Opinion of the Advocate General — ECLI:EU:C:2004:37
Date: 2004-01-20
Language of the case: French
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Provisions governing the Institutions
Procedure: Action for annulment - inadmissible;Appeal - successful;Appeal - decision unnecessary
Origin: France

Summary of the Judgment Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Whether directly affected – Criteria – Parliament decision dissolving a political group formed by Members belonging to a national political party – Whether that party directly affected – Not so affected (Art. 230, fourth para., EC; Rules of Procedure of the European Parliament, Rules 29(1) and (2), and 30) The condition that the decision forming the subject-matter of an action for annulment must be of ‘direct concern’ to a natural or legal person, as it is stated in the fourth paragraph of Article 230 EC, requires the Community measure complained of to affect directly the legal situation of the individual and leave no discretion to the addressees of that measure, who are entrusted with the task of implementing it, such implementation being purely automatic and resulting from Community rules without the application of other intermediate rules. A decision of the European Parliament concerning the interpretation of Article 29(1) of the Parliament’s Rules of Procedure and dissolving with retroactive effect the ‘Groupe technique des députés indépendants (TDI) – Groupe mixte’ – to the extent to which it deprived the Members having declared the formation of the TDI Group, and in particular the Members from the Front National’s list, of the opportunity of forming by means of the TDI Group a political group within the meaning of Rule 29 – affected those Members directly. Those Members were in fact prevented, solely because of the contested act, from forming themselves into a political group and were henceforth deemed to be non-attached Members for the purposes of Rule 30; as a result, they were afforded more limited parliamentary rights and lesser material and financial advantages than those they would have enjoyed had they been members of a political group within the meaning of Rule 29. Such a conclusion cannot be drawn, however, in relation to a national political party such as the Front National. Although it is natural for a national political party which puts up candidates in the European elections to want its candidates, once elected, to exercise their mandate under the same conditions as the other Members of the Parliament, that aspiration does not confer on it any right for its elected representatives to form their own group or to become members of one of the groups being formed within the Parliament. Under Rule 29(2) the formation of a political group within the Parliament requires a minimum number of Members from various Member States and, in any event, Rule 29(1) mentions only the possibility of Members forming themselves into groups according to their political affinities. The rule assigns no specific function in the process of forming political groups to the national political parties to which those Members belong. (see paras 34-37)