AND THE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURES APPLIED FOR .
10 IN THE CIRCUMSTANCES THE URGENCY CANNOT BE DENIED SINCE THE APPLICANT HAS BEEN CALLED UPON TO APPEAR BEFORE THE DISCIPLINARY BOARD SHORTLY AND IT IS IN HIS INTEREST TO CLARIFY HIS LEGAL POSITION BEFORE THAT DATE .
11 IT IS THEREFORE NECESSARY TO EXAMINE WHETHER , PRIMA FACIE , THE APPLICATION FOR SUSPENSION OF THE DISCIPLINARY PROCEEDINGS APPEARS TO BE JUSTIFIED .
12 THE APPLICANT STATES , ON THE ONE HAND , THAT THE RIGHTS OF THE DEFENCE HAVE BEEN UNLAWFULLY OBSTRUCTED IN SO FAR AS THE PARLIAMENT HAS FORBIDDEN HIM ACCESS TO THE ACCOUNTS DIVISION AND HAS INITIATED DISCIPLINARY PROCEEDINGS BEFORE THE RESULTS OF THE ADMINISTRATIVE INQUIRY ARE KNOWN AND , ON THE OTHER HAND , THAT THE DISCIPLINARY PROCEEDINGS HAVE NO LEGAL BASIS SINCE THEY ARE BASED ON A REGULATION WHICH , HAVING BEEN REPEALED , IS NON-EXISTENT .
13 IN THAT REGARD IT IS TO BE NOTED THAT THE APPLICANT WILL BE ABLE TO PUT HIS DEFENCE TO THE DISCIPLINARY BOARD AND THAT , AT THIS STAGE , IT IS FOR THE BOARD TO CONSIDER WHETHER IT IS RELEVANT AND WELL FOUNDED . MOREOVER , AN APPEAL AGAINST ANY DECISION WHICH MAY BE ADOPTED ON COMPLETION OF THE DISCIPLINARY PROCEEDINGS MAY BE MADE TO THIS COURT IN ACCORDANCE WITH THE PROVISIONS OF THE STAFF REGULATIONS .
14 IT THEREFORE APPEARS THAT THE RIGHTS OF THE DEFENCE ARE SAFEGUARDED BECAUSE THE APPLICANT ENJOYS SUFFICIENT LEGAL PROTECTION WITHIN THE FRAMEWORK OF THE DISCIPLINARY PROCEDURE PROVIDED FOR BY THE STAFF REGULATIONS AND THAT THERE IS THEREFORE NO JUSTIFICATION FOR THE INTERIM MEASURE FOR WHICH HE HAS APPLIED .
Operative part
ON THOSE GROUNDS ,
THE PRESIDENT OF THE SECOND CHAMBER , ACTING AS PRESIDENT OF THE COURT PURSUANT TO ARTICLE 96 ( 1 ), THE SECOND PARAGRAPH OF ARTICLE 85 AND THE SECOND PARAGRAPH OF ARTICLE 11 OF THE RULES OF PROCEDURE ,
HEREBY ORDERS AS FOLLOWS :
1 . THE APPLICATION FOR SUSPENSION OF THE DISCIPLINARY PROCEEDINGS INITIATED BY THE EUROPEAN PARLIAMENT AGAINST THE APPLICANT IS DISMISSED ;
2.THE COSTS ARE RESERVED .