Order — ECLI:EU:C:2019:239
Date: 2019-03-21
Language of the case: French
Court formation: Fourth Chamber
Subject matter: Provisions governing the Institutions
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: France

Order of the Court (Fourth Chamber) of 21 March 2019 — Troszczynski v Parliament (Case C‑462/18 P) (1) (Appeal — European Parliament — Rules governing the expenses and allowances of Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid) 1. European Parliament — Members — Payment of expenses and allowances — Parliamentary assistance allowances — Check relating to the use of parliamentary assistance costs — Burden of proof (Decision of the Bureau of the Parliament concerning implementing measures for the Statute for Members of the European Parliament, Art. 33(1)) (see para. 35) 2. Procedure — Production of evidence — Time limit — Evidence lodged out of time — Conditions (see para. 38) 3. Appeal — Pleas in law/Grounds — Plea against a ground of the judgment not necessary to support the operative part — Invalid plea in law (voir point 44) 4. EU law — Principles — Rights of defence — Scope — Obligation to enable the person concerned effectively to put forward his point of view on the evidence adduced against him in the measure to be adopted (see para. 51) 5. EU law — Principles — Rights of defence — Right to be heard — Scope –Obligation to give the person concerned the opportunity to express himself orally — No such obligation (or combine with previous headwords) (see para. 52) 6. Appeal — Pleas in law — Plea submitted for the first time in the context of the appeal — Inadmissibility (Statute of the Court of Justice, Art. 58; Rules of Procedure of the Court of Justice, Art. 170(1)) (see para. 59) 7. Appeal — Grounds — Error of law relied on not identified — Inadmissibility (see para. 62) 8. Acts of the institutions — Statement of reasons — Obligation — Scope (see para. 68) 9. Appeal — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 80) 10. EU law — Principles — Equal treatment — Need to comply with the principle of legality — Impossible to rely on an unlawful act committed in favour of a third party (see paras 88, 89) Operative part 1. The appeal is dismissed as being, in part, manifestly inadmissible and, in part, manifestly unfounded. 2. Ms Mylène Troszczynski shall pay the costs. 1 OJ C 364, 8.10.2018.