Opinion of Mr Advocate General Darmon delivered on 12 April 1989

1 Original language: French

2 More specifically, the meetings concerned were known as policy consultation meetings relating to the consultation procedure introduced by the Council decision of 22 and 23 June 1981.

3 Order of the President of the Third Chamber of 11 June 1985 in Case 146/85 R [1985] ECR 1805.

4 Ibidem; see Article 86(4) of the Rules of Procedure: The order shall have only an interim effect, and shall be without prejudice to the decision of the Court on the substance of the case.

5 Opinion in Case 35/72 Kley, judgment of 27 June 1973 [1973] ECR 679, in particular p. 697

6 Whose view was wholly endorsed by Mr Advocate General Reischl in his Opinion in Case 60/80 Ktndermantt, judgment of 21 May 1981 [1981] ECR 1329.

7 Judgment of 14 July 1976 in Case 129/75 Hirschberg v Commmission [1976] ECR 1259

8 Judgments of 1 July 1964 in Case 26/63 Pistoj v Commission [1964] ECR 341, and in Case 78/63 Huber v Commission [19641 ECR 367, of 10 December 1969 in Case 32/68 Crasei v Commission [19691 ECR 505, of 11 July 1974 in Joined Cases 177/73 and 5/74 Reman v Commission [1974] ECR 819, particularly at p 828, and of 21 October 1986 in Joined Cases 269 and 292/84 Fabbro v Commission [1986] ECR 2983

9 Case 129/75, supra, paragraph 18

10 Judgment of 11 July 1968 in Case 16/67 Labeyrie v Commijjion [1968] ECR 293, paragraph I B.I, point 3 (emphasis added).

11 Case 35/72, supra, paragraphs 4 and 5 (emphasis added), and Case 60/80, supra, paragraph 8.

12 Judgment of 29 September 1976 in Case 54/75 [19761 ECR 1381.

13 At p. 1394, emphasis added.

14 Paragraph 27.

15 Case lb/67, supra, Opinion, p. 449, paragraph I.1, emphasis added.

16 Vedel et Delvolvé: Droit administratif, PUF, 1982, p. 246, emphasis added.

17 Opinion of Mr Advocate General Trabucchi in Case 35/72, supra, at p. 697.

18 Judgment of 21 May 1981 in Case 156/80 Morbilli v Commitiion [1981] ECR 1357, paragraph 14, emphasis added

19 In view of the observations in the defendant's rejoinder, it should be noted that a complete copy of the applicant's statutes has been lodged at the Court Registry In this respect, therefore, the application has been put in order.

20 Judgments of 8 October 1974 in Case 175/73 Union syndicale v Counril [1974] ECR 917, paragraphs 17 and 18, and in Case 18/74 Syndical général du pinonnet v Commiilion (1974) ECR 933, paragraphs 13 and 14.

21 Case 175/73. supra, paragraph 19, and Case 18/74, supra, paragraph 15, emphasis added.

22 Case 175/73. supra, paragraph 19, and Case 18/74, supra, paragraph 15, emphasis added.

23 Case 175/73, supra, paragraph 20, and Case 18/74, supra, paragraph 16, emphasis added.

24 Judgment of 23 April 1986 in Case 294/83 Parti écologiste Les Vertsv European Parliament [1986] ECR 1339.

25 Ibidem, paragraphs 23 and 25.

26 It should be noted that the second paragraph of Article 1 of the Staff Regulations provides that: Save as otherwise provided for, the Economic and Social Committee and the Court of Auditors shall, for the purpose of these Staff Regulations, be treated as institutions of the Community ; moreover, the Council decision of 22 and 23 June 1981 setting up a consultation procedure states that for the purposes of the present provisions, the Court of Auditors and the Economic and Social Committee shall have the standing of institutions.

27 G. Isaac: Les finances communautaires, RTDE No 2, 1980, p. 347.

28 Megret, Waelbroek, Louis, Vignes, Dewost: Le droit de la Communauté économique européenne, Vol. 11, Dispositions financières, p. 84, by A. Sacchettini, who notes the absence of the Court of Auditors from Article 4(1) of the Treaty.

29 OJ L 359, 31.12.1977

30 Ankles 78f of the ECSC Treaty, 206a of the EEC Treaty and 180a of the EAEC Treaty

31 Judgment of 5 June 1980 in Case 108/79 Belfiore v Commission [1980] ECR 1769, paragraph 7, emphasis added.

32 Judgment of 26 November 1981 in Case 195/80 Michel v Parliament [1981] ECR 2861, paragraph 11.

33 Case 195/80, supra, paragraph 28 el seq.

34 Opinion of Mr Advocate General Trabucchi in Case 18/74, supra, especially at p. 955.