# C_2019187EN.01008401.xml

| 3.6.2019 | EN | Official Journal of the European Union | C 187/84 |
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3.6.2019

EN

Official Journal of the European Union

C 187/84

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Action brought on 5 April 2019 — Le Pen v Parliament

(Case T-211/19)

(2019/C 187/90)

Language of the case: French

Parties

Applicant: Jean-Marie Le Pen (Saint-Cloud, France) (represented by: F. Wagner, lawyer)

Defendant: European Parliament

Form of order sought

The applicant claims that the General Court should:

| — | Annul European Parliament Decision P8_TA-PROV(2019)0136 of 12 March 2019 on the request for waiver of the applicant’s immunity 2018/2247(IMM), which does indeed waive the applicant’s immunity; |
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Annul European Parliament Decision P8_TA-PROV(2019)0136 of 12 March 2019 on the request for waiver of the applicant’s immunity 2018/2247(IMM), which does indeed waive the applicant’s immunity;

| — | Order the Parliament to pay the entirety of the costs. |
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Order the Parliament to pay the entirety of the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.

| 1. | First plea in law, alleging infringement of Article 9 of Protocol No 7 on the privileges and immunities of the European Union (OJ 2010 C 83, p. 266), Article 5(1) and (5) of the Rules of Procedure of the European Parliament (OJ 2005 L 44, p. 1), and Notices to Members Nos 11/2003 and 11/2016. |
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1.

First plea in law, alleging infringement of Article 9 of Protocol No 7 on the privileges and immunities of the European Union (OJ 2010 C 83, p. 266), Article 5(1) and (5) of the Rules of Procedure of the European Parliament (OJ 2005 L 44, p. 1), and Notices to Members Nos 11/2003 and 11/2016.

| 2. | Second plea in law, alleging abuse of process. The applicant takes the view that in agreeing to the waiver of the applicant’s parliamentary immunity, the Parliament allows the French examining magistrate to replace the Secretary-General of the Parliament for the period 2009-2014, thus infringing Article 68(1) of the Implementing measures for the Statute for Members of the European Parliament, which confers exclusive competence on the Secretary-General for deciding on sums unduly paid and ordering the issuance of an enforceable instrument against the Member concerned. |
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2.

Second plea in law, alleging abuse of process. The applicant takes the view that in agreeing to the waiver of the applicant’s parliamentary immunity, the Parliament allows the French examining magistrate to replace the Secretary-General of the Parliament for the period 2009-2014, thus infringing Article 68(1) of the Implementing measures for the Statute for Members of the European Parliament, which confers exclusive competence on the Secretary-General for deciding on sums unduly paid and ordering the issuance of an enforceable instrument against the Member concerned.

| 3. | Third plea in law, alleging misuse of power, abuse of process and breach of the reasonable time period for instituting proceedings. The applicant claims that the Parliament committed an abuse of process, thereby affecting the applicant’s exercise of his rights of defence inasmuch as, after nearly three terms without any claim on the part of the Secretary-General, the applicant did not consider it necessary to keep evidence of the work done by his assistants, and is unable to answer the court. |
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3.

Third plea in law, alleging misuse of power, abuse of process and breach of the reasonable time period for instituting proceedings. The applicant claims that the Parliament committed an abuse of process, thereby affecting the applicant’s exercise of his rights of defence inasmuch as, after nearly three terms without any claim on the part of the Secretary-General, the applicant did not consider it necessary to keep evidence of the work done by his assistants, and is unable to answer the court.

| 4. | Fourth plea in law, alleging infringement of Article 43 of Notice to Members No 11/2016, in so far as the underlying purpose of the proceedings is to make the activities of members of one of the main opposition parties in the Parliament more difficult. |
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4.

Fourth plea in law, alleging infringement of Article 43 of Notice to Members No 11/2016, in so far as the underlying purpose of the proceedings is to make the activities of members of one of the main opposition parties in the Parliament more difficult.

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