Order — ECLI:EU:C:2018:962
Date: 2018-11-28
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 28 November 2018 — Le Pen v Parliament (Case C‑303/18 P) (1) (Appeal — Admissibility — European Parliament — Rules governing the expenses and allowances of Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid) 1. Appeal — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility (Rules of Procedure of the General Court, Art. 170(1)) (see para. 29) 2. Judicial proceedings — Measures of organisation of procedure — Request for production of documents — Discretion of the Courts of the Union (Rules of Procedure of the General Court, Art. 90(1)) (see para. 32) 3. Appeal — Grounds — Plea raised against a ground of the order which is not essential to its operative part — Invalid plea in law (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 42) 4. Appeal — Grounds — 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 paras 61, 71, 78) 5. 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 para. 67) Operative part 1. The appeal is dismissed as being, in part, manifestly inadmissible and, in part, manifestly unfounded. 2. Mr Jean-Marie Le Pen shall pay the costs. 1 OJ C 240, 9.7.2018.