Order of the President of the Third Chamber of the Court of 22 November 1982. - Henri de Compte v European Parliament. - Case 293/82 R.



European Court reports 1982 Page 04001



Summary

Parties

Subject of the case

Grounds

Operative part



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS FOR GRANTING - DECISION TO INSTITUTE DISCIPLINARY PROCEEDINGS AGAINST AN OFFICIAL - SUSPENSION OF OPERATION GRANTED AS A PROVISIONAL MEASURE , BEFORE SUBMISSION OF THE OBSERVATIONS OF THE DEFENDANT INSTITUTION - CONDITIONS

( RULES OF PROCEDURE , SECOND SUBPARAGRAPH OF ART . 84 ( 2 ))

Summary

WHEN , IN THE COURSE OF AN ACTION FOR ANNULMENT BROUGHT AGAINST THE APPOINTING AUTHORITY ' S DECISION TO INSTITUTE DISCIPLINARY PROCEEDINGS AGAINST AN OFFICIAL OF THE COMMUNITIES , THE LATTER LODGES AN APPLICATION FOR THE SUSPENSION OF THE OPERATION OF THAT DECISION , IT IS APPROPRIATE IN THE INTERESTS OF THE PROPER ADMINISTRATION OF JUSTICE , IN PARTICULAR REGARD BEING HAD TO THE IMPENDING MEETING OF THE DISCIPLINARY BOARD , TO SUSPEND THE OPERATION OF THE DISPUTED DECISION , AS A PROVISIONAL MEASURE , EVEN BEFORE THE DEFENDANT INSTITUTION HAS HAD THE OPPORTUNITY TO LODGE ITS OBSERVATIONS , UNTIL THE ORDER TERMINATING THE INTERLOCUTORY PROCEEDINGS IS MADE .

IN ADDITION , AS IT IS DESIRABLE TO DECIDE ON THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES AFTER THE WRITTEN OBSERVATIONS OF THE DEFENDANT ARE KNOWN , THE INTERLOCUTORY PROCEEDINGS SHOULD BE CONTINUED AND AS PERIOD PRESCRIBED , WITHIN WHICH THE INSTITUTION MUST LODGE ITS WRITTEN OBSERVATIONS .

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 .