Titanium Dioxide (CJEU) C-300/89

(1991)

LEGAL BASIS

LEGAL ANALYSIS

Harmonisation Directive on the guarantees of levels of titanium dioxide. EP brings the case to the ECJ arguing that the directive used the wrong LEGAL BASE. At that time there was not yet OLP for these matters, but the EP had some influence in the cooperation procedure for the internal markt. For environmental cases the Council required unanimity.

CJEU:

→ Two legal bases with different procedures CAN’T BE COMBINED.