Orders nº T-42/98 of Court of First Instance of the European Communities, August 12, 1998

• Resolution Date: August 12, 1998
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-42/98

ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE

12 August 1998 (1) (Application for interim measures - Amicable settlement - Binding nature - Automatic removal from the register - Conditions)

In Case T-42/98 R,

Maria Paola Sabbatucci, an official at the European Parliament, residing in Luxembourg, represented by Alberto Dal Ferro and Andrea Cevese, of the Vicenza Bar, Chambers of Morresi Law Office, 67 Avenue des Nerviens, Brussels,

applicant,

v

European Parliament, represented by Antonio Caiola and Evelyn Waldherr, of its Legal Service, acting as Agents, with an address for service in Luxembourg at the General Secretariat of the European Parliament, Kirchberg,

defendant,

APPLICATION for interim measures under Article 91(4) of the Staff Regulations of Officials of the European Communities and in accordance with Articles 185 and 186 of the EC Treaty,

THE PRESIDENT OF THE COURT OF FIRST INSTANCE

OF THE EUROPEAN COMMUNITIES

makes the following

Order

Legislative background

1.

Article 9 of the Staff Regulations of Officials of the European Communities ('the Staff Regulations‘) provides:

'1. There shall be set up:

(a) within each institution:

- a Staff Committee, which may be organised in sections for the different places of employment;

...

2. The composition and procedure of the bodies shall be determined by each institution in accordance with the provisions of Annex II.

...‘

2.

The second paragraph of Article 1 of Annex II to the Staff Regulations states:

'The conditions for election to the Staff Committee if it is not organised in local sections, or to the local section, if the Staff Committee is organised in local sections, shall be laid down by the general meeting of officials of the institution in service at the relevant place of employment. ...‘

3.

The fourth paragraph of the same article states:

'Membership of the Staff Committee if it is not organised in local sections, or of the local section if the Staff Committee is organised in local sections shall be such as to ensure the representation of all categories of officials and of all services provided for in Article 5 of the Staff Regulations and also of the servants referred to in the first paragraph of Article 7 of the Conditions of employment of other servants of the Communities. The Central Committee of a Staff Committee organised in local sections shall be validly constituted upon appointment of a majority of its members.‘

4.

The fifth paragraph of Rule 17 of the Rules governing representation of the staff of the European Parliament Secretariat ('the Rules governing representation of the Staff‘) provides:

'Seats shall be awarded within each list to the candidates polling the greatest number of individual votes, subject to the following conditions:

(1) the candidates elected shall include two representatives of each category of officials (including the Language Service) and two representatives of the other servants referred to in Rule 5;

(2) the candidates elected shall include a number of members of staff assigned to Brussels established in accordance with the fourth paragraph of Rule 6.

An elected candidate may help to fulfil both of these conditions simultaneously.‘

5.

The second and third sentences of the fourth paragraph of Rule 6 of those Rules state:

'... Acting on a proposal from the outgoing Committee of Tellers, the General Meeting shall confirm the number of seats on the Staff Committee to be reserved for members of staff assigned to Brussels. This number shall represent the proportion of officials and other servants of the Secretariat assigned to Brussels, rounded up to the nearest unit.‘

6.

The number of seats reserved for members of staff assigned to Brussels was fixed at 11 by the General...