THE COMPETENT ORGANS OF THE PARLIAMENT ' ' WOULD CONSIDER THE ACTION TO BE TAKEN ON THIS TEXT WITH SPECIFIC REFERENCE TO THE JUDGMENT OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES IN CASE 230/81 ' ' , THE FACT REMAINS THAT THE PARLIAMENT , BY ADOPTING THE RESOLUTION , ON THE ONE HAND , ASSERTED ITS AUTHORITY TO TAKE THE MEASURES AT ISSUE AND , ON THE OTHER , INTENDED TO GIVE EFFECT TO ITS WISH TO DIVIDE UP ITS SERVICES AND ITS STAFF BETWEEN PLACES OTHER THAN LUXEMBOURG . IN THOSE CIRCUMSTANCES , THE COMPATIBILITY OF THE RESOLUTION WITH THE DECISION OF THE MEMBER STATES OF 8 APRIL 1965 MUST BE JUDGED ON ITS OWN MERITS .
29 IN THE SECOND PLACE , IT SHOULD BE BORNE IN MIND THAT ARTICLE 4 OF THE DECISION OF 8 APRIL 1965 ON THE PROVISIONAL LOCATION OF CERTAIN INSTITUTIONS AND DEPARTMENTS OF THE COMMUNITIES ( JOURNAL OFFICIEL NO 152 , 13 . 7 . 1967 , P . 18 ) PROVIDES THAT ' ' THE GENERAL SECRETARIAT OF THE ASSEMBLY AND ITS DEPARTMENTS SHALL REMAIN IN LUXEMBOURG ' ' . IT MUST ALSO BE EMPHASIZED THAT THE COURT , IN THE JUDGMENT CITED ABOVE , STATED THAT THE PARLIAMENT ' ' MUST BE IN A POSITION TO MAINTAIN IN THE VARIOUS PLACES OF WORK OUTSIDE THE PLACE WHERE ITS SECRETARIAT IS ESTABLISHED THE INFRASTRUCTURE ESSENTIAL FOR ENSURING THAT IT MAY FULFIL IN ALL THOSE PLACES THE TASKS WHICH ARE ENTRUSTED TO IT BY THE TREATIES ' ' .
30 THE COURT ADDED HOWEVER THAT THE TRANSFERS OF STAFF MUST NOT EXCEED THE LIMITS MENTIONED , SINCE ANY DECISION TO TRANSFER THE GENERAL SECRETARIAT OF THE PARLIAMENT OR OTHER DEPARTMENTS , WHOLLY OR PARTIALLY , DE JURE OR DE FACTO , WOULD CONSTITUTE AN INFRINGEMENT OF ARTICLE 4 OF THE DECISION OF 8 APRIL 1965 AND OF THE ASSURANCES WHICH THAT DECISION WAS INTENDED TO GIVE TO THE GRAND DUCHY OF LUXEMBOURG PURSUANT TO ARTICLE 37 OF THE TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES .
31 CONSIDERATION OF THE CONTENT OF THE RESOLUTION AT ISSUE SHOWS THAT THOSE LIMITS HAVE NOT BEEN RESPECTED . THE RESOLUTION EXPRESSLY PROVIDES FOR THE DIVISION OF THE STAFF OF THE GENERAL SECRETARIAT BETWEEN STRASBOURG AND BRUSSELS AND FOR ITS PERMANENT ESTABLISHMENT IN THOSE PLACES . IN ITS LAST RECITAL IT REFERS TO LUXEMBOURG AS BEING ' ' DEDICATED TO REMAINING THE SEAT OF THE JUDICIAL AND FINANCIAL INSTITUTIONS ' ' . THE SECRETARIAT WOULD THEREFORE NO LONGER BE BASED IN LUXEMBOURG .
32 IT MUST BE CONCLUDED THEREFORE THAT THE PARLIAMENT HAS EXCEEDED THE LIMITS OF ITS POWERS AND THAT , CONSEQUENTLY , THE RESOLUTION AT ISSUE MUST BE DECLARED VOID .
Decision on costs
COSTS
33 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS .
34 SINCE THE PARLIAMENT HAS BEEN UNSUCCESSFUL