CAPACITY TO BRING PROCEEDINGS .
25 IT FOLLOWS THAT THE RIGHT OF ACTION GIVEN BY THE FIRST PARAGRAPH OF ARTICLE 38 IS AVAILABLE TO EACH OF THE MEMBER STATES INDIVIDUALLY AND THE ADMISSIBILITY OF AN ACTION BROUGHT PURSUANT TO THAT ARTICLE CANNOT DEPEND ON THE PARTICIPATION OF OTHER MEMBER STATES OR THE COMMISSION IN THE PROCEEDINGS BEFORE THE COURT .
26 ANY FAILURE OF THE MEMBER STATES AS A WHOLE TO USE THEIR POWERS CANNOT THEREFORE EXCLUDE THE ADMISSIBILITY OF AN ACTION CLAIMING THAT THE PARLIAMENT HAS USURPED THOSE POWERS . MOREOVER WHERE QUESTIONS CONCERNING THE INSTITUTIONAL STRUCTURE OF THE COMMUNITY ARE INVOLVED THE ADMISSIBILITY OF AN ACTION BY A MEMBER STATE CANNOT DEPEND ON ANY PRIOR OMISSIONS OR ERRORS ON THE PART OF THE GOVERNMENTS OF THE MEMBER STATES .
27 THAT OBJECTION MUST THEREFORE ALSO BE DISMISSED .
3 . THE LEGAL NATURE OF THE CONTESTED RESOLUTION
28 ACCORDING TO THE PARLIAMENT THE CONTESTED RESOLUTION IS NOT AN ACT WITHIN THE MEANING OF ARTICLE 38 OF THE ECSC TREATY BECAUSE IT CONCERNS ONLY ITS INTERNAL ORGANIZATION AND THAT OF ITS DEPARTMENTS AND THEREFORE HAS NO LEGAL EFFECT . IT IS ALLEGED TO BE A MEASURE ARISING FROM THE PARLIAMENT ' S POWER TO DETERMINE ITS OWN INTERNAL ORGANIZATION , WHICH MOREOVER KEEPS COMPLETELY WITHIN THE LIMITS OUTLINED BY THE DECISIONS OF THE GOVERNMENTS OF THE MEMBER STATES .
29 IN THE VIEW OF THE LUXEMBOURG GOVERNMENT THE PARLIAMENT INTENDED BY THE CONTESTED RESOLUTION TO SUBSTITUTE ITS OWN ACTION FOR THAT OF THE GOVERNMENTS OF THE MEMBER STATES IN RELATION TO THE SEAT . IT MOREOVER DENIES THAT MEASURES RELATING TO INTERNAL ORGANIZATION THEREBY ESCAPE REVIEW BY THE COURT .
30 IN THAT RESPECT IT MUST BE OBSERVED THAT A DETERMINATION OF THE LEGAL EFFECT OF THE CONTESTED RESOLUTION IS INSEPARABLY ASSOCIATED WITH CONSIDERATION OF ITS CONTENT AND OBSERVANCE OF THE RULES ON COMPETENCE . IT IS THEREFORE NECESSARY TO PROCEED TO CONSIDERATION OF THE SUBSTANCE OF THE CASE .
SUBSTANCE
31 IN SUPPORT OF ITS ACTION THE LUXEMBOURG GOVERNMENT PUTS FORWARD , IN ACCORDANCE WITH ARTICLE 38 OF THE ECSC TREATY , TWO SUBMISSIONS BASED ON LACK OF COMPETENCE AND INFRINGEMENT OF ESSENTIAL PROCEDURAL REQUIREMENTS .
1 . LACK OF COMPETENCE
32 THE LUXEMBOURG GOVERNMENT OBSERVES IN THE FIRST PLACE THAT THE PARLIAMENT HAS NO POWER TO TAKE DECISIONS IN RELATION TO THE SEAT OF THE INSTITUTION SINCE THAT MATTER IS RESERVED TO THE MEMBER STATES . BY REASON BOTH OF ITS TITLE AND OF ITS CONTENT THE CONTESTED RESOLUTION RELATES TO THE SEAT OF THE PARLIAMENT , A MATTER WHICH LIES COMPLETELY OUTSIDE THE POWERS OF THE PARLIAMENT INDEPENDENTLY OF THE EXISTENCE AND CONTENT OF DECISIONS OF THE MEMBER STATES IN THE MATTER . MOREOVER THE CONTESTED RESOLUTION INFRINGES THE DECISIONS ADOPTED BY THE GOVERNMENTS , IN EXERCISE OF THE POWERS RESERVED TO THEM , IN RELATION TO THE PROVISIONAL PLACES OF WORK OF THE INSTITUTIONS . IN ABANDONING THE ESTABLISHED PRACTICE OF HOLDING PART-SESSIONS IN LUXEMBOURG