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Document 62009TJ0149
Judgment of the General Court (Eighth Chamber) of 24 March 2011.#Densmore Ronald Dover v European Parliament.#Rules governing the payment of expenses and allowances to Members of the European Parliament - Review of the use of allowances - Parliamentary assistance allowance - Justification of expenditure - Recovery of undue payments.#Case T-149/09.
Judgment of the General Court (Eighth Chamber) of 24 March 2011.
Densmore Ronald Dover v European Parliament.
Rules governing the payment of expenses and allowances to Members of the European Parliament - Review of the use of allowances - Parliamentary assistance allowance - Justification of expenditure - Recovery of undue payments.
Case T-149/09.
Judgment of the General Court (Eighth Chamber) of 24 March 2011.
Densmore Ronald Dover v European Parliament.
Rules governing the payment of expenses and allowances to Members of the European Parliament - Review of the use of allowances - Parliamentary assistance allowance - Justification of expenditure - Recovery of undue payments.
Case T-149/09.
Thuarascálacha na Cúirte Eorpaí 2011 II-00069*
ECLI identifier: ECLI:EU:T:2011:119
Judgment of the General Court (Eighth Chamber) of 24 March 2011 – Dover v Parliament
(Case T-149/09)
Rules governing the payment of expenses and allowances to Members of the European Parliament – Review of the use of allowances – Parliamentary assistance allowance – Justification of expenditure – Recovery of undue payments
1. Procedure – Measures of organisation of procedure – Request that internal documents of an institution be removed from the file – Documents irregularly obtained – Retention on file – Criteria (see paras 61-63)
2. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision of the Secretary-General of the European Parliament concerning the recovery of sums paid to an MEP by way of parliamentary assistance allowance – Duty to state specific, adequate reasons for each amount regarded as unjustified (Art. 253 EC) (see paras 98-99, 109, 111)
3. European Parliament – Regulation governing the payment of expenses and allowances to Members of the European Parliament – Parliamentary assistance allowance – Lack of documents to evidence use in accordance with rules – Obligation to repay – Conditions for granting the allowance met at the time of the application – No effect (see paras 122-124)
4. European Parliament – Regulation governing the payment of expenses and allowances to Members of the European Parliament – Parliamentary assistance allowance – Provider of parliamentary assistance services not having honoured his tax obligations arising from the fees relating thereto – Liability of the MEP making the application vis-à-vis the Parliament – None (see paras 150-155)
Re:
APPLICATION for annulment of Decision D (2009) 4639 of the Secretary-General of the European Parliament of 29 January 2009 concerning the recovery of sums paid to the applicant by way of parliamentary allowances. |
Operative part
The Court:
1. |
Annuls Decision D (2009) 4639 of the Secretary-General of the European Parliament of 29 January 2009 as regards the recovery of the sum of GBP 193 001; |
2. |
Dismisses the action as to the remainder; |
3. |
Orders the Parliament and Mr Densmore Ronald Dover each to bear their own costs. |