Order of the General Court (Third Chamber) of 5 September 2012 — Farage v Parliament and Buzek

(Case T‑564/11)

Law governing the institutions — Decision of the President of the Parliament imposing on a Member of the Parliament the penalty of forfeiture of entitlement to the daily subsistence allowance for a period of 10 days — Decision of the Committee on Legal Affairs of the Parliament declaring inadmissible the Member’s request for defence of his Parliamentary immunity — Manifest lack of jurisdiction of the General Court — Manifest inadmissibility

1.                     Actions for annulment — Jurisdiction of the EU judicature — Action brought against the organ of the institution with authority to issue the contested decision — Inadmissibility — Action to be brought against the institution which was author of the measure (Art. 263 TFEU) (see para. 18)

2.                     Actions for annulment — Time limits — Mandatory — Examination by the EU judicature of its own motion — Late application — Claim barred by lapse of time (Art. 263, sixth para., TFEU) (see paras 20-23)

3.                     Actions for annulment — Actionable measures — Concept — Measures producing binding legal effects — Decision on the defence of immunity adopted by the Parliament following a request by the Member concerned — Decision not producing binding effects on national courts — Application inadmissible (Art. 263 TFEU) (see paras 27-28)

Re:

ACTION for annulment, first, of the decision of the President of the Parliament of 2 March 2010 imposing on the applicant the penalty of forfeiture of entitlement to the daily subsistence allowance for a period of 10 days, secondly, of the decision of the Bureau of the Parliament of 24 March 2010 confirming the above decision of the President of the Parliament, thirdly, of the decision of the Committee on Legal Affairs of the Parliament declaring inadmissible the applicant’s request for defence of immunity and, fourthly, of an unspecified decision of the Parliament.

Operative part

1. The action is dismissed.

2. Nigel Paul Farage is ordered to bear his own costs and to pay those of the European Parliament.