Order — ECLI:EU:C:2019:435
Date: 2019-05-21
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 May 2019 — Le Pen v Parliament (Case C‑525/18 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) and (2)) (see paras 37, 98) 2. Appeal — Grounds — Specific criticism of a point of the General Court’s reasoning necessary (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Arts 168(1)(d) and 169(2)) (see para. 41) 3. Procedure — Production of evidence — Time limit — Evidence lodged out of time — Conditions (see para. 47) 4. Appeal — Grounds — Ground of appeal against a ground of the judgment not necessary to support the operative part — Invalid ground of appeal (see para. 52) 5. EU law — Principles — Rights of defence — Right to be heard — Scope – No obligation to grant the person concerned the opportunity to state his views orally (see para. 66) 6. 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 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 80) 7. 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 para. 92) 8. European Parliament — Rules on costs and indemnities of MEPs — Recovery of sums unduly paid — Amount to be recovered — Parliament’s lack of discretion — Ground alleging a misuse of power — Unfounded ground of appeal (Decision of the Bureau of the Parliament concerning implementing measures for the Statute for Members of the European Parliament, Art. 68(1)) (see paras 111, 112) Operative part 1. The appeal is dismissed as being, in part, manifestly inadmissible and, in part, manifestly unfounded. 2. Ms Marion Le Pen is ordered to pay the costs. 1 OJ C 381, 22.10.2018.