Opinion of Mr Advocate General Lenz delivered on 25 April 1991

1 Original language: German.

2 See the judgment in Case 230/81 Luxembourg v Parliament [1983] ECR 255; set also the judgment in Case 108/83 Luxembourg v Parliament [1984] ECR 1945 and the judgment in Joined Cases 358/85 and 51/86 France v Parliament [1988] ECR 4821.

3 OJ 1990 C 113, pp. 20, 21 and 138.

4 On measures open to challenge under Articles 31 and 38 of the ECSC Treaty, see the judgment ¡n Case 230/81, ibid., and with regard to Article 173 of the EEC Treaty see the judgment in Case 294/83 Les Verts v Parliament f 19861 ECR 1339.

5 See the judgment in Joined Cases 7/56 and 3/57 to 7/57 D. Aigera et al. v Common Assembly of the European Coal and Steel Community [1957] ECR 39 at p. 65.

6 Judgment in Joined Cases 358/85 and 51/86, ibid., and Order in Case 78/85 Croup of the European Right v /Wíamenl[1986]ECR 1753.

7 Judgment in Case 108/83, ibid.

8 See the judgments in Case 114/86 United Kingdom v Commillion [1988] ECR 5289, paragraph 12; in Case 230/81, ibid.; and in joined Cases 358/85 and 51/86, ibid.

9 See the judgment in Case 230/81, paragraph 30, and in Joined Cases 358/85 and 51/86, paragraph 15.

10 Judgement in Joined Cases 87/77, 130/77, 22/83, 9/84 and 10/84 Salerno v Commission and Council [19851 ECR 2523.

11 Ibid., paragraph 59.

12 See the judgments ¡n Cases 230/81 and 108/83 and in Joined Cases 358/85 and 51/86, cited in footnotes 1 and 5.

13 Judgment in Case 108/83, paragraph 23.

14 Judgment in Case 230/81, paragraph 30, and in Joined Cases 358/85 and 51/86, paragraph 15.

15 Paragraph 1 of the resolution.

16 Paragraph 10 of the resolution.

17 Paragraph 17 of the resolution.

18 Paragraph 16 of the resolution.

19 Decisions 67/447/EEC and 67/30/Euratom, OJ 1967 L 152, p. 18.

20 For a summary of these events, see the judgment in Case 230/81, cited in footnote 1 above.

21 See the judgment in Case 230/81, paragraph 36.

22 Judgment in Case 230/81, paragraph 38.

23 Emphasis added.

24 Judgment in Case 230/81, paragraphs 53 and 54.

25 Judgment in Case 230/81, paragraph 55.

26 Judgment in Case 230/81, ibid., footnote 1 above.

27 Judgment in Case 108/83, ibid-, footnote t above.

28 Judgment in Joined Cases 358/85 and 51/86, ibid., Footnote 1 above.

29 Judgment in Joined Cases 358/85 and 51/86, paragraph 36.

30 Judgment in Case 230/81, paragraphs 35 and 36.

31 Judgment in Joined Cases 358/85 and 51/86, paragraph 34.

32 Judgment in Joined Cases 358/85 and 51/86, paragraph 40.

33 Judgment in Case 230/81, paragraphs 37 and 38; judgment in Joined Cases 358/85 and 51/86, paragraphs 34 and 35.

34 Judgment in Case 108/83, paragraphs 25, 28 and 31.

35 See the submissions of the Grand Duchy of Luxembourg in Case 108/83, ibid.

36 In 1965: 398 excluding the staff of the political groups, 420 including such staff; in 1990: 2297 excluding the staff of the political groups, 2360 including such stafL Whether the staff of the political groups should be counted as staff of the Secretariat of the Parliament is not relevant to the present case and need not be determined.

37 Case 108/83, paragraph 61 ; see point II 1(c) above.

38 See Joined Cases 358/85 and 51/86, ibid.

39 Sec paragraphs 75-89 above.

40 Case 108/83 and Joined Cases 358/85 and 51/86, but not In Case 230/81.