1971

CJEC

Re The European Road Transport Agreement Case 22/70 Court of Justice of the European Communities [1971] CMLR 335

This case was originated in a dispute between the Council of Ministers of the Community and the European Commission. The Commission objected the manner in which the Council had conducted the negotiations leading to the conclusion of a treaty with non-member States. The issue considered is the personality of the Community to conclude treaties with non-members binding in international law.

Although it is true that articles 74 and 75 do not explicitly confer on the Community authority to enter into international agreements, nevertheless the bringing into force, on 25 March 1969, of Council Regulation 543/69 relating to the harmonisation of certain social provisions in the field of road transport had the necessary result of conferring on the Community authority to enter into any agreement with non-member States impinging on the subject-matter of that regulation