Judgment of the General Court (Fifth Chamber) of 24 March 2021 –
Bennahmias v Parliament
(Case T‑799/19)
(Institutional law – Rules governing the payment of expenses and allowances to Members of the European Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Burden of proof – Obligation to state reasons – Error of law – Error of fact – Proportionality)
1. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision of the Parliament ordering the recovery of a sum unduly paid by way of parliamentary assistance
(Art. 296, second para., TFEU)
(see para. 18)
2. European Parliament – Members – Payment of expenses and allowances – Parliamentary assistance allowances – Defrayal of expenses not linked to the exercise of a parliamentary mandate – Not included
(Decision of the Bureau concerning implementing measures for the Statute for Members of the European Parliament, Art. 33(2), first sentence)
(see para. 48)
3. European Parliament – Members – Payment of expenses and allowances – Parliamentary assistance allowances – Check relating to the use of parliamentary assistance expenses – Burden of proof
(Decision of the Bureau concerning implementing measures for the Statute for Members of the European Parliament, Art. 33(2), second sentence)
(see paras 51-54)
4. European Parliament – Members – Payment of expenses and allowances – Recovery of sums unduly paid – Amount to be recovered – Parliament’s lack of discretion – Claim by the Member concerned of infringement of the principle of proportionality – Rejection
(Decision of the Bureau concerning implementing measures for the Statute for Members of the European Parliament, Art. 68(1), first sentence)
(see paras 64-67)
Re:
| Application under Article 263 TFEU seeking annulment of the decision of the Secretary-General of the Parliament of 16 September 2019 concerning the recovery from the applicant of a sum of EUR 15 105 unduly paid as parliamentary assistance allowance and the debit note of 19 September 2019 relating thereto. |
Operative part
The Court:
2. | | Orders Mr Jean-Luc Bennahmias to bear his own costs and pay those incurred by the European Parliament. |