Keywords
Summary

Keywords

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1 . Procedure - Objection of lis pendens - Same parties, subject-matter and submissions in two actions - Inadmissibility of the second action

2 . Application for annulment of a measure - Submissions - Infringement of essential procedural requirements - Infringement by the Parliament of its Rules of Procedure - Recourse to the urgent procedure for the adoption of a resolution - No judicial review

3 . Parliament - Venue of plenary sittings - Decision by the governments of the Member States designating Strasbourg - The Parliament' s power of internal organization - Decision to hold plenary sittings in Brussels - Lawfulness - Conditions

( ECSC Treaty, Arts 25 and 77; EEC Treaty, Arts 5, 142 and 216; EAEC Treaty, Arts 112 and 189 )

Summary

1 . Where in two actions brought in succession the parties, subject-matter and submissions are the same, the second action must be dismissed as inadmissible .

2 . The submission that the adoption of a resolution of the Parliament in accordance with the urgent procedure infringes essential procedural requirements must be rejected . The Parliament' s decision to hold, in plenary, a topical and urgent debate on a motion for a resolution on a given subject relates to the internal organization of its work and cannot, therefore, be the subject of judicial review .

3 . In the exercise of the powers which they have under Article 77 of the ECSC Treaty, Article 216 of the EEC Treaty and Article 189 of the EAEC Treaty in relation to establishing the seat of the institutions the governments of the Member States have adopted decisions relating to the provisional working places of the institutions . The decisions designating Strasbourg as the provisional meeting place for plenary sittings of the Parliament must be interpreted in the light of the rule imposing reciprocal obligations of bona fide cooperation on the Member States and the Community institutions, as embodied in particular in Article 5 of the EEC Treaty . As regards the working conditions of the Parliament, that rule is of particular importance in a situation where the governments of the Member States have not yet fulfilled their obligation to establish the seat of the institutions or even decided on a single provisional working place for the Parliament . They do not prevent the Parliament, in exercising the power conferred on it by Articles 25, 142 and 112 of the aforementioned Treaties to determine its own internal organization, from deciding to hold a plenary sitting away from Strasbourg, when such a decision remains exceptional in nature, thus respecting the position of that city as the normal meeting place, and is justified by objective reasons connected with the proper functioning of the Parliament .

A resolution of the Parliament expressing the intention to organize in Brussels special or additional part-sessions during weeks devoted largely to meetings of Parliamentary committees or political groups thus remains within those limits .