61984J0190

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APPLICATION FOR ANNULMENT OF A MEASURE - MEASURES AGAINST WHICH PROCEEDINGS MAY BE BROUGHT - MEASURES ENTERING INTO COMMITMENTS OF EXPENDITURE AND VALIDATING, AUTHORIZING OR IMPLEMENTING THE PAYMENT OF EXPENDITURE - MEASURES HAVING ONLY INTERNAL EFFECTS WITHIN THE ADMINISTRATION AND NOT ADVERSELY AFFECTING ANY PERSON

( EEC TREATY, ART . 173 .)

AN ACTION FOR THE ANNULMENT OF MEASURES ENTERING INTO COMMITMENTS OF EXPENDITURE AND VALIDATING, AUTHORIZING AND IMPLEMENTING THE PAYMENT OF EXPENDITURE IS INADMISSIBLE . SUCH MEASURES HAVE ONLY INTERNAL LEGAL EFFECTS WITHIN THE ADMINISTRATION AND GIVE RISE TO NO RIGHTS OR OBLIGATIONS ON THE PART OF THIRD PARTIES; THEY THEREFORE DO NOT CONSTITUTE DECISIONS ADVERSELY AFFECTING ANY PERSON .

IN CASE 190/84,

PARTI ECOLOGISTE "LES VERTS", A NON-PROFITMAKING ASSOCIATION WHOSE HEADQUARTERS ARE IN PARIS, REPRESENTED BY E . TETE, REPRESENTATIVE FOR LEGAL AFFAIRS, AND C . LALLEMENT, OF THE LYON BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF E . WIRION, 1 PLACE DU THEATRE,

APPLICANT,

V

EUROPEAN PARLIAMENT, REPRESENTED BY F . PASETTI BOMBARDELLA, DIRECTOR GENERAL, ACTING AS AGENT, ASSISTED BY R . BIEBER, HEAD OF DIVISION, J.P . JACQUE, PROFESSOR AT THE UNIVERSITY OF STRASBOURG, AND A . LYON-CAEN, AVOCAT, PARIS,

DEFENDANT,

APPLICATION FOR THE ANNULMENT OF ALL THE DECISIONS IMPLEMENTING ITEM 3708 OF THE 1984 GENERAL BUDGET OF THE EUROPEAN COMMUNITIES,

THE COURT

COMPOSED OF : G . BOSCO, PRESIDENT OF CHAMBER, ACTING AS PRESIDENT, O . DUE AND J . C . MOITINHO DE ALMEIDA ( PRESIDENTS OF CHAMBERS ), T . KOOPMANS, U . EVERLING, K . BAHLMANN, Y . GALMOT, C.N . KAKOURIS, R . JOLIET, T . F . O' HIGGINS AND F.A . SCHOCKWEILER, JUDGES,

ADVOCATE GENERAL : G.F . MANCINI

REGISTRAR : B . PASTOR, ADMINISTRATOR,

HAVING REGARD TO THE REPORT FOR THE HEARING AND FURTHER TO THE HEARING ON 1 OCTOBER 1987,

HAVING HEARD THE OPINION OF THE ADVOCATE GENERAL DELIVERED AT THE SITTING ON 27 JANUARY 1988,

GIVES THE FOLLOWING

JUDGMENT

BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 18 JULY 1984 THE PARTI ECOLOGISTE "LES VERTS", A NON-PROFITMAKING ASSOCIATION, BROUGHT AN ACTION PURSUANT TO THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY

LYA/DE/MA

FOR THE ANNULMENT OF "ALL THE DECISIONS IMPLEMENTING THE 1984 BUDGET OF THE EUROPEAN ECONOMIC COMMUNITY IN RESPECT OF ITEM 3708 ".

ACCORDING TO THE APPLICATION, THE ACTION CONCERNS IN PARTICULAR "THE DECISIONS OF THE AUTHORIZING OFFICER TO ENTER INTO COMMITMENTS OF EXPENDITURE AND ORDER PAYMENTS, THE DECISIONS OF THE ACCOUNTING OFFICER EFFECTING PAYMENT, THE DECISIONS PROPOSING THE COMMITMENT OF EXPENDITURE ADOPTED UNDER ARTICLES 32 ET SEQ . OF THE FINANCIAL REGULATION, THE DECISIONS OF THE FINANCIAL CONTROLLER WHICH HAD THE EFFECT OF GIVING HIS APPROVAL TO THE COMMITMENT PROPOSALS, THE DECISIONS OF THE AUTHORIZING OFFICER VALIDATING THE EXPENDITURE UNDER ARTICLES 36 ET SEQ . OF THE FINANCIAL REGULATION, THE DECISIONS OF THE AUTHORIZING OFFICER AUTHORIZING THE EXPENDITURE UNDER ARTICLES 39 ET SEQ . OF THE FINANCIAL REGULATION AND THE DECISIONS OF THE ACCOUNTING OFFICER IMPLEMENTING THE PAYMENT OF EXPENDITURE UNDER ARTICLES 46 ET SEQ . OF THE FINANCIAL REGULATION ".

REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR AN ACCOUNT OF THE FACTS, THE COURSE OF THE PROCEDURE AND THE SUBMISSIONS AND ARGUMENTS OF THE PARTIES, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .

IN SUPPORT OF THE ADMISSIBILITY OF ITS ACTION THE APPLICANT ASSOCIATION ARGUES IN PARTICULAR THAT ALTHOUGH IN ITS ORDERS OF 26 SEPTEMBER 1984 ( IN CASES 216/83, 295/83, 296/83 AND 297/83, (( 1984 ))

ECR 3325, 3331, 3335 AND 3339 RESPECTIVELY ), THE COURT DECLARED INADMISSIBLE THE ACTIONS BROUGHT BY THE ASSOCIATION FOR THE ANNULMENT OF THE MEASURES PREPARATORY TO THE APPROVAL OF THE 1984 BUDGET, IT RECOGNIZED THAT A NATURAL OR LEGAL PERSON MAY BE DIRECTLY CONCERNED BY MEASURES IMPLEMENTING THE BUDGET .

THE EUROPEAN PARLIAMENT DOES NOT DENY THAT AN ACTION FOR ANNULMENT CAN BE BROUGHT AGAINST FINANCIAL IMPLEMENTING MEASURES, BUT SUBMITS THAT THIS ACTION MUST BE DECLARED INADMISSIBLE BECAUSE THE CONTESTED MEASURES ARE THE RESULT OF INDIVIDUAL DECISIONS CALCULATING THE SHARE OF THE APPROPRIATIONS TO BE ALLOCATED TO EACH POLITICAL GROUPING, DECISIONS WHICH ARE NOW FINAL AND IRREVOCABLE SINCE THEY WERE NOT CHALLENGED BEFORE THE COURT AND INDEED COULD NOT HAVE BEEN IN SO FAR AS THEY WERE ADDRESSED TO POLICITAL GROUPINGS OTHER THAN THE APPLICANT .

IN ITS JUDGMENT OF 23 APRIL 1986 ( CASE 294/83, PARTI ECOLOGISTE 'LES VERTS" V EUROPEAN PARLIAMENT, (( 1986 )) ECR 1339 ), THE COURT ANNULLED THE DECISION OF THE BUREAU OF 12 OCTOBER 1982 CONCERNING THE ALLOCATION OF THE APPROPRIATIONS ENTERED UNDER ITEM 3708 AND THE RULES ADOPTED BY THE ENLARGED BUREAU ON 29 OCTOBER 1983 GOVERNING THE USE OF THE APPROPRIATIONS FOR REIMBURSEMENT OF EXPENDITURE INCURRED BY THE POLITICAL GROUPINGS HAVING TAKEN PART IN THE 1984 EUROPEAN ELECTIONS ( OFFICIAL JOURNAL 1983 NO . C 293, P . 1 ).

THIS ACTION IS BROUGHT AGAINST MEASURES ENTERING INTO COMMITMENTS OF EXPENDITURE AND VALIDATING, AUTHORIZING AND IMPLEMENTING THE PAYMENT OF EXPENDITURE PURSUANT TO THE ABOVE-MENTIONED DECISIONS OF THE BUREAU AND THE ENLARGED BUREAU AND TO THE CALCULATION UNDER THOSE DECISIONS OF THE SHARE OF THE APPROPRIATIONS TO BE ALLOCATED TO THE DIFFERENT POLITICAL GROUPINGS .

SUCH MEASURES HAVE ONLY INTERNAL LEGAL EFFECTS WITHIN THE ADMINISTRATION, AND GIVE RISE TO NO RIGHTS OR OBLIGATIONS ON THE PART OF THIRD PARTIES . THEY THEREFORE DO NOT CONSTITUTE DECISIONS ADVERSELY AFFECTING ANY PERSON . CONSEQUENTLY, THE ACTION MUST BE DISMISSED AS INADMISSIBLE .

COSTS

UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE APPLICANT ASSOCIATION HAS FAILED IN ITS ACTION, IT MUST BE ORDERED TO PAY THE COSTS .

ON THOSE GROUNDS,

THE COURT

HEREBY :

1 . DISMISSES THE APPLICATION AS INADMISSIBLE;

2 . ORDERS THE APPLICANT ASSOCIATION TO BEAR ITS OWN COSTS .