EUR-Lex -  61988CC0056 - EN - Opinion of Mr Advocate General Mischo delivered on 22 February 1989. - United Kingdom of Great Britain and Northern Ireland v Council of the European Communities. - Action programme for the vocational training of young people - Action for annulment - Legal basis. - Case 56/88.

Opinion of the Advocate-General

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Mr Advocate General Mischo delivered his Opinion on 22 February 1989 . (*) He concluded as follows :

"Under Article 4(1 ) of the Treaty 'each institution shall act within the limits of the powers conferred upon it by this Treaty' . Since Article 128 does not confer on the Council the powers which it purported to exercise in adopting Decision 87/569/EEC on the basis of that article alone, that institution acted ultra vires . Decision 87/569/EEC should therefore be declared void and the Council ordered to pay the costs . The Commission, which intervened in support of the Council' s conclusions, should bear its own costs ."

(*) Original language : French .

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