Judgment of the General Court (Fifth Chamber) of 24 March 2021 –
Bennahmias v Parliament
(Case T‑798/19)
(Institutional law – Rules governing the payment of expenses and allowances to Members of the European Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Burden of proof – Obligation to state reasons – Error of law – Error of fact – Proportionality)
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Action for annulment – Review of legality – Criteria – Account taken only of elements of fact and law existing at the date on which the contested measure was adopted (Art. 263 TFEU) (see para. 18) |
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Acts of the institutions – Statement of reasons – Obligation – Scope – Decision of the Parliament ordering the recovery of a sum wrongfully paid by way of parliamentary assistance (Art. 296, second para., TFEU) (see para. 23) |
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European Parliament – Members – Payment of expenses and allowances – Parliamentary assistance allowances – Bearing of costs not connected to exercise of the Parliamentary mandate – Not included (Decision of the Bureau of the European Parliament concerning implementing measures for the Statute of Members of the European Parliament, Art. 33(2), first sentence) (see para. 66) |
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European Parliament – Members – Payment of expenses and allowances – Parliamentary assistance allowances – Check relating to the use of parliamentary assistance costs – Burden of proof (Decision of the Bureau of the European Parliament concerning implementing measures for the Statute of Members of the European Parliament, Art. 33(2), second sentence) (see paras 67-70) |
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European Parliament – Members – Payment of expenses and allowances – Recovery of sums unduly paid – Amount to be recovered – Parliament’s lack of discretion – Claim by the Member concerned of infringement of the principle of proportionality – Rejection (Decision of the Bureau of the European Parliament concerning implementing measures for the Statute of Members of the European Parliament, Art. 68(1), first sentence) (see paras 80-83) |
Re:
Application under Article 263 TFEU seeking annulment of the decision of the Secretary-General of the Parliament of 16 September 2019 concerning the recovery from the applicant of a sum of EUR 29806 unduly paid as parliamentary assistance allowance and the debit note of 19 September 2019 relating thereto.
Operative part
The Court:
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Dismisses the action; |
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Orders Mr Jean-Luc Bennahmias to bear his own costs and pay those incurred by the European Parliament. |