''Roquette Frères v Council'' was a ruling by the
European Court of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Un ...
which annulled a Regulation because the
Council of the European Union failed to consult with the
European Parliament.
Under Article 113 of the
Treaty on the Functioning of the European Union bills covering areas such as home affairs, State aids and the harmonisation of indirect taxation must be passed via the First Special Legislative Procedure. Under this the bill starts with the
European Commission and then go to the Council. The Council are required to consult with the Parliament, but do not need to follow the Parliament's opinion. This can be contrasted with the
Second Special Legislative Procedure, under which parliament may accept or reject a proposal.
Roquette Frères
Roquette is a French-based family owned company which produces more than 650 by-products from the starch extracted from corn, wheat, potatoes and peas.
Founded and headquartered in Lestrem, France in 1933 by the brothers Dominique and Germain R ...
v Council established that, although not binding, consultation with the Parliament is a mandatory part of the First Special Legislative Procedure.
References
External links
Court of Justice of the European Union case law
1982 in case law
1982 in the European Economic Community
{{DEFAULTSORT:Roquette Freres V Council