of vocational training resulting from technological change in the European Community (OJ 1989 L. 393, p. 29)

9 Council Decision 9S/267/EFC, ot 29 May 1990 establishing an action programme for the development ot continuing vocational training in the European Community (OJ 1990 L. 156, p 1)

10 In that regard it may be relevant to observe, without wishing to draw any conclusions, that the United Kingdom and France put forward such a submission only at the stage of the reply, that is to say after the Court had stated in the Erasmus judgment that the contested decision did not concern solely vocational training but also scientific research, and that the Council therefore did not have the power to adopt n on the basis of Article 128 alone but was obliged, prior to the entry into force of the Single European Act, to base the measure also on Article 235.

11 See the judgment of 26 March 1987 in Case 45/86 Commmission v Council [ 1987] ECR 1493. at paragraph 13.

12 See the judgment of 29 March 1990 in Case 62/88 Hellenic Republic v Council1990] ECR 1527

13 Judgment of 2 February 1988 in Case 24/86 Blaizol [1988] ECR 379, at paragraph 20.

14 Erasmuis judgment, Case 242/87, at paragraph 36.