EuGH · C-293/82

Parties Subject of the case Grounds Operative part Parties IN CASE 293/82 R HENRI DE COMPTE , AN ACCOUNTING OFFICER OF THE EUROPEAN PARLIAMENT , RESIDING IN LUXEMBOURG , AT 10 AVENUE GUILLAUME , REPRESENTED BY GASTON VOGEL , OF THE LUXEMBOURG BAR , APPLICANT , V EUROPEAN PARLIAMENT , REPRESENTED BY ITS PRESIDENT , LUXEMBOURG , DEFENDANT , Subject of the case APPLICATION FOR THE SUSPENSION OF THE OPERATION OF THE DECISION OF THE PRESIDENT OF THE EUROPEAN PARLIAMENT OF 30 SEPTEMBER 1982 , BY WHICH DISCIPLINARY PROCEEDINGS WERE INSTITUTED AGAINST THE APPLICANT , Grounds 1 . BY A LETTER OF 30 SEPTEMBER 1982 , ADDRESSED TO THE CHAIRMAN OF THE DISCIPLINARY BOARD , THE PRESIDENT OF THE EUROPEAN PARLIAMENT , AS THE APPOINTING AUTHORITY , INFORMED THE CHAIRMAN OF HIS DECISION TO INSTITUTE DISCIPLINARY PROCEEDINGS , PURSUANT TO THE SECOND PARAGRAPH OF ARTICLE 87 OF THE STAFF REGULATIONS AND TO ARTICLE 71 OF THE FINANCIAL REGULATION , AGAINST THE APPLICANT , THE FORMER HEAD AND ACCOUNTING OFFICER OF THE TREASURY AND ACCOUNTS DIVISION OF THE EUROPEAN PARLIAMENT ; AT THE SAME TIME HE NOTIFIED THE CHAIRMAN OF THE BOARD OF THE CHARGES MADE AGAINST THE APPLICANT . 2 . THE CHARGES ALLEGE VARIOUS BREACHES OF THE OBLIGATIONS INCUMBENT ON THE APPLICANT UNDER THE STAFF REGULATIONS AND THE FINANCIAL REGULATION IN THE PERFORMANCE OF HIS OFFICIAL DUTIES , MORE SPECIFICALLY OF ARTICLE 21 OF THE STAFF REGULATIONS IN REPEATEDLY EXCEEDING HIS AUTHORITY , OF BREACH OF THE PRINCIPLE OF THE SOUND FINANCIAL MANAGEMENT OF HIS DEPARTMENT , WHICH , IN PARTICULAR , LED TO BREACHES OF THE OBLIGATIONS INCUMBENT ON HIM IN THE PURSUANCE OF HIS SPECIFIC DUTY AS ACCOUNTING OFFICER ( ARTICLE 21 OF THE STAFF REGULATIONS AND ARTICLE 70 OF THE FINANCIAL REGULATION ) AND , FURTHER , BY PUBLIC EXPRESSION OF OPINIONS REFLECTING ON HIS POSITION ( FIRST PARAGRAPH OF ARTICLE 12 OF THE STAFF REGULATIONS ). 3 . BY APPLICATION LODGED AT THE COURT REGISTRY ON 16 NOVEMBER 1982 , THE APPLICANT ASKED THE COURT TO SET ASIDE THE ABOVE-MENTIONED DECISION OF THE PRESIDENT OF THE EUROPEAN PARLIAMENT , ALLEGING THAT THE DISCIPLINARY PROCEEDINGS HAD BEEN INITIATED IN BREACH OF THE LATTER PART OF ARTICLE 87 OF THE STAFF REGULATIONS , INASMUCH AS THE APPLICANT HAD NOT BEEN GIVEN A HEARING PRIOR TO THE INSTITUTION OF THE PROCEEDINGS . 