Order of the General Court (First Chamber) of 4 July 2014 —
Uspaskich v Parliament
(Case T‑84/12)
Action for annulment and compensation — Privileges and immunities — Member of the European Parliament — Decision to waive immunity — Re-examination — Decision not to defend immunity — Inadmissibility — Manifest inadmissibility
1. Actions for annulment — Natural or legal persons — Interest in bringing proceedings — Need for an actual and current interest — Assessment at the time the action brought — Action capable of securing a benefit for the applicant (Art. 263, fourth para., TFEU) (see paras 27-29)
2. Actions for annulment — Actionable measures — Measures of the Parliament intended to have legal effects vis-à-vis third parties — Decision waiving the immunity of an MEP — Included (Art. 263, first para., TFEU; Protocol on the Privileges and Immunities of the European Union) (see para. 39)
3. Actions for annulment — Action against a decision refusing to withdraw or amend an earlier act — Inadmissibility — Meaning of confirmatory decision — Decision adopted following a re-examination of the earlier decision and on the basis of new factors — Not included (Art. 263 TFEU) (see para. 40)
4. Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — Action for compensation for damage caused by an EU institution — No indications as to the damage suffered and the causal link — Inadmissibility (Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 61, 68)
Re:
| Firstly, an application for annulment of the Parliament’s decision of 1 December 2011 not to defend the applicant’s parliamentary immunity and to reject his application for re-examination of the decision to waive immunity and, secondly, a claim for damages. |
Operative part
1. | | The action is dismissed as in part manifestly inadmissible and in part inadmissible. |
2. | | Mr Viktor Uspaskich is ordered to bear his own costs and to pay the costs incurred by the European Parliament. |
3. | | The Republic of Lithuania is ordered to bear its own costs. |