Home

Order of the Court (Ninth Chamber) of 7 November 2019

Order of the Court (Ninth Chamber) of 7 November 2019

Data

Court
Court of Justice
Case date
7 november 2019

Verdict

Order of the Court (Ninth Chamber) of 7 November 2019 —
Le Pen v Parliament

(Case C‑38/19 P)(*)

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

AppealGroundsGrounds which are manifestly inadmissible or manifestly unfoundedDismissal at any point, by reasoned order, without an oral procedure

(Rules of Procedure of the Court of Justice, Art. 181)

(see para. 31)

EU lawPrinciplesRights of defenceRight to be heardScopeObligation to make it possible for the interested party to express herself orallyNone

(see paras 39-43)

AppealGroundsPlea submitted for the first time in the context of the appealManifest inadmissibility

(Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58; Rules of Procedure of the General Court, Art. 170(1))

(see para. 47)

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 49-52)

EU lawPrinciplesProtection of legitimate expectationsLimits

(Decision of the Bureau of the Parliament concerning implementing measures for the Statute for Members of the European Parliament, Arts 33(1) and 39(2))

see paras 64-69

AppealGroundsSpecific criticism of a point of the General Court’s reasoning necessaryNoneManifest inadmissibility

(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 paras 85-87)

Operative part

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

Ms Marion Anne Perrine Le Pen shall pay the costs.