Order of the General Court (Fifth Chamber) of 10 December 2019

Data

Court: General Court

Case date: 10 december 2019

Verdict

Order of the General Court (Fifth Chamber) of 11 December 2019 –
Gollnisch v Parliament

(Case T-319/19)

"(Action for annulment - Institutional law - Rules governing the payment of expenses and allowances to Members of the European Parliament - Amendment of the voluntary additional pension scheme - Regulatory act - Deadline for bringing an action - Out of time - Act not open to challenge - Disregard of the procedural requirements - Inadmissibility)"

1. Acts of the institutionsDecision amending the rules governing the additional voluntary pension scheme of Members of the European ParliamentMeasure of general scopeComplaints procedureNot applicableNon-compliance with the time-limit for bringing an application to the CourtAction brought out of timeInadmissibility

(Art. 263 TFEU; Decision of the Bureau of the European Parliament concerning implementing measures for the Statute of Members of the European Parliament, Art. 72)

(see paras 24-32)

2. Action for annulmentActionable measuresMeaningMeasures producing binding legal effectsPurely informative measureNot included

(Art. 263 TFEU)

(see paras 34-38)

3. Judicial proceedingsApplication initiating proceedingsFormal requirementsBrief summary of the pleas in law on which the application is basedLack of precision as to the measures contestedInadmissibility

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

(see paras 41-44)

4. Judicial proceedingsCostsTaxationTaxation not capable of taking place until after the decision closing the proceedingsPremature applicationInadmissibility

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

(see paras 46, 47)

Re:

Application under Article 263 TFEU for annulment of the decision of the Bureau of the European Parliament of 10 December 2018 amending the Implementing Measures for the Statute for Members of the European Parliament (OJ 2018, C 466, p. 8), the letter of 26 March 2019 from the President of the Parliament rejecting the administrative appeal brought against the decision of the Bureau of the Parliament and all acts adopted as a consequence thereof.

Operative part

1. The action is dismissed as inadmissible.

2. Mr Bruno Gollnisch shall bear his own costs and pay those incurred by the European Parliament.