Judgment of the Court of First Instance (Third Chamber) of 17 October 1991

In Case T-26/89,

THE COURT OF FIRST INSTANCE (Third Chamber), composed of: C. Yeraris, President of Chamber, A. Saggio and B. Vesterdorf, Judges, Registrar: B. Pastor, Administrator,

having regard to the written procedure and further to the hearing on 19 March 1991,

gives the following

Judgment

Facts and procedure

Forms of order sought by the parties

The complaints upheld by the appointing authority

The background to the operation of bank accounts with the Midland Bank, London

The substance

A — The pleas relating to formal defects

The plea relating to the failure to comply with the period prescribed by the third paragraph of Article 7 of Annex IX

The plea relating to the expiry of the limitation period

The plea in law relating to the delivery of the final discharge for the 1981 financial year

The plea relating to the infringement of the principle requiring proceedings to be brought within a reasonable period

The plea relating to the failure to comply with the hon bis in idem' rule

The plea relating to formal defects vitiating the disciplinary proceedings

— The absence of a signature and date on the report addressed by the appointing authority to the Disciplinary Board

— The approval of the minutes of the meeting of 26 November 1987 following which the reasoned opinion was issued

The plea relating to infringement of the rights of the defence

— The failure to forward certain documents

— The failure to forward the minutes of 26 November 1987 within a reasonable period

— The applicant's non-approval of the technical questionnaire addressed to the Treasury and Accounts Division of the Parliament

— The note sent by the applicant on 5 June 1981 to the Director of Finance and Data-processing

— The reverse entry of 25 August 1982 relating to the amount of BFR 4136125

The plea relating to the infringement of the independence of the Disciplinary Board and the freedom of the defence

B — Pleas in law relating to substantive defects

The plea relating to the infringement of Article 86 of the Staff Regulations and Articles 70 and 72 of the Financial Regulation, and to the failure to comply with the principle of law that every administrative measure must be accompanied by legally admissible reasons which are not contradictory and are not vitiated by errors of law or fact

— The opening of an interest-bearing account with the Midland Bank

— The complaint relating to the failure to comply with the obligation to administer payment credits in a proper manner

— The complaint relating to the failure to comply with the obligation to effect expenditure only on presentation of proper supporting documents and to keep such documents in a safe place

The alternative plea relating to the infringement of Article 86(1) of the Staff Regulations and of Articles 70(1) and 71 of the Financial Regulation, the failure to comply with the principles of equality, equity and the impartial administration of justice, and the misuse of powers

The plea relating to the breach of the principle of proportionality

The submissions concerning the appointment of a committee of experts

Costs

1 Language of the case: French.