61986CO0221_EN
Parties
Subject of the case
Grounds
Operative part
Parties
IN CASE 221/86 R
GROUP OF THE EUROPEAN RIGHT, A POLITICAL GROUP WITHIN THE EUROPEAN PARLIAMENT,
AND
NATIONAL FRONT PARTY, A NON-PROFIT MAKING ASSOCIATION, WHOSE HEADQUARTERS ARE IN PARIS,
REPRESENTED BY W . DE SAINT JUST, OF THE PARIS BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF E . PRETA, DEPUTY SECRETARY-GENERAL OF THE GROUP OF THE EUROPEAN RIGHT, PLATEAU DU KIRCHBERG, BP 1601,
APPLICANTS, V
EUROPEAN PARLIAMENT, REPRESENTED BY F . PASETTI-BOMBARDELLA, JURISCONSULT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE SEAT OF THE EUROPEAN PARLIAMENT, PLATEAU DU KIRCHBERG, BP 1601,
DEFENDANT,
Subject of the case
APPLICATION FOR AN ORDER SUSPENDING THE OPERATION OF THE DECISION OF THE ENLARGED BUREAU OF THE EUROPEAN PARLIAMENT DATED 10 JULY 1986 ON THE ALLOCATION OF THE APPROPRIATIONS ENTERED UNDER ITEM 3708 OF THE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES FOR THE FINANCIAL YEAR 1986 IN CONNECTION WITH THE ' INFORMATION CAMPAIGNS '
IN SPAIN AND PORTUGAL,
Grounds
1 BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 13 AUGUST 1986 THE GROUP OF THE EUROPEAN RIGHT AND THE NATIONAL FRONT PARTY BROUGHT AN ACTION UNDER THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY FOR A DECLARATION THAT THE DECISION OF THE ENLARGED BUREAU OF THE EUROPEAN PARLIAMENT DATED 10 JULY 1986 ON THE ALLOCATION OF THE APPROPRIATIONS ENTERED UNDER ITEM 3708 OF THE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES IS VOID .
2 ITEM 3708 APPEARS IN THE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES FOR THE FINANCIAL YEAR 1986 IN THE SECTION CONCERNING THE EUROPEAN PARLIAMENT AT CHAPTER 37 IN TITLE 3, WHICH COVERS EXPENDITURE RESULTING FROM SPECIAL FUNCTIONS CARRIED OUT BY THE INSTITUTION ( OFFICIAL JOURNAL 1985, L 358, P . 148 ). ITEM 3708 WAS INITIALLY HEADED ' CONTRIBUTION TO THE COSTS OF PREPARATIONS FOR THE NEXT EUROPEAN ELECTIONS ', BUT THAT HEADING WAS SUBSEQUENTLY AMENDED TO READ ' EUROPEAN INFORMATION CAMPAIGN '
( OFFICIAL JOURNAL 1986, L 214, P . 81 ). ACCORDING TO THE REMARKS CONCERNING THE ITEM, OF THE TOTAL ENTERED AGAINST IT, NAMELY 7 800 000 ECU, 3 500 000 ECU IS EXCLUSIVELY INTENDED FOR THE INFORMATION CAMPAIGN FOR THE FIRST DIRECT ELECTIONS TO THE EUROPEAN PARLIAMENT IN SPAIN AND PORTUGAL . IT IS ALSO STATED THAT THAT AMOUNT IS TO BE SUBJECT TO THE SAME ARRANGEMENTS FOR MONITORING ITS UTILIZATION AS THOSE ADOPTED FOR THE AMOUNTS ENTERED AGAINST ITEM 3708 FOR THE INFORMATION CAMPAIGN FOR THE 1984 EUROPEAN ELECTIONS .
3 ON 10 JULY 1986, THE ENLARGED BUREAU OF THE EUROPEAN PARLIAMENT ADOPTED THE CONTESTED DECISION ON A PROPOSAL MOVED BY THE COMMUNIST GROUP . THAT PROPOSAL APPLIES THE SAME PRINCIPLES AS THE PROPOSAL ALREADY ADOPTED BY THE ENLARGED BUREAU FOR ITEM 3708 IN CONNECTION WITH THE GENERAL FUNDS, NAMELY, THE ALLOCATION OF A FIXED AMOUNT WHICH IS DETERMINED BY THE SIZE OF THE GROUPS AND OF AN AMOUNT WHICH IS STRICTLY PROPORTIONATE TO THE NUMBER OF MEMBERS CONCERNED IN EACH GROUP . IT IS FURTHER STATED THAT SINCE THE APPROPRIATIONS IN QUESTION ARE INTENDED SPECIFICALLY FOR INFORMATION IN SPAIN AND PORTUGAL, THE MEMBERS CONCERNED ARE THE SPANISH AND PORTUGUESE MEMBERS IN EACH GROUP AND THAT THEIR NUMBER CONSTITUTES THE BASIS FOR CALCULATING THE PROPORTIONATE ALLOCATION . THE APPLICATION OF THOSE PRINCIPLES RESULTED IN THE APPLICANTS BEING ALLOCATED A FIXED AMOUNT OF 17 500 ECU . HOWEVER, THEY WERE EXCLUDED FROM THE PROPORTIONATE DISTRIBUTION OF THE REMAINING FUNDS SINCE THOSE FUNDS WERE RESTRICTED TO GROUPS WHICH ALREADY INCLUDED SPANISH AND PORTUGUESE MEMBERS .
