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

1. Actions for annulmentReview of legalityCriteriaAccount taken only of elements of fact and law existing at the date on which the contested measure was adopted

(Art. 263 TFEU)

(see para. 42)

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

(Rules of Procedure of the General Court, Art. 170)

(see para. 46)

3. European ParliamentMembersPayment of expenses and allowancesRecovery of sums unduly paidPower of the Secretary-General of the Parliament

(Decision of the Bureau of the Parliament concerning implementing measures for the Statute of Members of the European Parliament, Art. 68)

(see paras 59, 60, 62)

4. Acts of the institutionsStatement of reasonsObligationScopeAssessment of the duty to state reasons by reference to the circumstances of the case

(Art. 296, second para., TFEU)

(see para. 68)

5. European Anti-Fraud Office (OLAF)InvestigationsFinal investigation report and recommendationsObligation to transmit that information to the person concernedNoneObligation to transmit the anonymous letter that gave rise to the investigationNoneAnnulment on grounds of infringement of the rights of the defence of a decision adopted on the basis of the investigation reportConditions

(European Parliament and Council Regulation No 883/2013, Arts 10(2) and 11(4))

(see paras 83, 87)

6. European Anti-Fraud Office (OLAF)InvestigationsRights of defenceScopeRight of access to the inquiry fileNone save where there is an intention to adopt a measure adversely affecting the person concerned

(European Parliament and Council Regulation No 883/2013)

(see para. 84)

7. European ParliamentMembersPayment of expenses and allowancesRecovery of sums unduly paidDecision of the Secretary General of the ParliamentArticle 47 of the Charter of Fundamental Rights inapplicable to a procedure for the adoption of a decision

(Charter of Fundamental Rights of the European Union, Art. 47(2); Decision of the Bureau of the Parliament concerning implementing measures for the Statute of Members of the European Parliament, Art. 68)

(see para. 92)

8. European ParliamentMembersPayment of expenses and allowancesRecovery of sums unduly paidObligation to hear the Member concerned before the adoption of a decisionNone

(Decision of the Bureau of the Parliament concerning implementing measures for the Statute of Members of the European Parliament, Art. 68(2))

(see paras 95-100)

9. European ParliamentMembersPayment of expenses and allowancesParliamentary assistance allowancesBearing of costs not connected to exercise of the Parliamentary mandateNot included

(Decision of the Bureau of the Parliament concerning implementing measures for the Statute of Members of the European Parliament, Art. 33)

(see para. 110)

10. OfficialsAccredited parliamentary assistantsRights and obligationsExternal activityObligation to seek prior authorisationScopeExercise of functions within a national political partyNeed for authorisation

(Staff Regulations of Officials, Art. 12b(1); Conditions of Employment of Other Servants of the European Communities, Art. 127)

(see para. 118)

11. European ParliamentMembersPayment of expenses and allowancesParliamentary assistance allowancesCheck relating to the use of parliamentary assistance costsBurden of proof

(Decision of the Bureau of the Parliament concerning implementing measures for the Statute of Members of the European Parliament, Art. 33(1))

(see paras 125, 126)

12. OfficialsAccredited parliamentary assistantsRights and obligationsDisclosure of information relating to the serviceObligation to exercise discretionScope

(Staff Regulations of Officials, Art. 17(1); Conditions of Employment of Other Servants of the European Communities, Art. 127; Decision of the Bureau of the Parliament concerning implementing measures for Title VII of the Conditions of Employment of Other Servants of the European Communities, Art. 9)

(see para. 131)

13. Actions for annulmentGroundsMisuse of powersMeaning

(Art. 263 TFEU)

(see paras 135, 142, 147)

14. European ParliamentMembersPayment of expenses and allowancesRecovery of sums unduly paidEffect of there being no recovery decisions against Members of the other political groupsNoneCompliance with the principle of equal treatment having to be reconciled with the principle of legality

(Decision of the Bureau of the Parliament concerning implementing measures for the Statute of Members of the European Parliament, Art. 68)

(see paras 152, 154-156)

15. European ParliamentMembersIndependenceScope

(Arts 2 TEU and 10(1) and (2) TEU; Rules of Procedure of the European Parliament, Art. 2; European Parliament Decision 2005/684, Art. 9)

(see paras 175-177)

16. European ParliamentMembersPayment of expenses and allowancesRecovery of sums unduly paidDecision of the Secretary General of the ParliamentInterference with the independence of the Member concernedNone

(Decision of the Bureau of the Parliament concerning implementing measures for the Statute of Members of the European Parliament, Art. 68)

(see paras 179-181, 183)

17. European ParliamentMembersPayment of expenses and allowancesRecovery of sums unduly paidDecision of the Secretary General of the ParliamentInfringement of the prohibition for the Member concerned to be bound by instructions from third partiesNone

(Rules of Procedure of the European Parliament, Art. 2)

(see para. 186)

18. European ParliamentMembersPayment of expenses and allowancesRecovery of sums unduly paidAmount to be recoveredParliament’s lack of discretionClaim by the Member concerned of infringement of the principle of proportionalityRejection

(Art. 5(4) TEU; Decision of the Bureau of the Parliament concerning implementing measures for the Statute of Members of the European Parliament, Art. 68(1))

(see paras 197-200)

19. Judicial proceedingsMeasures of organisation of procedureRequest for production of documentsDiscretion of the Courts of the Union

(Rules of Procedure of the General Court, Art. 90(1))

(see para. 206)

Re:

Application on the basis of Article 263 TFEU seeking the annulment of the decision of the Secretary-General of the Parliament of 5 December 2016 concerning the recovery of a sum of EUR 298 497.87 wrongfully paid as parliamentary assistance allowance and of the debit note of 6 December 2016 relating thereto.

Operative part

The Court:

1. Dismisses the action;

2. Orders Ms Marion Le Pen to bear her own costs and to pay those incurred by the European Parliament, including those relating to the interlocutory proceedings;

3. Orders the Council of the European Union to bear its own costs.