Judgment of the General Court (Sixth Chamber) of 1 December 2021

Privileges and immunities of the European UnionMembers of the European ParliamentImmunityRequest for waiver of immunityDiscretion of the ParliamentJudicial reviewScope

(Protocol on the privileges and immunities of the European Union, Art. 9)

(see paras 23, 24)

Actions for annulmentPleasInfringement of essential procedural requirementsScopeInfringement of procedural rulesAnnulment only where it is established that in the absence of the procedural irregularity the contested decision would have been substantially different

(Art. 263 TFEU)

(see para. 29)

Privileges and immunities of the European UnionMembers of the European ParliamentImmunityRequest for waiver of immunityConditions

(Protocol on the Privileges and Immunities of the European Union, Art. 9; Rules of Procedure of the European Parliament, Art. 9)

(see paras 42-44, 65, 68, 72)

Privileges and immunities of the European UnionMembers of the European ParliamentImmunity in respect of opinions expressed and votes cast in the performance of their dutiesSubject matter

(Protocol on the privileges and immunities of the European Union, Art. 8)

(see para. 59)

Re:

Application under Article 263 TFEU for annulment of European Parliament decision P9_TA(2021)0092 of 25 March 2021 on the request for waiver of the immunity of the applicant (2020/2110(IMM)).

Operative part

The Court:

Dismisses the action;

Orders Mr Jean-François Jalkh to pay the costs, including those relating to the proceedings for interim measures.