Case C‑566/14 P

Jean-Charles Marchiani

v

European Parliament

‛Appeal — Member of the European Parliament — Parliamentary assistance allowance — Recovery of undue payments — Recovery — Implementing measures of the Statute for Members of the Parliament — Observance of the rights of the defence — Principle of impartiality — Limitation — Regulation (EU, Euratom) No 966/2012 — Articles 78 to 81 — Delegated Regulation (EU) No 1268/2012 — Articles 81, 82 and 93 — Principle of protection of legitimate expectations — Reasonable time’

Summary — Judgment of the Court (Grand Chamber), 14 June 2016

EU budget — Financial regulation — Recovery of amounts receivable by the European Union in respect of third parties — Deadline for an EU institution to communicate a debit note — Not provided for in the legislation — Regard for the reasonable time principle — Criteria for assessment

(European Parliament and Council Regulation No 966/2012, Art. 81; Council Regulation No 1605/2002, as amended by Regulation No 1995/2006, Art. 73a; Commission Regulations No 2342/2002, as amended by Regulation No 428/2007, Art. 85b, and No 1268/2012, Art. 93)

EU law — Principles — Protection of legitimate expectations — Limits — Recovery of a parliamentary allowance unduly received — Lapse of a long time between the date on which the allowance was paid and the date on which recovery of undue payments was claimed — No infringement

EU budget — Financial regulation — Recovery of amounts receivable by the European Union in respect of third parties — Whether applicable to procedures for the recovery of amounts receivable in respect of Members of the European Parliament

See the text of the decision. (see paras 37, 66)

The decision of the Bureau of the European Parliament concerning implementing measures for the Statute for Members of the European Parliament, including the recovery procedure laid down in Article 68 thereof cannot be rendered applicable, notwithstanding its material scope, merely because Articles 78 to 80 of Regulation No 966/2012 on the financial rules applicable to the general budget of the Union do not contain any detailed rules specifically concerning the procedure for the recovery of amounts receivable from Members of the European Parliament, but concern the establishment of amounts receivable by the Union and the ordering of recovery. (see para. 44)

See the text of the decision. (see para. 49)

See the text of the decision. (see para. 51)

See the text of the decision. (see para. 61)

See the text of the decision. (see para. 69)

See the text of the decision. (see para.72)

The right to rely on the principle of the protection of legitimate expectations presupposes that precise, unconditional and consistent assurances originating from authorised, reliable sources have been given to the person concerned by the competent authorities of the European Union. In that regard, where sums are unduly paid to a Member of the European Parliament on the basis of the parliamentary assistance allowance, the mere fact that a long period has elapsed between the date on which the sums were paid and the date on which a decision for the recovery from the person concerned of the sum in question was adopted is not sufficient, in itself and in the absence of any other relevant factor, to engender, on the part of that Member, a legitimate expectation that the sums at issue would no longer be reclaimed. (see paras 77, 79)

Article 73a of Regulation No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, as amended by Regulation No 1995/2006, which fixed a limitation period of five years for claims by the European Union, could not be relied on alone, without its implementing rules, to establish that recovery of a debt owed to the European Union was time-barred. It follows that Article 73a, which must be read in conjunction with its detailed implementing rules laid down in Article 85b of Regulation No 2342/2002 laying down detailed rules for the implementation of Regulation No 1605/2002, as amended by Regulation No 478/2007, provides for a limitation period of five years to allow the EU institutions to recover EU entitlements in respect of third parties, the date from which that period begins to run being the expiry of the deadline communicated to the debtor in the debit note. That interpretation applies equally to Article 81 of Regulation No 966/2012 on the financial rules applicable to the general budget of the Union and Article 93 of Delegated Regulation No 1268/2012 on the rules of application of Regulation No 966/2012, since those provisions correspond, in essence, to Article 73a of Regulation No 1605/2002 and to Article 85b of Regulation No 2342/2002, respectively. (see paras 86-88)