Judgment of the Court of First Instance of 2 October 2001 in Joined Cases T-222/99, T-327/99 and T-329/99: Jean-Claude Martinez and Others v European Parliament (Actions for annulment — Act of the European Parliament concerning a provision of its Rules of Procedure — Statement of formation of a group under Rule 29 of the Rules of Procedure of the European Parliament — Admissibility — Objection of illegality — Equal treatment — Observance of fundamental rights — Principles of democracy and proportionality — Freedom of association — Protection of legitimate expectations — Parliamentary traditions of the Member States — Breach of essential procedural requirements — Misuse of procedure)
Date: 2002-01-19
Institutions: Court of First Instance
Subjects: European Parliament, Member of the European Parliament, action for annulment (EU), constitutional law, equal treatment, operation of the Institutions

C 17/12

EN

Official Journal of the European Communities

19.1.2002

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 2 October 2001

in Joined Cases T-222/99, T-327/99 and T-329/99: Jean-
Claude Martinez and Others v European Parliament (1)

(Actions for annulment — Act of the European Parliament
concerning a provision of its Rules of Procedure — Statement
of formation of a group under Rule 29 of the Rules of
Procedure of the European Parliament — Admissibility —
Objection of illegality — Equal treatment — Observance
of fundamental rights — Principles of democracy and
proportionality — Freedom of association — Protection of
legitimate expectations — Parliamentary traditions of the
Member States — Breach of essential procedural require-
ments — Misuse of procedure)

(2002/C 17/20)

(Language of the case: French and Italian)

In Joined Cases T-222/99: Jean-Claude Martinez, Member of
the European Parliament, residing in Montpellier (France),
Charles de Gaulle, Member of
the European Parliament,
residing in Paris (France), represented by F. Wagner, lawyer,
applicants in Case T-327/99, Front national, established in
Saint-Cloud (France), represented by A. Nivière, lawyer, and
T-329/99, Emma Bonino, Member of the European Parliament,
residing in Rome (Italy), Marco Pannella, Member of the
European Parliament, residing in Rome, Marco Cappato,
Member of the European Parliament, residing in Vedano al
Lambro (Italy), Gianfranco Dell’Alba, Member of the European
Parliament, residing in Leghorn (Italy), Benedetto Della Vedova,
Member of the European Parliament, residing in Tirano (Italy),
Olivier Dupuis, Member of the European Parliament, residing
in Rome, Maurizio Turco, Member of the European Parliament,
residing in Pulsano (Italy), Lista Emma Bonino, established in
Rome, represented initially by A. Tizzano and G. M. Roberti,
lawyers, and subsequently by G. M. Roberti, against European
Parliament (Agents: G. Garzo´ n Clariana, J. Schoo, H. Krück
and A. Caiola) — application for the annulment in Case
T-222/99 of the European Parliament’s decision of 14 Septem-
ber 1999 on the interpretation of Rule 29(1) of the Rules of
Procedure of the European Parliament; in Case T-327/99 of
the European Parliament’s decision of 14 September 1999
dissolving with retroactive effect the ‘Groupe technique des
députés indépendants (TDI) — Groupe mixte’; and in Case
T-329/99 of the European Parliament’s decision of 14 Septem-
ber 1999 in which it adopted the view taken by the Committee
on Constitutional Affairs on the conformity with Rule 29 of
the Rules of Procedure of the European Parliament of the

statement of formation of the ‘Groupe technique des députés
indépendants (TDI) — Groupe mixte’, — the Court of First
Instance (Third Chamber, Extended Composition), composed
of J. Azizi, President, K. Lenaerts, R.M. Moura Ramos, M. Jaeger
and M. Vilaras, Judges; J. Palacio Gonza´lez, Administrator, for
the Registrar, has given a judgment on 2 October 2001, in
which it:

1. Ordered the joinder of Cases T-222/99, T-327/99 and

T-329/99 for the purposes of the judgment;

2. Dismissed the actions;

3. Ordered the applicants in each case to bear their own costs and
those incurred by the Parliament including, as regards Case
T-222/99, the costs relating to the application for interim
measures.

(1) OJ C 366 of 18.12.1999, C 47 of 19.2.2000 and C 63 of

4.3.2000.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 5 September 2001

in Case T-74/00 R: Artegodan GmbH v Commission of
the European Communities

(Proceedings for interim relief — Article 108 of the Rules of
Procedure — Change in circumstances — No change)

(2002/C 17/21)

(Language of the case: German)

In Case T-74/00 R: Artegodan GmbH, established in Lüchow
(Germany), represented by U. Doepner,
lawyer, with an
address for service in Luxembourg, against Commission of the
European Communities (Agents: H. Støvlbæk and B. Wägen-
baur) — application by the defendant under Article 108 of the
Rules of Procedure of the Court of First Instance for cancel-
lation of the order of the President of Court of First Instance
of 28 June 2000 in Case T-74/00 R Artegodan v Commission
[2000] ECR II-2583 — the President of the Court of First
Instance made an order on 5 September 2001, the operative
part of which is as follows: