Judgment of the Court of 16 November 1989.#Commission of the European Communities v Council of the European Communities.#Agriculture - Undesirable substances and products in animal nutrition - Legal basis.#Case C-11/88.

Parties

In Case C-11/88

Commission of the European Communities, represented by René Barents, a member of its Legal Department, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of its Legal Department, Wagner Centre, Kirchberg,

applicant,

v

Council of the European Communities, represented by Arthur Brautigam and Moyra Sims, respectively Principal Administrator and Administrator in the Legal Department of the Council, acting as Agents, with an address for service in Luxembourg at the office of Joerg Kaeser, Manager of the Legal Directorate of the European Investment Bank, 100 boulevard Konrad-Adenauer,

defendant,

APPLICATION for a declaration that Council Directive 87/519/EEC of 19 October 1987 amending Directive 74/63/EEC on undesirable substances and products in animal nutrition ( Official Journal 1987, L 304, p . 38 ) is void,

THE COURT

composed of : O . Due, President, Sir Gordon Slynn and F . A . Schockweiler ( Presidents of Chambers ), G . F . Mancini, R . Joliet, T . F . O' Higgins, J . C . Moitinho de Almeida, G . C . Rodríguez Iglesias and F . Grévisse, Judges,

( the grounds of the judgment are not reproduced )

hereby :

Operative part

( 1 ) Declares void Council Directive 87/519/EEC of 19 October 1987 amending Directive 74/63/EEC on undesirable substances and products in animal nutrition;

( 2 ) Orders the Council to bear the costs .