Notice for the OJ
SEQ CHAPTER \h \r 1Action brought on 15 January 2004 by Jens Peter Bonde and others against the European Parliament and the Council of the European Union
(Case T-13/04)
Language of the case: English
An action against the European Parliament and the Council of the European Union was brought before the Court of First Instance of the European Communities on 15 January 2004 by Jens Peter Bonde, Bagsvaerd, (Denmark), Inger Schörling, Gärle, (Sweden), Paul-Mari Coûteaux, Mirbeau, (France), Nigel Paul Farage, Westerham, (United Kingdom), William Abitbol, Paris, (France), Bent Hindrup Andersen, Horsens, (Denmark), Graham H. Booth, Paignton, (United Kingdom), Florence Kuntz, Lyon, (France), Ulla Margrethe Sandbæk, Copenhagen, (Denmark), Jeffrey William Titford, Frinton-on-Sea, (United Kingdom), Per Gahrton, Täby, (Sweden), Herman Schmid, Copenhagen, (Denmark), Jonas Sjöstedt, Umeå, (Sweden), Pernille Frahm, Bjert, (Denmark), Roger Helmer, Lutterworth, (United Kingdom), Daniel J. Hannan, Geat Bookham, (United Kingdom), Georges Berthu, Longré, (France), Dominique F. C. Souchet, Saint-Gemme la Plaine, (France), Thierry de la Perriere, Luc-sur-Mer, (France), Hans Kronberger, Vienna, (Austria), Jean-Louis Bernie, Nantes, (France), Yves Butel, Amiens, (France) and Ole Krarup, Helsingor, (Denmark), represented by J. Dhont, lawyer, with an address for service in Luxembourg.
The applicant claims that the Court should:
- Declare Regulation (EC) No. 2004/2003 of the European Parliament and of the Council of November 4, 2003, on the regulations governing political parties at European level and the rules regarding their funding, null and void, or in second order, declare certain parts null and void, or in third order only, order lawful application and implementation of the European Political Parties Regulation so that Applicant's objections are effectively resolved;
- Order the European Parliament and the Council to pay the costs of (1) the proceedings and (2) the Applicant's lawyer's fees, in accordance with applicable law.
Pleas in law and main arguments:
In support of their application the applicants submit that the contested regulation violates article 191 of the EC treaty in that the recognition of alliances of political parties as European political parties does not promote integration within the European Union, the formation of a European awareness or the expression of the political will of the Union's citizens. They further allege that it violates declaration No. 11 on Article 191 of the EC Treaty, annexed to the Final Act of the Treaty of Nice, in that it involves a prohibited transfer of powers to the European Community, does not provide adequate guarantees that the funds allocated will not be used for the activities of national political parties and discriminates against smaller and minority political groups. They also submit that the contested regulation violates articles 5, 189 and 202 of the EC Treaty by conferring implementing and decision making powers to the European Parliament.
The applicants also submit that the contested regulation violates a number of fundamental rights, in particular the principle against discrimination, the freedom of thought, conscience and religion, and the freedom of expression, which the applicants consider are violated by the requirement for unconditional endorsement of European principles as a precondition for funding, as well as the freedom of association and assembly, allegedly violated because the contested regulation makes provision for eligibility thresholds which exclude minority parties and independent national political parties.
Further, the applicants submit that the contested regulation violates a series of basic principles of European Union law, namely: The principle of equal treatment by discriminating against minority and independent political parties, the principle of democracy, by treating members of the European Parliament differently based on whether or not they are members of European parties, and the rule of law, in that the European Parliament has adopted the contested measure as co-legislator and will also be the one to implement and administer it. The applicants also consider that principles and traditions common to Member States are violated in that very high thresholds are set for funding and allegiance to certain European political ideals is required. The applicants also invoke a misuse of powers by the European Parliament and the Council, and violations of the principles of proportionality and of subsidiarity.
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