Court of Justice 2 June 2005, C-533/03 (Commission of the European Communities v Council of the European Union.)

Opinion of the Advocate-General Opinion of the Advocate-General I – Introduction 1. By this application for annulment the Commission is challenging the fact that the Council did not base the following legislation on Article 95 EC, as proposed by the Commission, but on Article 93 or Articles 93 and 94 EC respectively: Council Regulation (EC) No 1798/2003 of 7 October 2003 on administrative