61982CO0293_EN
Parties
Subject of the case
Grounds
Operative part
Parties
IN CASE 293/82 R
HENRI DE COMPTE, AN ACCOUNTING OFFICER OF THE EUROPEAN PARLIAMENT, RESIDING IN LUXEMBOURG, AT 10 AVENUE GUILLAUME, REPRESENTED BY GASTON VOGEL, OF THE LUXEMBOURG BAR,
APPLICANT,
V
EUROPEAN PARLIAMENT, REPRESENTED BY ITS PRESIDENT, LUXEMBOURG,
DEFENDANT,
Subject of the case
APPLICATION FOR THE SUSPENSION OF THE OPERATION OF THE DECISION OF THE PRESIDENT OF THE EUROPEAN PARLIAMENT OF 30 SEPTEMBER 1982, BY WHICH DISCIPLINARY PROCEEDINGS WERE INSTITUTED AGAINST THE APPLICANT,
Grounds
1 . BY A LETTER OF 30 SEPTEMBER 1982, ADDRESSED TO THE CHAIRMAN OF THE DISCIPLINARY BOARD, THE PRESIDENT OF THE EUROPEAN PARLIAMENT, AS THE APPOINTING AUTHORITY, INFORMED THE CHAIRMAN OF HIS DECISION TO INSTITUTE DISCIPLINARY PROCEEDINGS, PURSUANT TO THE SECOND PARAGRAPH OF ARTICLE 87 OF THE STAFF REGULATIONS AND TO ARTICLE 71 OF THE FINANCIAL REGULATION, AGAINST THE APPLICANT, THE FORMER HEAD AND ACCOUNTING OFFICER OF THE TREASURY AND ACCOUNTS DIVISION OF THE EUROPEAN PARLIAMENT ; AT THE SAME TIME HE NOTIFIED THE CHAIRMAN OF THE BOARD OF THE CHARGES MADE AGAINST THE APPLICANT .
2 . THE CHARGES ALLEGE VARIOUS BREACHES OF THE OBLIGATIONS INCUMBENT ON THE APPLICANT UNDER THE STAFF REGULATIONS AND THE FINANCIAL REGULATION IN THE PERFORMANCE OF HIS OFFICIAL DUTIES, MORE SPECIFICALLY OF ARTICLE 21 OF THE STAFF REGULATIONS IN REPEATEDLY EXCEEDING HIS AUTHORITY, OF BREACH OF THE PRINCIPLE OF THE SOUND FINANCIAL MANAGEMENT OF HIS DEPARTMENT, WHICH, IN PARTICULAR, LED TO BREACHES OF THE OBLIGATIONS INCUMBENT ON HIM IN THE PURSUANCE OF HIS SPECIFIC DUTY AS ACCOUNTING OFFICER ( ARTICLE 21 OF THE STAFF REGULATIONS AND ARTICLE 70 OF THE FINANCIAL REGULATION ) AND, FURTHER, BY PUBLIC EXPRESSION OF OPINIONS REFLECTING ON HIS POSITION ( FIRST PARAGRAPH OF ARTICLE 12 OF THE STAFF REGULATIONS ).
3 . BY APPLICATION LODGED AT THE COURT REGISTRY ON 16 NOVEMBER 1982, THE APPLICANT ASKED THE COURT TO SET ASIDE THE ABOVE-MENTIONED DECISION OF THE
PRESIDENT OF THE EUROPEAN PARLIAMENT, ALLEGING THAT THE DISCIPLINARY PROCEEDINGS HAD BEEN INITIATED IN BREACH OF THE LATTER PART OF ARTICLE 87 OF THE STAFF REGULATIONS, INASMUCH AS THE APPLICANT HAD NOT BEEN GIVEN A HEARING PRIOR TO THE INSTITUTION OF THE PROCEEDINGS .
