The Junger decision is not a binding precedent in the Goldstein case, which goes on next week.

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But last week, an appeals court upheld the ruling on new grounds that didn't set such a binding precedent.

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"The European Parliament's opinion is not binding, and if the Commission complies with the negative opinion, it sets a dangerous precedent for the powers of the Commission in the future, " said an EU official who asked not to be identified.

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