This document is an excerpt from the EUR-Lex website
Document 62018CN0303
Case C-303/18 P: Appeal brought on 3 May 2018 by Jean-Marie Le Pen against the judgment of the General Court (Sixth Chamber) delivered on 7 March 2018 in Case T-140/16, Le Pen v Parliament
Case C-303/18 P: Appeal brought on 3 May 2018 by Jean-Marie Le Pen against the judgment of the General Court (Sixth Chamber) delivered on 7 March 2018 in Case T-140/16, Le Pen v Parliament
Case C-303/18 P: Appeal brought on 3 May 2018 by Jean-Marie Le Pen against the judgment of the General Court (Sixth Chamber) delivered on 7 March 2018 in Case T-140/16, Le Pen v Parliament
OJ C 240, 9.7.2018, p. 27–28
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
Case C-303/18 P: Appeal brought on 3 May 2018 by Jean-Marie Le Pen against the judgment of the General Court (Sixth Chamber) delivered on 7 March 2018 in Case T-140/16, Le Pen v Parliament
Appeal brought on 3 May 2018 by Jean-Marie Le Pen against the judgment of the General Court (Sixth Chamber) delivered on 7 March 2018 in Case T-140/16, Le Pen v Parliament
(Case C-303/18 P)
2018/C 240/31Language of the case: FrenchParties
Appellant: Jean-Marie Le Pen (represented by: F. Wagner, avocat)
Other party to the proceedings: European Parliament
Form of order sought
The appellant claims that the Court should:
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set aside the judgment of the General Court of 7 March 2018 in Case T-140/16; |
and accordingly,
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annul the decision of the Secretary-General of the European Parliament of 29 January 2016, notified by letter No D 302191 of 5 February 2016, taken pursuant to Article 68 of Decision 2009/C 159/01 of the Bureau of the European Parliament of 19 May and 9 July 2008‘concerning implementing measures for the Statute for Members of the European Parliament’ as amended, finding a debt on the part of the appellant amounting to EUR 320026,23 in respect of amounts unduly paid in the context of parliamentary assistance and giving reasons for its recovery; |
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annul debit note No 2016-195 of 4 February 2016 informing the appellant that the decision of the Secretary-General of 29 January 2016 had found a debt on the part of the appellant and had ordered recovery of sums unduly paid in respect of parliamentary assistance; |
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make an appropriate order as to the sum to be awarded to the appellant as compensation for the non-material harm that he has suffered; |
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make an appropriate order as to the sum to be awarded to the appellant in respect of the costs of the proceedings; |
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order the European Parliament to pay all costs. |
Grounds of appeal and main arguments
1. |
Ground involving a question of public policy: Infringement by the General Court of the appellant’s rights of the defence — Infringement of essential procedural requirements By failing to order the Parliament to comply with Articles 41 and 42 of the Charter of Fundamental Rights, the General Court failed to ensure a fair and adversarial debate. The Parliament has the administrative file and the OLAF file and can access those files. Evidence pertaining to the work carried out may be contained in both files without having been shared with the appellant. |
2. |
Infringement of EU law by the General Court — Errors of law and errors in the characterisation of the legal nature of the facts and the evidence by the General Court — Discriminatory and, by extension, fumus persecutionis — Infringement of the principles of protection of legitimate expectations and of legality
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3. |
Substantive unlawfulness of the contested acts
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