Action brought on 17 January 2024 – Kaili v Parliament

(Case T-29/24)

Language of the case: English

Parties

Applicant: Eva Kaili (Ixelles, Belgium) (represented by: S. Pappas, lawyer)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:

Annul the decision of 7 November 2023 of the Director of the Directorate for Members’ Financial and Social Entitlements, Directorate-General for Finance of the European Parliament, ordering the recovery of part of the applicant’s general expenditure allowance and

Order the defendant to bear its costs as well as the Applicant’s costs for the current proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

First plea in law, alleging that the Director of the Directorate for Members’ Financial and Social Entitlements, Directorate-General for Finance of the European Parliament was not competent to adopt the contested decision since Article 68 of implementing measures for the statute for members of the European Parliament (IMMS) grants such competence to the Secretary-General of the European Parliament.

Second plea in law, alleging that Article 43 IMMS was erroneously applied in her case, since her detention constitutes a situation of force majeure.

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