Judgment — ECLI:EU:T:2019:266
Date: 2019-04-30
Language of the case: French
Court formation: Seventh Chamber
Subject matter: Provisions governing the Institutions;Privileges and immunities
Procedure: Action for annulment - unfounded;Action for damages - unfounded
Origin: France

Judgment of the General Court (Seventh Chamber) of 30 April 2019 – Briois v Parliament (Case T‑214/18) (Privileges and immunities — Member of the European Parliament — Decision to waive parliamentary immunity — Relation with parliamentary duties — Equal treatment — Principle of sound administration — Rights of the defence — Non-contractual liability) 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 — Definition of opinion expressed in the performance of duties — Application in judicial proceedings against a Member of Parliament (Protocol on the Privileges and Immunities of the European Union, Art. 8) (see paras 13-18) 2. 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 paras 20-23) 3. 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 paras 24, 25) 4. Privileges and immunities of the European Union — Members of the European Parliament — Immunity — Decision to waive immunity — Compliance with the principle of equal treatment having to be reconciled with the principle of legality — Compliance with the principle of sound administration (Protocol on the Privileges and Immunities of the European Union, Arts 8 and 9) (see paras 57, 64, 66) 5. Privileges and immunities of the European Union — Members of the European Parliament — Immunity — Decision to waive immunity — Decision adopted without debate in plenary session — Submission of observations of the Member concerned before the Parliamentary committee — Infringement of the right to be heard — None — Members attending the hearing before the parliamentary committee other than those voting in the committee — Irrelevant (Charter of Fundamental Rights of the European Union, Art. 41(2)(a); European Parliament’s Rules of Procedure, Arts 9 and 150(2)) (see paras 82-86, 88) 6. Non-contractual liability — Conditions — Unlawfulness — Injury — Causal link — One of the conditions not satisfied — Claim for compensation dismissed in its entirety (Art. 340, 2nd para. TFEU) (see paras 100, 101) 7. Judicial proceedings — Costs — Taxation — Taxation not capable of taking place until after the decision closing the proceedings (Rules of Procedure of the General Court, Arts 133 and 170) (see paras 105, 106) Re: Application, first, under Article 263 TFEU, seeking annulment of decision P8_TA(2018)0020 of the Parliament of 6 February 2018 to waive the applicant’s parliamentary immunity and, secondly, application under Article 268 TFEU seeking compensation in respect of the harm allegedly suffered by the applicant. Operative part The Court: 1. Dismisses the action; 2. Orders Mr Steeve Briois to bear his own costs and to pay those incurred by the European Parliament.