A measure may be challenged under Art.230 if an essential procedural requirement is infringed.
In March 1979, the Council sent the European Parliament a draft regulation, to fix a quota for isoglucose producers, for consultation. The Council requested the Parliament its openion to be received by April, so that the measure could be adopted by July of that year. The measure was adopted by the Council in June 1979 without the consent of the Parliament. As aresult a group of isoglucose producers challenged the regulation on the basis of Art 43(2) of the Treaty which considers the consultation as an essential procedural requirement.
The ECJ held that failure to consult the European Parliament, as required under Art. 43(2) of the Treaty, was a breach of an essential procedural requirement. The regulation was annulled (See Roquette Freres S.A. v Council, Case 138/79) 1980.
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