Keywords

Summary



Keywords

1. Applications for interim measures - Conditions for admissibility - Admissibility of the main application - Irrelevant - Limits

(Arts 242 and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1), second subparagraph)

2. Actions for annulment - Actionable measures - Acts adopted by the Parliament intended to produce legal effects outwith the Parliament itself

(Art. 230 EC)

3. Applications for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Serious and irreparable damage - Measure of the Parliament amending its rules and liable to infringe Parliamentary immunity

(Arts 242 and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))

Summary

1. In principle the issue of the admissibility of the main action should not be examined in proceedings for interim relief so as not to prejudge the substance of that case. It may, however, prove necessary, where it is contended that the main application from which the application for interim relief is derived is manifestly inadmissible, to establish the existence of certain factors which would justify the prima facie conclusion that such an action is admissible.

( see para. 45 )

2. The purpose of the first paragraph of Article 230 EC, which provides that the Court of Justice is to review, inter alia, the legality of acts of the Parliament intended to produce legal effects vis-à-vis third parties, is to make it possible to submit to review by the Community judicature measures adopted by the Parliament within the sphere of the EC Treaty which might encroach on the powers of the Member States or of the other institutions or exceed the limits which have been set to that institution's powers. On the other hand, measures affecting only the internal organisation of the work of the Parliament cannot be the subject of an action for annulment. That class of measures includes measures adopted by the Parliament which either do not have legal effects or have legal effects only within the Parliament as regards the organisation of its work and are subject to review procedures established by its Rules of Procedure.

( see para. 46 )

3. The urgency of an application for interim measures must be assessed in relation to the necessity for an interim order to prevent serious and irreparable harm to the party applying for those measures. It is for that party to prove that it cannot wait for the outcome of the main action without suffering harm of that nature.

If the agents of the European Anti-Fraud Office were to initiate an internal investigation concerning a member of the European Parliament and assume custody of documents or information in his office, in accordance with Article 4(2) of Regulation No 1073/99, in his absence or without having previously obtained his consent, as Article 5 of the Parliament decision concerning the conditions and procedure for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the interests of the Community apparently permits in certain circumstances, the risk that his immunity as a member of the Parliament would be infringed would seem to be foreseeable with a sufficient degree of probability.

Since the Parliament has not interpreted the decision amending its Rules of Procedure pursuant to the inter-institutional agreement concerning internal investigations carried out by the Office as requiring the Parliament, where the Office intends to take action against members, immediately to inform the members concerned, to refuse the Office access to members' offices in the members' absence and to ensure that the Office cannot gain access to the members' offices without their consent, the exercise of the powers conferred on the Office entails the risk that the immunity enjoyed by every member of the Parliament will be infringed. The materialisation of that risk cannot subsequently be repaired by annulment of the decision amending its rules of procedure.

Furthermore, the duties to cooperate and to supply information imposed on the members of the European Parliament, as provided for by the decision of the Parliament concerning the conditions and procedure for internal investigations, risk infringing their parliamentary immunity. In the absence of any contrary provision in that decision amending its Rules of Procedure, the duty to cooperate fully with the Office must be complied with by members when agents of the Office carry out internal investigations within the Parliament. Compliance with the duty to cooperate fully with the Office might therefore mean that the member must authorise access to his office and permit the Office to assume custody of documents and information in order to ensure that there is no danger of their disappearing, as it is permitted to do by Article 4(2). As regards the duty to inform the President of the Parliament or, if members consider it useful, the Office direct, compliance by members of the Parliament is liable to constitute a preliminary to an internal investigation conducted by the Office concerning one of them. The exercise of the powers conferred on the Office therefore entails the risk of infringing parliamentary immunity.

( see paras 103, 107-110 )