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(1987) C-281,283-285,287/85. These joined cases concerned whether the EuropeanCommission had the power to issue Decisions (see EULegislation) which are binding on member states. The Commission has an obligation under what was then Art. 118 (now broadly 137-138) to promote cooperation between member states in the field of social policy. To that end, the Commission issued a Decision requiring member states to inform it of any planned policies with respect to immigration from non-member states. Germany challenged this Decision on a number of grounds, including that immigration issues were outside the remit of the obligation imposed by Art. 118, and also that the Commission did not have the power to create binding Decisions.
The ECJ upheld the first objection in part -- clearly some of the information demanded by the commission was outside the field of social policy. But, in general, it was accepted that measures related to immigration would have an effect on social conditions.
The ECJ also held, rejecting the second objection, that the Commission did have the power to create binding decisions under Art. 118. It stated that, when a Treaty Article obliged a body to carry out a certain action, it impliedly gave that body the necessary powers to do so.
See CompetenceOfTheEU for discussion.
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