Opinion of Mr advocate-general Mayras

Mr President,

Members of the Court,

In the present application directed against the failure of the appointing authority to verify the regularity and the lawfulness of the elections which took place at the European Parliament on 18 March 1975 for the appointment of a new staff committee, the applicant and two of his colleagues request you to annul the elections to that socio-vocational body.

Since the Court has requested the parties to restrict their submissions to questions concerning the jurisdiction of the Court and the admissibility of the application I shall at this stage limit my remarks to those two topics.

I —. The provisions relating to the Court do not contain any clause expressly conferring upon it jurisdiction in disputes arising from elections to such socio-vocational bodies within the Community institutions.

II —. With regard to the periods for lodging applications the three applicants lodged in good time a complaint with the Committee of Tellers which rejected it on 22 April 1975. On 5 May 1975 those same persons submitted to the President of the European Parliament through official channels a complaint against such rejection within the meaning of Article 90 (2) of the Staff Regulations. On 16 June 1975, the applicants lodged this application.

I am thus of the opinion that this Court should declare that it has jurisdiction to decide the present dispute, that the application should be declared admissible and that the costs relating to this stage of the procedure should be borne by the European Parliament.

1 Translated from the French.