French Republic v. Commission of the European Communities

Abstract

Treaties — Power to conclude — European Community — Treaty-making powers of the Community — EEC Treaty, 1957, Article 228(1) — Division of responsibilities between Commission and Council — Competition law — Commission possessing internal powers to take individual decisions on specific matters of competition law — Whether Commission possessing parallel power to conclude international administrative agreement with competition authorities of non-member country

International organizations — European Community — Institutions — Powers — Requirement of specific attribution — EEC Treaty, Article 4(1) — Division of powers between institutions — Article 228(1) of Treaty — Treaty-making competence vested in principle in Council — Exception granting competence to Commission — Whether requiring restrictive interpretation

International organizations — Treaty-making powers — European Community — Capacity to conclude international agreements — Whether vested in the Community or its institutions — Whether non-performance of agreement by Community institution giving rise to liability of Community itself at international level — EEC Treaty, Articles 210 and 228 — Vienna Convention on the Law of Treaties between States and International Organizations, 1986, Article 2(l)(a)(i)

Treaties — Interpretation — Principles of interpretation — Specific derogation — Interpretation by comparison of different language versions of multilateral treaty — Interpretation by reference to analagous provision of another treaty binding the same parties — Whether permissible — EEC Treaty, Article 228(1) — Euratom Treaty, 1957, Article 101(3)

International organizations — European Community — Institutions — Court of Justice — Powers — Judicial review — EEC Treaty, Article 173 — Power to review legality of acts of Community institutions — Whether including power to examine legality of procedure for conclusion of agreement with non-member country

Economics, trade and finance — Competition rules — Agreement between authorities of European Community and United States concerning application of their respective competition laws — Legal effect of Agreement — Whether merely an administrative arrangement — Whether void for lack of competence on the part of the Commission — The law of the European Community