Judgment — ECLI:EU:T:2017:390
Date: 2017-06-15
Language of the case: French
Court formation: Sixth Chamber
Subject matter: Provisions governing the Institutions
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: France

summary of the pleas in law on which the application is based (Rules of Procedure of the General Court, Art. 76(d)) (see para. 25) 2. Actions for annulment — Time-limits — Mandatory — Examination of the General Court’s own motion (Art. 263, sixth para., TFEU; Rules of Procedure of the General Court, Art. 60) (see paras 35, 36) 3. Judicial proceedings — Time-limit for instituting proceedings — Claim barred by lapse of time — Unforeseeable circumstances or force majeure — Concept — No mention, in the contested measure, of the remedies open to the addressees — Not permissible (Statute of the Court of Justice, Arts 45, second para., and 53) (see para. 40) 4. Actions for annulment — Jurisdiction of the EU judicature — Claim seeking that directions be issued to an institution — Inadmissibility (Arts 263 TFEU and 266 TFEU) (see para. 45) 5. Fundamental rights — European Convention on Human Rights — Instrument not formally integrated into the EU legal order (Art. 6(3) TEU; Charter of Fundamental Rights of the European Union, Art. 52(3)) (see para. 55) 6. Fundamental rights — Charter of Fundamental Rights of the European Union — Right to sound administration — Right of access of any person to the file concerning him — Scope (Charter of Fundamental Rights of the European Union, Art. 41(2)) (see para. 56) 7. European Parliament — Members — Disciplinary measures — Penalties — Loss of entitlement to subsistence allowance — Decision of the bureau of the Parliament dismissing the internal action of the Member concerned and confirming the penalty — Not applicable to the decision-making procedure in Article 47 of the Charter of Fundamental Rights (Charter of Fundamental Rights of the European Union, Art. 47(2); Rules of Procedure of the European Parliament, Arts 166 and 167) (see para. 71) 8. EU law — Principles — Rights of defence — Observance thereof in the context of administrative proceedings — No obligation to allow the person concerned by the procedure to be assisted by his counsel during consultation of the file concerning him (see para. 74) 9. European Parliament — Members — Disciplinary measures — Proof of the fault alleged — Assessment of the probative value of various items of evidence — Witness statements (Rules of Procedure of the European Parliament, Art. 166) (see paras 82, 86, 88) Re: ACTION based on Article 263 TFEU and seeking annulment of the decision of the President of the Parliament of 9 March 2016 and of the decision of the Bureau of the Parliament of 11 April 2016 imposing on the applicant the penalty of forfeiture of entitlement to the subsistence allowance for a period of five days. Operative part The Court: 1. Dismisses the action; 2. Orders Mr Nicolas Bay to pay the costs.