This document is an excerpt from the EUR-Lex website
Document 62018CO0525
Order of the Court (Fourth Chamber) of 21 May 2019.
Marion Le Pen v European Parliament.
Appeal — European Parliament — Rules governing the expenses and allowances of Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid.
Case C-525/18 P.
Order of the Court (Fourth Chamber) of 21 May 2019.
Marion Le Pen v European Parliament.
Appeal — European Parliament — Rules governing the expenses and allowances of Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid.
Case C-525/18 P.
Court reports – general – 'Information on unpublished decisions' section
Order of the Court (Fourth Chamber) of 21 May 2019 — Le Pen v Parliament
(Case C‑525/18 P) ( 1 )
(Appeal — European Parliament — Rules governing the expenses and allowances of Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid)
1. |
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 Parliament concerning implementing measures for the Statute for Members of the European Parliament, Art. 33(1) and (2)) (see paras 37, 98) |
2. |
Appeal — Grounds — Specific criticism of a point of the General Court’s reasoning necessary (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Arts 168(1)(d) and 169(2)) (see para. 41) |
3. |
Procedure — Production of evidence — Time limit — Evidence lodged out of time — Conditions (see para. 47) |
4. |
Appeal — Grounds — Ground of appeal against a ground of the judgment not necessary to support the operative part — Invalid ground of appeal (see para. 52) |
5. |
EU law — Principles — Rights of defence — Right to be heard — Scope — No obligation to grant the person concerned the opportunity to state his views orally (see para. 66) |
6. |
Appeal — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 80) |
7. |
EU law — Principles — Equal treatment — Need to comply with the principle of legality — Impossible to rely on an unlawful act committed in favour of a third party (see para. 92) |
8. |
European Parliament — Rules on costs and indemnities of MEPs — Recovery of sums unduly paid — Amount to be recovered — Parliament’s lack of discretion — Ground alleging a misuse of power — Unfounded ground of appeal (Decision of the Bureau of the Parliament concerning implementing measures for the Statute for Members of the European Parliament, Art. 68(1)) (see paras 111, 112) |
Operative part
1. |
The appeal is dismissed as being, in part, manifestly inadmissible and, in part, manifestly unfounded. |
2. |
Ms Marion Le Pen is ordered to pay the costs. |
( 1 ) OJ C 381, 22.10.2018.