DOES NOT AFFECT THE RIGHT INHERENT IN THE EUROPEAN PARLIAMENT TO DISCUSS ANY QUESTION CONCERNING THE COMMUNITIES , TO ADOPT RESOLUTIONS ON SUCH QUESTIONS AND TO INVITE THE GOVERNMENTS TO ACT .
THE PARLIAMENT CANNOT BE CONSIDERED TO HAVE EXCEEDED ITS POWERS SOLELY BECAUSE IT HAS ADOPTED A RESOLUTION ' ' ON THE SEAT OF THE INSTITUTIONS OF THE EUROPEAN COMMUNITY AND IN PARTICULAR OF THE EUROPEAN PARLIAMENT ' ' , DEALING WITH THE QUESTION OF ITS PLACE OF WORK .
6.ARTICLE 1 OF THE DECISION ON THE PROVISIONAL LOCATION OF CERTAIN INSTITUTIONS AND DEPARTMENTS OF THE COMMUNITIES AND THE DECLARATIONS ADOPTED BY THE MINISTERS FOR FOREIGN AFFAIRS ON THE ENTRY INTO FORCE OF THE TREATIES CLEARLY SHOWED THE INTENTION OF THE GOVERNMENTS OF THE MEMBER STATES THAT THE ' ' ASSEMBLY WILL MEET IN STRASBOURG ' ' .
THE PRACTICE SUBSEQUENTLY ADOPTED BY THE PARLIAMENT OF ITS OWN MOTION , WITHOUT THE EXPRESS OR IMPLIED APPROVAL OF THE MEMBER STATES , OF HOLDING UP TO HALF ITS PLENARY SESSIONS IN LUXEMBOURG CANNOT BE REGARDED AS HAVING CREATED A CUSTOM SUPPLEMENTING THE DECISIONS OF THE MEMBER STATES IN THE MATTER AND REQUIRING THE PARLIAMENT TO HOLD SOME OF ITS PLENARY SESSIONS IN LUXEMBOURG .
THE DECLARATION MADE BY THE GOVERNMENTS OF THE MEMBER STATES AT THE END OF THE CONFERENCE ON THE SEAT OF THE INSTITUTIONS WHICH WAS HELD IN 1981 TO THE EFFECT THAT THE STATUS QUO SHOULD BE MAINTAINED CAN BE UNDERSTOOD ONLY AS AN EXPRESSION OF THE INTENTION NOT TO CHANGE THE PREVIOUS LEGAL POSITION AND THEREFORE DOES NOT PREVENT THE PARLIAMENT FROM ABANDONING A PRACTICE WHICH IT HAD BEGUN OF ITS OWN MOTION .
7.IN THE ABSENCE OF A SEAT OR EVEN A SINGLE PLACE OF WORK , 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 .
NEVERTHELESS ANY DECISION TO TRANSFER THE GENERAL SECRETARIAT OF THE PARLIAMENT OR THE OTHER DEPARTMENTS , WHOLLY OR PARTIALLY , DE JURE OR DE FACTO , WOULD CONSTITUTE A BREACH OF ARTICLE 4 OF THE DECISION ON THE PROVISIONAL LOCATION OF CERTAIN INSTITUTIONS AND DEPARTMENTS OF THE COMMUNITIES 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 SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES .
Parties
IN CASE 230/81
GRAND DUCHY OF LUXEMBOURG , REPRESENTED BY ITS AGENT , JOSEPH WEILAND , DIRECTOR OF INTERNATIONAL ECONOMIC RELATIONS AT THE MINISTRY OF FOREIGN AFFAIRS , ASSISTED BY ANDRE ELVINGER OF THE LUXEMBOURG BAR , JEAN BOULOIS , PROFESSOR AT THE UNIVERSITY OF LAW , ECONOMICS AND SOCIAL SCIENCES , PARIS , AND FRANCIS JACOBS OF THE MIDDLE TEMPLE , BARRISTER , WITH AN ADDRESS FOR SERVICE AT THE CHAMBERS OF ANDRE ELVINGER ,