C-54/75
ECLI:EU:C:1975:95
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ORDER OF THE PRESIDENT OF THE SECOND CHAMBER OF THE COURT
OF 2 JULY 1975 <apnote>1</apnote>
Raphael de Dapper and Others v European Parliament
Case 54/75 R
In Case 54/75 R
Raphael de Dapper, Cornelis Volger, Leon Bodson, Officials of the European Parliament, represented by Victor Biel, Advocate at the Luxembourg Bar, with an address for service in Luxembourg at the Chambers of the said Victor Biel, 18 A, rue des Glacis
applicants,
v
European Parliament, represented by Alex Bonn, Advocate at the Luxembourg Bar, with an address for service in Luxembourg at the Chambers of the said Alex Bonn, 22 Côte d'Eich,
defendant,
The President of the Second Chamber
makes the following
ORDER
Facts
The facts which form the basis of the On 18 March 1975 elections were held main action and the procedure may be for the Staff Committee of the European summarized as follows: Parliament. By communication of 19
1 — Language of the Case: French.
ORDER OF 2. 7. 1975 — CASE 54/75 R
March 1975, the Scrutineers' Committee in particular that the result of the of this institution announced the results elections of 18 March 1975 is null and of the elections, subject to any void'. complaints which might be lodged. By application joined to the application By letter of 4 April 1975, ten officials of originating the proceedings, the the European Parliament (including the applicants requested the Court, under three applicants) lodged a complaint with Article 91 (4) of the Staff Regulations of the scrutineers that, first, the elections Officials, to order the Parliament not to had been organized illegally and recognize the legal existence of the Staff secondly, that the election procedure had Committee until a decision had been reached on the substance of the case. been carried out irregularly. They claimed that the elections of 18 March 1975 should be set aside. Moreover they requested that the voting papers in the custody of the Chairman of At its meeting on 22 April 1975, the the Scrutineers' Committee be deposited Scrutineers' Committee decided at the Court Registry for any necessary unanimously that the elections were valid scrutiny and for checking during the and confirmed the results. proceedings. By letter of 5 May 1975, the ten officials lodged a complaint under Article 90 of In a document lodged at the Court the Staff Regulations of Officials with the Registry on 26 June 1975, the European Parliament concludes that it leaves it to President of the European Parliament. the discretion of the Court to decide By application lodged at the Court whether the request is admissible and Registry on 16 June 1975, the three well-founded. applicants requested the Court to order the Parliament to examine 'the legality The parties delivered oral argument on and regularity of the procedures with all the interlocutory application at the the consequences arising therefrom, and hearing on 2 July 1975.
Law
1 The ground adduced by the applicants to show that their requests are urgent is the 'concern to remove as quickly as possible the innumerable difficulties for all the parties involved which would inevitably arise in implementing all the proceedings in which the Staff Committee is called upon to act under the Staff Regulations'.
2 The Parliament maintains that suspending all the duties of the Staff Committee whilst awaiting a decision on the substance of the case would interfere seriously with the efficiency of the institution.
3 If the applicants succeed in proving the substance of their case the nullity of the elections of 18 March 1975 will not necessarily involve the nullity of the proceedings in which the Staff Committee is called upon to act under the Staff Regulations.
DE DAPPER v PARLIAMENT
4 On the other hand, if the applicants do not succeed in proving the substance of their case the interference with the efficiency of the institution caused by the lack of a Staff Committee in the meantime could never be redressed.
5 To suspend the Staff Committee from its duties whilst awaiting a decision on the substance of the case would deprive officials, in the interval, of all representation in the institution.
6 The request to suspend the Staff Committee of the European Parliament must be dismissed.
7 As regards the voting papers, however, an order must be made to deposit them at the Court Registry.
8 It is appropriate, at this stage, to reserve costs.
On those grounds,
The President of the Second Chamber,
as an interim ruling:
1. Dismisses the application for the suspension of the Staff Committee of the European Parliament;
2. Orders the voting papers in the election of the Staff Committee of the European Parliament of 18 March 1975 to be deposited at the Court Registry;
3. Reserves costs.
Luxembourg, 2 July 1975.
A. Van Houtte A. Mackenzie Stuart
Registrar President of the Second Chamber