Judgment of the General Court (Sixth Chamber) of 19 September 2018 –
Selimovic v Parliament
(Case T‑61/17)
(Law governing the institutions — European Parliament — Psychological harassment — Decision of the President of the Parliament imposing on a Member of the European Parliament the penalty of a reprimand — Article 166 of the Rules of Procedure of the Parliament — Right to good administration — Right of access to the file — Obligation to state reasons — Legal certainty — Misuse of power — Non-contractual liability)
1. Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based
(Statute of the Court of the Justice, Arts 21, first para. and 53, first para.; Rules of Procedure of the General Court, Art. 76(d))
(see para. 31)
2. European Parliament — Members — Disciplinary measures — Penalties — Decision to the President of the Parliament — Complaint — Optional — Application to the EU judicature — Lawfulness — Point at which the period for bringing an action for annulment begins to run
(Art. 263 TFEU; Staff Regulations of Officials, Arts 90 and 91; European Parliament’s Rules of Procedure, Art. 167)
(see paras 42, 43, 45-48)
3. Acts of the institutions — Statement of reasons — Obligation — Scope — Assessment of the duty to state reasons by reference to the circumstances of the case — Need to specify all the relevant factual and legal elements — None)
(Art. 296, second para., TFEU)
(see para. 54)
4. European Parliament — Members — Disciplinary measures — Penalties — Psychological harassment — Adoption of the decision imposing a sanction without giving the Member full access to the harassment complaints — Infringement of the right to sound administration — None
(Charter of Fundamental Rights of the European Union, Art. 41(2))
(see paras 78-80, 83)
5. European Parliament — Members — Disciplinary measures — Initiation of proceedings — Period provided to the Member to prepare his defence — Duty to act within a reasonable time — Criteria for assessment
(Charter of Fundamental Rights of the European Union, Art. 41(1))
(see paras 85, 88, 89)
6. Fundamental rights — European Convention on Human Rights — Instrument not formally integrated into the EU legal order
(Art. 6(3) TEU; Charter of Fundamental Rights of the European Union, Art. 52(3))
(see para. 94)
7. Actions for annulment — Pleas in law — Misuse of powers — Meaning
(Art. 263 TFEU)
(see paras 106, 107)
8. Actions for damages — Application for damages linked to an application for annulment — Dismissal of claim for annulment leading to dismissal of the claim for compensation
(Arts 263 TFEU and 340 TFEU)
(see para. 113)
9. Non-contractual liability — Conditions — Causal link — Damage constituted by costs in relation to the pre-litigation procedure — Costs arising from the free choice of the applicant — No causal link between the damage and the conduct of the institution
(Art. 340, second para. TFEU)
(see para. 115)
Re:
| First, application based on Article 263 TFEU seeking annulment of the decisions of the President of the Parliament of 22 November 2016 and the decision of the Bureau of the Parliament of 12 December 2016 imposing the penalty of a reprimand on the applicant and, secondly, application based on Article 268 TFEU seeking compensation for the harm allegedly suffered by the applicant. |
Operative part
The Court:
1. | | Dismisses the request for an expedited procedure as manifestly inadmissible; |
3. | | Orders Mr Jasenko Selimovic to pay the costs. |