Judgment of the General Court (Sixth Chamber) of 19 September 2018

Judicial proceedingsApplication initiating proceedingsFormal requirementsBrief summary of the pleas in law on which the application is based

(Statute of the Court of the Justice, Arts 21, first para. and 53, first para.; Rules of Procedure of the General Court, Art. 76(d))

(see para. 31)

European ParliamentMembersDisciplinary measuresPenaltiesDecision to the President of the ParliamentComplaintOptionalApplication to the EU judicatureLawfulnessPoint at which the period for bringing an action for annulment begins to run

(Art. 263 TFEU; Staff Regulations of Officials, Arts 90 and 91; European Parliament’s Rules of Procedure, Art. 167)

(see paras 42, 43, 45-48)

Acts of the institutionsStatement of reasonsObligationScopeAssessment of the duty to state reasons by reference to the circumstances of the caseNeed to specify all the relevant factual and legal elementsNone)

(Art. 296, second para., TFEU)

(see para. 54)

European ParliamentMembersDisciplinary measuresPenaltiesPsychological harassmentAdoption of the decision imposing a sanction without giving the Member full access to the harassment complaintsInfringement of the right to sound administrationNone

(Charter of Fundamental Rights of the European Union, Art. 41(2))

(see paras 78-80, 83)

European ParliamentMembersDisciplinary measuresInitiation of proceedingsPeriod provided to the Member to prepare his defenceDuty to act within a reasonable timeCriteria for assessment

(Charter of Fundamental Rights of the European Union, Art. 41(1))

(see paras 85, 88, 89)

Fundamental rightsEuropean Convention on Human RightsInstrument not formally integrated into the EU legal order

(Art. 6(3) TEU; Charter of Fundamental Rights of the European Union, Art. 52(3))

(see para. 94)

Actions for annulmentPleas in lawMisuse of powersMeaning

(Art. 263 TFEU)

(see paras 106, 107)

Actions for damagesApplication for damages linked to an application for annulmentDismissal of claim for annulment leading to dismissal of the claim for compensation

(Arts 263 TFEU and 340 TFEU)

(see para. 113)

Non-contractual liabilityConditionsCausal linkDamage constituted by costs in relation to the pre-litigation procedureCosts arising from the free choice of the applicantNo causal link between the damage and the conduct of the institution

(Art. 340, second para. TFEU)

(see para. 115)

Re:

First, application based on Article 263 TFEU seeking annulment of the decisions of the President of the Parliament of 22 November 2016 and the decision of the Bureau of the Parliament of 12 December 2016 imposing the penalty of a reprimand on the applicant and, secondly, application based on Article 268 TFEU seeking compensation for the harm allegedly suffered by the applicant.

Operative part

The Court:

Dismisses the request for an expedited procedure as manifestly inadmissible;

Dismisses the action;

Orders Mr Jasenko Selimovic to pay the costs.