4 BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 11 SEPTEMBER 1986, THE APPLICANTS APPLIED, PURSUANT TO ARTICLE 185 OF THE EEC TREATY, ARTICLE 36 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC AND ARTICLE 83 OF THE RULES OF PROCEDURE, FOR AN ORDER SUSPENDING THE OPERATION OF THE DECISION OF THE ENLARGED BUREAU OF THE EUROPEAN PARLIAMENT DATED 10 JULY 1986 UNTIL THE COURT HAS GIVEN JUDGMENT IN THE MAIN PROCEEDINGS .
5 IN REPLY TO A QUESTION WHICH WAS PUT TO IT ON 12 SEPTEMBER 1986 BY THE PRESIDENT OF THE COURT AND WHICH WAS INTENDED TO ESTABLISH WHETHER THE EUROPEAN PARLIAMENT HAD ALREADY TAKEN STEPS TO IMPLEMENT THE DECISION OF 10 JULY 1986, OR WHETHER IT INTENDED TO DO SO BEFORE AN ORDER HAD BEEN MADE TERMINATING THESE INTERLOCUTORY PROCEEDINGS, THE DEFENDANT STATED, IN ITS REPLY DATED 16 SEPTEMBER 1986, THAT FOLLOWING THE APPROVAL OF THE MINUTES OF THE ENLARGED BUREAU OF 9 AND 10 JULY 1986, GIVEN ON 10 SEPTEMBER 1986, THE COMPETENT DEPARTMENTS OF THE EUROPEAN PARLIAMENT HAD BEEN AUTHORIZED, BY A MEMORANDUM OF THE SECRETARY-GENERAL DATED 11 SEPTEMBER 1986, TO CARRY OUT THE PAYMENTS OF THE APPROPRIATIONS ENTERED UNDER ITEM 3708 TO THE POLITICAL GROUPS IN ACCORDANCE WITH THE BASIS FOR ALLOCATION WHICH HAD BEEN ADOPTED BY THE ENLARGED BUREAU AT ITS MEETING ON 10 JULY 1986 . IT FURTHER STATED THAT BY 16 SEPTEMBER 1986 THE FOLLOWING PAYMENTS HAD BEEN MADE :
POLITICAL GROUPS SUMS PAID S1 662 486 PPE 397 497 ED 533 329 COM 149 999 LDR 456 663 RDE 188 332 DR 17 500
6 MOREOVER, AT THE REQUEST OF THE PRESIDENT OF THE COURT, THE EUROPEAN PARLIAMENT INDICATED THE EXACT DATE ON WHICH ITS FINANCIAL DEPARTMENTS HAD EFFECTED THE TRANSFERS TO THE BANK ACCOUNTS OF THE POLITICAL GROUPS IN ACCORDANCE WITH THE DECISION OF 10 JULY 1986 . IT APPEARS FROM THE INFORMATION PROVIDED BY THE PARLIAMENT THAT IN THE CASE OF THE SOCIALIST GROUP THE TRANSFER WAS MADE ON 15 SEPTEMBER 1986 . FOR THE TRANSFERS TO THE OTHER POLITICAL GROUPS THE PARLIAMENT ' S REPLY CONSISTED MERELY OF THE WORDS ' IDEM SOCIALIST GROUP EXCEPT FOR DATE OF PAYMENT ' ; IT DID NOT SUPPLY ANY INFORMATION FROM WHICH IT WAS POSSIBLE TO DETERMINE THE DATES ON WHICH THE TRANSFERS HAD BEEN MADE .
7 IT WOULD THEREFORE SEEM THAT BY EFFECTING THOSE TRANSFERS THE EUROPEAN PARLIAMENT PROCEEDED WITH THE IMPLEMENTATION OF THE DECISION OF 10 JULY 1986 IN RESPECT OF A LARGE PART OF THE APPROPRIATIONS IN QUESTION DESPITE THE FACT THAT IT WAS FULLY AWARE THAT INTERLOCUTORY PROCEEDINGS HAD BEEN INSTITUTED WITH A VIEW TO OBTAINING THE SUSPENSION OF THE OPERATION OF THAT DECISION .