4 . BY SEPARATE DOCUMENT, REGISTERED AT THE COURT ON THE SAME DAY, THE APPLICANT SUBMITTED AN APPLICATION, UNDER ARTICLE 185 OF THE EEC TREATY AND ARTICLE 83 ( 1 ) OF THE RULES OF PROCEDURE, TO SUSPEND THE DISCIPLINARY PROCEEDINGS, PENDING THE DECISION OF THE COURT . IN SUPPORT OF THIS APPLICATION, THE APPLICANT POINTED OUT THE URGENCY OF THE MATTER IN VIEW OF THE FACT THAT THE NEXT MEETING OF THE DISCIPLINARY BOARD WAS SET FOR 26 NOVEMBER 1982 .
5 . IT MAY BE SEEN FROM THE FILE ON THE CASE THAT, IN HIS LETTER OF 10 NOVEMBER 1982, THE CHAIRMAN OF THE DISCIPLINARY BOARD OF THE EUROPEAN PARLIAMENT CALLED UPON THE APPLICANT TO PREPARE HIS DEFENCE UNDER ARTICLE 4 OF ANNEX IX TO THE STAFF REGULATIONS, ON DISCIPLINARY PROCEEDINGS, BEFORE 26 NOVEMBER 1982, THE DATE ON WHICH THE NEXT MEETING OF THE BOARD WAS DUE TO BE HELD .
6 . UNDER ARTICLE 84 ( 2 ) OF THE RULES OF PROCEDURE, THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES IS TO BE SERVED ON THE OTHER PARTY AND THE PRESIDENT IS TO PRESCRIBE A PERIOD WITHIN WHICH THE OTHER PARTY MAY SUBMIT HIS OBSERVATIONS . THE PRESIDENT MAY, IN ANY CASE, GRANT THE APPLICATION, EVEN BEFORE THE OPPOSITE PARTY HAS LODGED HIS OBSERVATIONS . THAT DECISION MAY SUBSEQUENTLY BE VARIED OR CANCELLED, EVEN IF NO APPLICATION HAS BEEN MADE BY ANY PARTY .
7 . IN THIS CASE, IT IS DESIRABLE TO DECIDE ON THE APPLICATION AFTER THE WRITTEN OBSERVATIONS OF THE DEFENDANT HAVE BEEN SUPPLIED . HAVING REGARD TO THE SPECIAL CIRCUMSTANCES OF THESE PROCEEDINGS, IN PARTICULAR, THE IMPENDING MEETING OF THE DISCIPLINARY BOARD, IT IS, NEVERTHELESS, APPROPRIATE, IN THE INTERESTS OF THE PROPER ADMINISTRATION OF JUSTICE, TO SUSPEND THE DISCIPLINARY PROCEEDINGS EVEN BEFORE THE DEFENDANT HAS HAD THE OPPORTUNITY TO LODGE ITS OBSERVATIONS IN THE COURSE OF THESE INTERLOCUTORY PROCEEDINGS . THE OPERATION OF THE DISPUTED DECISION MUST, THEREFORE, BE SUSPENDED, AS A PRECAUTIONARY MEASURE, UNTIL THE ORDER TERMINATING THESE INTERLOCUTORY PROCEEDINGS IS MADE .
Operative part
ON THOSE GROUNDS,
THE PRESIDENT OF THE THIRD CHAMBER OF THE COURT,
AS AN INTERIM MEASURE,
HEREBY ORDERS AS FOLLOWS :
1 . THE OPERATION OF THE DECISION OF THE PRESIDENT OF THE EUROPEAN PARLIAMENT OF 30 SEPTEMBER 1982, BY WHICH HE INSTITUTED DISCIPLINARY PROCEEDINGS AGAINST THE APPLICANT, IS SUSPENDED, AS A PROVISIONAL MEASURE, UNTIL SUCH TIME AS THE ORDER TERMINATING THESE INTERLOCUTORY PROCEEDINGS IS MADE .
2.THE INTERLOCUTORY PROCEEDINGS SHALL BE CONTINUED . THE EUROPEAN PARLIAMENT SHALL LODGE ITS WRITTEN OBSERVATIONS BY TUESDAY 30 NOVEMBER AT THE LATEST .