Judgment of the Court (Sixth Chamber) 2 June 1994

In Case C-326/91 P,

THE COURT (Sixth Chamber), composed of: G. F. Mancini, President of the Chamber, M. Diez de Velasco, C. N. Kakouris (Rapporteur), F. A. Schockweiler and J. L. Murray, Judges, Advocate General: C. O. Lenz, Registrar: D. Louterman-Hubeau, Principal Administrator,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 10 November 1993,

gives the following

Judgment

The expiry of the limitation period

The delivery of the final discharge for the 1981 financial year

Infringement of the principle requiring proceedings to be brought within a reasonable period

The plea relating to formal defects vitiating the disciplinary proceedings and resulting from the approval of the minutes of the meeting of 26 November 1987 following which the reasoned opinion was adopted

The plea relating to infringement of the rights of the defence

A — The communication of certain documents

B — The reverse entry of25 August 1982 relating to the amount of BFR 4136125

The alleged infringement of Article 86 of the Staff Regulations and Articles 70 and 72 of the Financial Regulation, and 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 which are not vitiated by errors of law or fact.

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

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

C — 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 alleged 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 refusal by the Court of First Instance to appoint a committee of experts

Costs

1 Language of the case: French.