50Thus, as regards first of all the appellant's argument based on the very wording of Article 12(2) of the 1976 Act which refers to an obligation for the Parliament to ‘take note’ that a seat has fallen vacant pursuant to national provisions in force in a Member State, that provision, far from supporting the appellant's argument, clearly highlights the complete lack of discretion on the part of the Parliament in the matter. In that particular case, the role of the Parliament is not to declare that the seat is vacant but, as the Court of First Instance rightly held in paragraph 88 of the judgment under appeal, merely to take note that the seat is vacant as already established by the national authorities, whereas in the other cases concerning, inter alia, the resignation or death of one of its members, that institution has a more active role to play since Parliament itself establishes that there is a vacancy and informs the Member State in question thereof.
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