Judicial Cases
C-91/05 Commission v Council, judgment of 20 May 2008 This case is connecting with the choice of the correct legal basis for a particular act. THE COURT ANNULS THE COUNCIL DECISION SUPPORTING THE MORATORIUM ON SMALL ARMS AND LIGHT WEAPONS IN WEST AFRICA The decision, which pursues objectives falling not only within common foreign and security policy but also Community development cooperation policy , should have been adopted under the EC Treaty and not the EU Treaty. In July 2002, the Council adopted, in the framework of the Common Foreign and Security Policy(CFSP) and on the basis of the EU Treaty, a Joint Action concerning the combating of the proliferation of small arms and light weapons1. In order to implement that joint action, on 2 December 2004 the Council adopted a Decision2 with a view to a European Union contribution to the Economic Community of West African States (ECOWAS) in the framework of the Moratorium on Small Arms and Light Weapo
