Judgment;Information — ECLI:EU:T:2024:422
Date: 2024-06-26
Language of the case: German
Court formation: Seventh Chamber
Subject matter: Provisions governing the Institutions;Privileges and immunities
Procedure: Action for annulment - unfounded
Origin: Croatia

Judgment of the General Court (Seventh Chamber) of 26 June 2024 – Fest v Parliament (Case T‑305/23) (1) ( Law governing the institutions – Member of Parliament – Privileges and immunities – Decision to waive parliamentary immunity – Articles 8 and 9 of Protocol No 7 on the privileges and immunities of the EU – Concept of ‘connection to parliamentary duties’ – Manifest error of assessment ) 1. Privileges and immunities of the European Union – Members of the European Parliament – Immunity in respect of opinions expressed and votes cast in the performance of their duties – Scope – Impossibility of waiving that immunity – Verification by the Parliament of the conditions for recognition thereof (Protocol on the privileges and immunities of the European Union, Arts 8 and 9) (see paragraphs 17, 21, 22) 2. Privileges and immunities of the European Union – Members of the European Parliament – Immunity – Request for waiver of immunity – Discretion of the Parliament – Judicial review – Scope (Protocol on the privileges and immunities of the European Union, Art. 9) (see paragraphs 23, 24) 3. Privileges and immunities of the European Union – Members of the European Parliament – Immunity in respect of opinions expressed and votes cast in the performance of their duties – Meaning of opinion expressed in the performance of their duties – Need for a direct and obvious link between the opinion expressed and the parliamentary duties – Sending of a tweet appearing to be intended to make accusations against an individual, rather than appearing to set out a general position on matters of public interest – No link – Inapplicability of the immunity (Protocol on the privileges and immunities of the European Union, Art. 8) (see paragraphs 29, 30, 33, 36) Operative part The Court: 1. Dismisses the action; 2. Orders Mr Nicolaus Fest to bear his own costs and pay those incurred by the European Parliament. 1 OJ C 286, 14.8.2023.