Judgment of the General Court of 4 June 2013 – Nencini v Parliament

(Joined Cases T-431/10 and T-560/10) ¹

(Rules Governing the Payment of Expenses and Allowances to Members of the European Parliament – Travel and parliamentary assistance expenses – Recovery of undue payments – Limitation period – Reasonable period – Rights of the defence – Principle of audi alteram partem – Proportionality)

Language of the case: Italian

Parties

Applicant: Riccardo Nencini (Barberino del Mugello, Italy) (represented by: F. Bertini and M. Chiti, lawyers)

Defendant: European Parliament (represented initially by N. Lorenz, D. Moore and A. Caiola, and subsequently by N. Lorenz, D. Moore and G. Ricci, acting as Agents)

Re:

Applications, primarily, for annulment brought against the Decisions of the Secretary General of the European Parliament of 16 July 2010 and 7 October 2010 relating to the recovery of certain sums received by the applicant, a former Member of the European Parliament, in respect of travel and parliamentary assistance expenses unduly paid, the Debit Notes of the Director General of the European Parliament’s Directorate-General for Finances, No 312331 of 4 August 2010 and No 315653 of 13 October 2010, and any other related and/or prior acts and, in the alternative, to remit the applications to the Secretary General of the European Parliament for a fair reassessment of the sum in respect of which recovery is sought.

Operative part of the judgment

The Court:

Dismisses the action in Case T-560/10;

Orders Riccardo Nencini to pay the costs in Case T-560/10, including the costs relating to the interim proceedings;

Orders Case T-431/10 to be removed from the register;

Orders each party to bear their own costs in Case T-431/10, including the costs relating to the interim proceedings.

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¹ OJ C 317, 20.11.2010.