61975O0054

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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 COTE D'EICH, DEFENDANT,

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 .

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 .

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 .