JUDGMENT OF 13.7.1972 — CASE 90/71 BERNARDI v PARLIAMENT

In Case 90/71

THE COURT (First Chamber) composed of: J. Mertens de Wilmars, President, A. M. Donner (Rapporteur) and R. Monaco, Judges, Advocate-General: K. Roemer Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Statement of facts and of the course of the procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

1. Illegality in relation to Article 45 of the Staff Regulations of Officials

2. Insufficiency of reasons

3. Misuse of powers

(a) Failure to give advance notice of the contested decision to the Bureau of the European Parliament

(b) Missuse of powers strictly so-called

Grounds of judgment

The submission of infringement of Article 45 of the Staff Regulations

The submission of infringement of Article 25 of the Staff Regulations

The submission of infringement of the decision of the Bureau of the Parliament

The submission of misuse of powers

Costs