The vote of the European Parliament of 20 September 1995 is annulled to the extent that it does not provide for 12 ordinary plenary part-sessions in Strasbourg in 1996, on the ground that is not compatible with the Edinburgh Decision.
The calendar of part-sessions of the European Parliament for 1996 provided for 11 plenary part-sessions to be held in Strasbourg and eight additional part-sessions in Brussels.
In the French Government's opinion, that vote conflicted with the decision of the representatives of the Governments of the Member States taken in Edinburgh on 12 December 1992.
The Edinburgh Decision provides:
"The European Parliament shall have its seat in Strasbourg where the twelve periods of monthly plenary sessions, including the budget session, shall be held."
The Court of Justice has found that the Governments of the Member States have definitively decided to locate the seat of the Parliament in Strasbourg. Following that decision and given the plurality of working places of the Parliament, the Member States could specify the activities which must take place there.
Consequently, whilst it is true that the Edinburgh Decision does place certain constraints on the Parliament as regards the organization of its work, those constraints are inherent in the need to determine its seat.
The Court accepts, none the less, a derogation in election years to the European Parliament.
Solely for media use - Unofficial document not binding on the Court of Justice - Available in all the official languages.
Note: An application for annulment of the vote of the European Parliament of 17 July 1996 establishing the calendar of part-sessions for 1997, providing for 11 part-sessions in Strasbourg, is pending before the Court of Justice (Case C-276/96 French Republic v European Parliament).
For further information or to obtain a copy of the judgment, phone Tom Kennedy on (00352) 4303 3355.