Judgment of the General Court (Sixth Chamber) of 7 March 2018 –
Le Pen v Parliament
(Case T‑140/16)
(Rules governing the payment of expenses and allowances of Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Authority of the Secretary-General — Burden of proof — Obligation to state reasons — Misuse of powers — Error of fact — Equal treatment)
1. Actions for annulment — Pleas in law — Lack of or inadequate statement of reasons — Separate ground from the one concerning substantive legality
(Arts 263 TFEU and 296 TFEU)
(see para. 48)
2. European Parliament — Rules on costs and indemnities of MEPs — Parliamentary assistance allowances — Paying agent to manage amounts paid — Provision by a parliamentary assistant of remunerated services to a paying third party — Not permissible
(Decision of the Bureau of the European Parliament concerning implementing measures for the Statute of Members of the European Parliament, Art. 36(1))
(see para. 55)
3. European Parliament — Rules on costs and indemnities of MEPs — Parliamentary assistance allowances — Check relating to the use of parliamentary assistance costs — Burden of proof
(Decision of the Bureau of the European Parliament concerning implementing measures for the Statute of Members of the European Parliament, Art. 33(1))
(see paras 64, 65)
4. Actions for annulment — Pleas in law — Misuse of powers — Meaning
(Art. 263 TFEU)
(see para. 76)
5. EU law — Principles — Equal treatment — Need to comply with the principle of legality — Impossible to rely on an unlawful act committed in favour of a third party
(see paras 88, 91)
6. Judicial proceedings — Measures of inquiry — Hearing of witnesses — Discretion of the Courts of the Union
6. Judicial proceedings — Measures of inquiry — Hearing of witnesses — Discretion of the Courts of the Union
(Rules of Procedure of the General Court, Art. 92)
(see paras 96, 97)
Re:
| Application pursuant to Article 263 TFEU seeking annulment of the decision of the Secretary-General of the Parliament of 29 January 2016 relating to the recovery from the applicant of a sum of EUR 320 026.23 unduly paid for parliamentary assistance and of the related debit note of 4 February 2016. |
Operative part
The Court:
2. | | Orders Mr Jean-Marie Le Pen to pay the costs, including those relating to the proceedings for interim measures. |
2. | | Orders Mr Jean-Marie Le Pen to pay the costs, including those relating to the proceedings for interim measures. |