Information;Judgment — ECLI:EU:T:2021:437
Date: 2021-07-14
Language of the case: French
Court formation: Fifth Chamber
Subject matter: Provisions governing the Institutions
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: France

Judgment of the General Court (Fifth Chamber) of 14 July 2021 – Rochefort v Parliament (Case T‑170/20) (Law governing the institutions – Rules on expenses and allowances for Members of Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Burden of proof – Duty to state reasons – Rights of the defence – Error of law – Error of assessment – Proportionality) 1. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision of the Parliament ordering the recovery of a sum unduly paid by way of parliamentary assistance (Art. 296, second para., TFEU) (see paras 21, 28-32) 2. European Parliament – Rules on costs and indemnities of MEPs – Parliamentary assistance allowances – Check relating to the use of parliamentary assistance expenses – Burden of proof (Decision of the Bureau of the European Parliament concerning implementing measures for the Statute of Members of the European Parliament, Arts 33(1) and (2), and 68) (see paras 43-47, 57, 58, 94) 3. European Parliament – Rules on costs and indemnities of MEPs – Recovery of sums unduly paid – No obligation to hear the Member concerned before adopting a decision – Obligation to hear third parties in the recovery procedure – Absence (Decision of the Bureau of the European Parliament concerning implementing measures for the Statute of Members of the European Parliament, Art. 68(2)) (see paras 64-66, 69) 4. European Parliament – Rules on costs and indemnities of MEPs – Recovery of sums unduly paid – Amount to be recovered – Parliament’s lack of discretion – Claim by the Member concerned of infringement of the principle of proportionality – Rejection (Decision of the Bureau of the European Parliament concerning implementing measures for the Statute of Members of the European Parliament, Art. 68(1)) (see paras 74, 75) Re: Application under Article 263 TFEU for annulment of the decision of the Secretary General of the Parliament of 17 December 2019 on the recovery from the applicant of a sum of EUR 61 423.40 unduly paid by way of parliamentary assistance and of the corresponding debit note of 22 January 2020. Operative part The Court: 1. Annuls the decision of the Secretary General of the Parliament of 17 December 2019 on the recovery from Mr Robert Rochefort of a sum of EUR 61 423.40 unduly paid by way of parliamentary assistance and the corresponding debit note of 22 January 2020 in so far as they concern sums paid between April and June 2010, February, June and July 2011 and, lastly, between 21 May and 27 July 2012; 2. Dismisses the action as to the remainder; 3. Orders Mr Rochefort and the Parliament each to bear their own costs.