Court of Justice 19 January 2016, C-361/14 P (European Commission v Peter McBride and Others.)

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Advocate General Sharpston recommends dismissing the Commission's appeal, arguing that the Commission lacked the necessary competence to adopt new decisions after the specific legal basis in Article 4(2) of Decision 97/413/EC had been repealed. The opinion maintains that while Article 266 TFEU imposes an obligation on institutions to comply with annulment judgments, it does not serve as an independent source of competence or revive expired legal bases. Consequently, the General Court did not err in ruling that the Commission could not rely on an ad hoc legal basis to re-examine safety tonnage increase requests following the disappearance of the original regulatory framework.AI