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Document 62007TO0018(01)

Order of the Court of First Instance (Seventh Chamber) of 21 May 2008.
Hans Kronberger v European Parliament.
Action for annulment - Act concerning election to the European Parliament - Time-limit for instituting proceedings - Lack of jurisdiction of the Court - Inadmissibility.
Case T-18/07.

European Court Reports 2008 II-00077*

ECLI identifier: ECLI:EU:T:2008:162





Order of the Court of First Instance (Seventh Chamber) of 21 May 2008 – Kronberger v Parliament

(Case T-18/07)

Action for annulment – Act concerning election to the European Parliament – Time-limit for instituting proceedings – Lack of jurisdiction of the Court – Inadmissibility

1.                     European Parliament – Verification of members’ credentials – Decision dismissing a challenge to the election of a Member of the European Parliament (Act concerning election of the representatives of the Parliament by direct universal suffrage, Art. 12) (see paras 43-44)

2.                     Actions for annulment – Pleas in law – Submissions founded on the incompatibility with Community law of national provisions (Art. 230 EC) (see para. 45)

3.                     Community law – Direct effect – Individual rights – Safeguarding by national courts (Art. 10 EC) (see para. 49)

Re:

ACTION for annulment of the decision of the European Parliament of 28 April 2005 rejecting as unfounded the applicant’s challenge relating to the election of Andreas Mölzer as a Member of the European Parliament, submitted in accordance with the provisions of Article 12 of the Act of 20 September 1976 concerning the election of the representatives of the Parliament by direct universal suffrage.

Operative part

The Court:

1.

Dismisses the action as inadmissible;

2.

Orders Mr Hans Kronberger to pay the costs, including those incurred in the interim proceedings.

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