Judgment of the General Court (Seventh Chamber) of 17 October 2018

1. Privileges and immunities of the European UnionMembers of the European ParliamentImmunity in respect of opinions expressed and votes cast in the performance of their dutiesDefinition of opinion expressed in the performance of dutiesApplication in the context of criminal proceedings against a Member of the ParliamentNeed for a direct and obvious link between the opinion expressed and the parliamentary duties

(Protocol on the privileges and immunities of the European Union, Arts 8 and 9)

(see paras 16-22)

2. Privileges and immunities of the European UnionMembers of the European ParliamentImmunity in respect of opinions expressed and votes cast in the performance of their dutiesScopeImpossibility of waiving that immunityVerification by the Parliament of the conditions for recognition thereof

(Protocol on the privileges and immunities of the European Union, Arts 8 and 9)

(see paras 24-27)

3. Privileges and immunities of the European UnionMembers of the European ParliamentImmunityRequest for waiver of immunityDiscretion of the ParliamentJudicial reviewScope

(Protocol on the privileges and immunities of the European Union, Art. 9)

(see paras 28, 29)

4. Privileges and immunities of the European UnionMembers of the European ParliamentImmunity in respect of opinions expressed and votes cast in the performance of their dutiesDefinition of opinion expressed in the performance of dutiesNeed for a direct and obvious link between the opinion expressed and the parliamentary dutiesOpinions expressed in the capacity of a national politicianNo linkInapplicability of the immunity

(Protocol on the privileges and immunities of the European Union, Arts 8 and 9)

(see paras 42-44)

5. Privileges and immunities of the European UnionMembers of the European ParliamentImmunityDecision to waive immunityCompliance with the principle of equal treatment having to be reconciled with the principle of legality

(Protocol on the privileges and immunities of the European Union, Arts 8 and 9)

(see paras 66, 67)

6. EU lawPrinciplesLegal certaintyScope

(see para. 68)

7. EU lawPrinciplesProtection of legitimate expectationsConditionsSpecific assurances given by the authorities

(see para. 69)

8. Privileges and immunities of the European UnionMembers of the European ParliamentImmunityRequest for waiver of immunityConditionsVerification by the ParliamentExamination of whether the national proceedings are justified and of the guilt of the Member concernedNot includedCompetence of the national authorities

(Protocol on the privileges and immunities of the European Union, Art. 9; European Parliament’s Rules of Procedure, Art. 9(7))

(see para. 83)

9. Privileges and immunities of the European UnionMembers of the European ParliamentDisqualification from holding officeNational legal proceedings capable of leading to such disqualificationObligation on Member States to inform the European ParliamentNone

(European Parliament’s Rules of Procedure, Art. 3(6))

(see paras 93, 94)

10. Privileges and immunities of the European UnionMembers of the European ParliamentImmunityDecision to waive immunityDecision adopted without debate in plenary sessionSubmission of observations of the Member concerned before the Parliamentary committeeInfringement of the right to be heardNoneMembers attending the hearing before the parliamentary committee other than those voting in the committeeIrrelevant

(Charter of Fundamental Rights of the European Union, Art. 41(2)(a); European Parliament’s Rules of Procedure, Arts 9 and 150(2))

(see paras 102-106, 108, 109)

11. Action for annulmentPleas in lawMisuse of powersDefinition

(Art. 263 TFEU)

(see paras 124, 125)

12. Non-contractual liabilityConditionsUnlawfulnessInjuryCausal linkOne of the conditions not satisfiedClaim for compensation dismissed in its entirety

(Art. 340, second para. TFEU)

(see paras 130, 131)

13. Judicial proceedingsCostsTaxationTaxation not capable of taking place until after the decision closing the proceedings

(Rules of Procedure of the General Court, Arts 133 and 170)

(see paras 135, 136)

Re:

First, action brought under Article 263 TFEU seeking the annulment of Decision P8_TA(2016)9429 of the Parliament of 22 November 2016 waiving the applicant’s immunity; and, secondly, action brought under Article 268 TFEU seeking compensation for the harm which the applicant claimed to have suffered.

Operative part

The Court:

1. Dismisses the action;

2. Orders Mr Jean-François Jalkh to bear his own costs and pay those incurred by the European Parliament, including the costs relating to the application for interim measures.