4 . BY SEPARATE DOCUMENT , REGISTERED AT THE COURT ON THE SAME DAY , THE APPLICANT SUBMITTED AN APPLICATION , UNDER ARTICLE 185 OF THE EEC TREATY AND ARTICLE 83 ( 1 ) OF THE RULES OF PROCEDURE , TO SUSPEND THE DISCIPLINARY PROCEEDINGS , PENDING THE DECISION OF THE COURT . IN SUPPORT OF THIS APPLICATION , THE APPLICANT POINTED OUT THE URGENCY OF THE MATTER IN VIEW OF THE FACT THAT THE NEXT MEETING OF THE DISCIPLINARY BOARD WAS SET FOR 26 NOVEMBER 1982 . 5 . IT MAY BE SEEN FROM THE FILE ON THE CASE THAT , IN HIS LETTER OF 10 NOVEMBER 1982 , THE CHAIRMAN OF THE DISCIPLINARY BOARD OF THE EUROPEAN PARLIAMENT CALLED UPON THE APPLICANT TO PREPARE HIS DEFENCE UNDER ARTICLE 4 OF ANNEX IX TO THE STAFF REGULATIONS , ON DISCIPLINARY PROCEEDINGS , BEFORE 26 NOVEMBER 1982 , THE DATE ON WHICH THE NEXT MEETING OF THE BOARD WAS DUE TO BE HELD . 6 . UNDER ARTICLE 84 ( 2 ) OF THE RULES OF PROCEDURE , THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES IS TO BE SERVED ON THE OTHER PARTY AND THE PRESIDENT IS TO PRESCRIBE A PERIOD WITHIN WHICH THE OTHER PARTY MAY SUBMIT HIS OBSERVATIONS . THE PRESIDENT MAY , IN ANY CASE , GRANT THE APPLICATION , EVEN BEFORE THE OPPOSITE PARTY HAS LODGED HIS OBSERVATIONS . THAT DECISION MAY SUBSEQUENTLY BE VARIED OR CANCELLED , EVEN IF NO APPLICATION HAS BEEN MADE BY ANY PARTY . 7 . IN THIS CASE , IT IS DESIRABLE TO DECIDE ON THE APPLICATION AFTER THE WRITTEN OBSERVATIONS OF THE DEFENDANT HAVE BEEN SUPPLIED . HAVING REGARD TO THE SPECIAL CIRCUMSTANCES OF THESE PROCEEDINGS , IN PARTICULAR , THE IMPENDING MEETING OF THE DISCIPLINARY BOARD , IT IS , NEVERTHELESS , APPROPRIATE , IN THE INTERESTS OF THE PROPER ADMINISTRATION OF JUSTICE , TO SUSPEND THE DISCIPLINARY PROCEEDINGS EVEN BEFORE THE DEFENDANT HAS HAD THE OPPORTUNITY TO LODGE ITS OBSERVATIONS IN THE COURSE OF THESE INTERLOCUTORY PROCEEDINGS . THE OPERATION OF THE DISPUTED DECISION MUST , THEREFORE , BE SUSPENDED , AS A PRECAUTIONARY MEASURE , UNTIL THE ORDER TERMINATING THESE INTERLOCUTORY PROCEEDINGS IS MADE . Operative part ON THOSE GROUNDS , THE PRESIDENT OF THE THIRD CHAMBER OF THE COURT , AS AN INTERIM MEASURE , HEREBY ORDERS AS FOLLOWS : 1 . THE OPERATION OF THE DECISION OF THE PRESIDENT OF THE EUROPEAN PARLIAMENT OF 30 SEPTEMBER 1982 , BY WHICH HE INSTITUTED DISCIPLINARY PROCEEDINGS AGAINST THE APPLICANT , IS SUSPENDED , AS A PROVISIONAL MEASURE , UNTIL SUCH TIME AS THE ORDER TERMINATING THESE INTERLOCUTORY PROCEEDINGS IS MADE . 2.THE INTERLOCUTORY PROCEEDINGS SHALL BE CONTINUED . THE EUROPEAN PARLIAMENT SHALL LODGE ITS WRITTEN OBSERVATIONS BY TUESDAY 30 NOVEMBER AT THE LATEST .