# C_2023261EN.01003001.xml

| 24.7.2023 | EN | Official Journal of the European Union | C 261/30 |
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24.7.2023

EN

Official Journal of the European Union

C 261/30

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Judgment of the General Court of 7 June 2023 — TC v Parliament

(Case T-309/21) (1)

(Law governing the institutions - Rules governing expenses and allowances for Members of Parliament - Parliamentary assistance allowance - Recovery of sums unduly paid - Reasonable time - Burden of proof - Right to be heard - Protection of personal data - Article 9 of Regulation (EU) 2018/1725 - Article 26 of the Staff Regulations)

(2023/C 261/41)

Language of the case: Lithuanian

Parties

Applicant: TC (represented by: D. Aukštuolytė, lawyer)

Defendant: European Parliament (represented by: M. Ecker and S. Toliušis, Agents)

Re:

By his application based on Article 263 TFEU, the applicant seeks the annulment, first, of the decision of the Secretary-General of the European Parliament of 16 March 2021 declaring a debt owed by him in the amount of EUR 78 838,21 unduly paid in the form of parliamentary assistance expenses and ordering its recovery and, second, of the debit note No 7010000523 of 31 March 2021.

Operative part of the judgment

The Court:

| 1. | Declares that there is no need to adjudicate on the action for annulment, in so far as it is directed against, first, the decision of the Secretary-General of the European Parliament, of 16 March 2021 declaring a debt owed by TC, for a sum unduly paid in the form of parliamentary assistance expenses, and ordering the recovery of that sum and, second, the debit note No 7010000523 of 31 March 2021, in so far as that decision and that note concern the remuneration, social costs and travel expenses relating to A’s employment during the period between 1 April and 22 November 2016, in respect of an amount of EUR 28 083,67; |
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1.

Declares that there is no need to adjudicate on the action for annulment, in so far as it is directed against, first, the decision of the Secretary-General of the European Parliament, of 16 March 2021 declaring a debt owed by TC, for a sum unduly paid in the form of parliamentary assistance expenses, and ordering the recovery of that sum and, second, the debit note No 7010000523 of 31 March 2021, in so far as that decision and that note concern the remuneration, social costs and travel expenses relating to A’s employment during the period between 1 April and 22 November 2016, in respect of an amount of EUR 28 083,67;

| 2. | Annuls the abovementioned decision of the Secretary-General of the Parliament of 16 March 2021 and the debit note No 7010000523 of 31 March 2021, in so far as they order the recovery from TC of the remuneration, social costs and travel expenses relating to A’s employment during the period between 22 May 2015 and 31 March 2016, in respect of an amount of EUR 50 754,54; |
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2.

Annuls the abovementioned decision of the Secretary-General of the Parliament of 16 March 2021 and the debit note No 7010000523 of 31 March 2021, in so far as they order the recovery from TC of the remuneration, social costs and travel expenses relating to A’s employment during the period between 22 May 2015 and 31 March 2016, in respect of an amount of EUR 50 754,54;

| 3. | Orders the Parliament to pay the costs. |
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3.

Orders the Parliament to pay the costs.

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(1)  OJ C 320, 9.8.2021.

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