Judgment of the Court of First Instance (Fourth Chamber) 26 November 1991

In Case T-146/89,

THE COURT OF FIRST INSTANCE (Fourth Chamber), composed of: R. Schintgen, President of the Chamber, D. A. O. Edward and R. Garcia-Valdecasas, Judges, Registrar: B. Pastor, Administrator,

having regard to the written procedure and further to the hearing on 16 September 1992,

gives the following

Judgment

The facts

(paragraphs omitted)

Procedure

Admissibility

Substance

The first plea: improper composition of the Disciplinary Board

The plea that a witness was biased

The plea that the Disciplinary Board's opinion was out of time

The plea as to breach of the principle that authorities exercising judicial powers must be independent and impartial

The plea as to breach of the principle non bis in idem

The plea as to improper classification of the facts by reference to criminal law

The plea as to incorrect legal classification of the circumstances of the case having regard to Articles 12 and 21 of the Staff Regulations

The plea as to breach of the principle of proportionality

The plea of misuse of powers

Costs

1 Language of the case: French.