8 ACCORDING TO ARTICLE 84 ( 2 ) OF THE RULES OF PROCEDURE THE PRESIDENT OF THE COURT MAY GRANT AN APPLICATION FOR INTERIM MEASURES EVEN BEFORE THE OBSERVATIONS OF THE OPPOSITE PARTY HAVE BEEN SUBMITTED . THAT DECISION MAY BE VARIED OR CANCELLED EVEN WITHOUT ANY APPLICATION BEING MADE BY ANY PARTY .
9 IN THIS INSTANCE, IN ORDER TO ENSURE THAT THE INTERLOCUTORY PROCEEDINGS ARE NOT DEPRIVED OF THEIR SUBSTANCE AND THEIR EFFECT, IT WOULD SEEM NECESSARY, IN THE INTERESTS OF THE PROPER ADMINISTRATION OF JUSTICE, AS A PRECAUTIONARY MEASURE, TO SUSPEND THE OPERATION OF THE DECISION OF 10 JULY 1986 UNTIL AN ORDER HAS BEEN MADE TERMINATING THESE INTERLOCUTORY PROCEEDINGS .
10 SINCE THAT DECISION HAS ALREADY BEEN IMPLEMENTED TO A LARGE EXTENT INASMUCH AS 3 405 806 ECU OF THE TOTAL APPROPRIATION AVAILABLE OF 3 500 000 ECU HAS ALREADY BEEN PAID BY THE EUROPEAN PARLIAMENT TO THE VARIOUS POLITICAL GROUPS, THE PRESIDENT OF THE COURT CONSIDERS THAT THE EUROPEAN PARLIAMENT MUST TAKE ALL THE NECESSARY STEPS TO ENSURE THAT THE POLITICAL GROUPS WITHIN THE PARLIAMENT TO WHICH THE SUMS REFERRED TO IN PARAGRAPH 5 OF THIS ORDER HAVE BEEN PAID CANNOT DISPOSE OF THOSE SUMS UNTIL AN ORDER HAS BEEN MADE TERMINATING THESE INTERLOCUTORY PROCEEDINGS .
Operative part
ON THOSE GROUNDS,
THE PRESIDENT
BY WAY OF AN INTERIM DECISION,
HEREBY ORDERS AS FOLLOWS :
( 1 ) THE OPERATION OF THE DECISION OF THE ENLARGED BUREAU OF THE EUROPEAN PARLIAMENT DATED 10 JULY 1986 ON THE ALLOCATION OF THE APPROPRIATIONS ENTERED UNDER ITEM 3708 OF THE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES FOR THE FINANCIAL YEAR 1986 IN CONNECTION WITH THE INFORMATION CAMPAIGNS IN SPAIN AND PORTUGAL, IS, AS A PRECAUTIONARY MEASURE, SUSPENDED UNTIL AN ORDER HAS BEEN MADE TERMINATING THESE INTERLOCUTORY PROCEEDINGS .
( 2)IN VIEW OF THE SPECIAL CIRCUMSTANCES OF THE DISPUTE, IN ORDER TO ENSURE THAT THE SUSPENSION ORDERED AS A PRECAUTIONARY MEASURE IS EFFECTIVE, THE EUROPEAN PARLIAMENT MUST TAKE TWO MEASURES :
- IN THE FIRST PLACE, THE EUROPEAN PARLIAMENT MUST REFRAIN FROM PAYING THE REMAINDER OF THE APPROPRIATION, NAMELY 94 194 ECU, WHICH HAS NOT YET BEEN PAID TO THE POLITICAL GROUPS, UNTIL AN ORDER HAS BEEN MADE TERMINATING THESE INTERLOCUTORY PROCEEDINGS ;
-SECONDLY, THE EUROPEAN PARLIAMENT MUST TAKE ALL THE NECESSARY STEPS TO ENSURE THAT THE POLITICAL GROUPS WITHIN THE PARLIAMENT DO NOT USE THE SUMS REFERRED TO IN PARAGRAPH 5 OF THIS ORDER WHICH WERE PAID TO THEM BY THE PARLIAMENT IN ACCORDANCE WITH THE DECISION OF 10 JULY 1986 .
( 3)THE EUROPEAN PARLIAMENT IS REQUESTED TO NOTIFY THE PRESIDENT OF THE COURT NOT LATER THAN 4 PM ON MONDAY 22 SEPTEMBER 1986 OF THE STEPS WHICH IT HAS TAKEN IN ORDER TO COMPLY WITH THIS ORDER .