Order of the Court (Fourth Chamber) of 21 May 2019

Data

Court: Court of Justice

Case date: 21 mei 2019

Verdict

Order of the Court (Fourth Chamber) of 21 May 2019 — Le Pen v Parliament

(Case C‑525/18 P)⁽¹⁾

"(Appeal - European Parliament - Rules governing the expenses and allowances of Members of the European Parliament - Parliamentary assistance allowance - Recovery of sums unduly paid)"

1. 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 for Members of the European Parliament, Art. 33(1) and (2))

(see paras 37, 98)

2. AppealGroundsSpecific criticism of a point of the General Court’s reasoning necessary

(Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Arts 168(1)(d) and 169(2))

(see para. 41)

3. ProcedureProduction of evidenceTime limitEvidence lodged out of timeConditions

(see para. 47)

4. AppealGroundsGround of appeal against a ground of the judgment not necessary to support the operative partInvalid ground of appeal

(see para. 52)

5. EU lawPrinciplesRights of defenceRight to be heardScopeNo obligation to grant the person concerned the opportunity to state his views orally

(see para. 66)

6. AppealGroundsIncorrect assessment of the facts and evidenceInadmissibilityReview by the Court of the assessment of the facts and evidencePossible only where the clear sense of the evidence has been distorted

(Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.)

(see para. 80)

7. EU lawPrinciplesEqual treatmentNeed to comply with the principle of legalityImpossible to rely on an unlawful act committed in favour of a third party

(see para. 92)

8. European ParliamentRules on costs and indemnities of MEPsRecovery of sums unduly paidAmount to be recoveredParliament’s lack of discretionGround alleging a misuse of powerUnfounded ground of appeal

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

(see paras 111, 112)

Operative part

1. The appeal is dismissed as being, in part, manifestly inadmissible and, in part, manifestly unfounded.

2. Ms Marion Le Pen is ordered to pay the costs.