Judgment of the Court of First Instance of 10 April 2003 in Case T-353/00: Jean-Marie Le Pen v European Parliament (Act of the Parliament — Disqualification of a Member of the European Parliament from holding office — Application of national law — Action for annulment — Challengeable act — Inadmissibility)
Date: 2003-06-07
Institutions: Court of First Instance
Subjects: European Parliament, Member of the European Parliament, action for annulment (EU), national law, power of attorney

7.6.2003

EN

Official Journal of the European Union

C 135/25

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 April 2003

of 10 April 2003

in Case T-353/00: Jean-Marie Le Pen v European Parlia-
ment (1)

in Case T-366/00: Scott SA v Commission of the European
Communities (1)

(Act of the Parliament — Disqualification of a Member of
the European Parliament from holding office — Application
of national law — Action for annulment — Challengeable
act — Inadmissibility)

(Action for annulment — State aid — Regulation (EC)
No 659/1999 — Article 15 — Limitation period — Recovery
of aid — Act interrupting the limitation period)

(2003/C 135/37)

(Language of the case: French)

(2003/C 135/38)

(Language of the case: English)

represented by F. Wagner,

In Case T-353/00, Jean-Marie Le Pen, residing at Saint-Cloud
(France),
lawyer, v European
Parliament (Agents: H. Krück and C. Karamarcos), supported
by French Republic (Agents: R. Abraham, G. de Bergues,
D. Colas and L. Bernheim): Application for annulment of the
decision in the form of a declaration of the President of the
European Parliament of 23 October 2000 on the disqualifi-
cation of the applicant from holding office as a Member of
the European Parliament, the Court of First Instance (Fifth
Chamber), composed of: J.D. Cooke, President, R. García-
Valdecasas and P. Lindh, Judges; J. Palacio González, Principal
Administrator, for the Registrar, has given a judgment on
10 April 2003, in which it:

In Case T-366/00, Scott SA, established in Saint-Cloud (France),
represented by Sir Jeremy Lever QC, G. Peretz, Barrister, and
R. Griffith, Solicitor, with an address for service in Luxem-
bourg, supported by French Republic (Agents: F. Million,
G. de Bergues and S. Seam), v Commission of the European
Communities (Agents: G. Rozet and J. Flett): Application for
partial annulment of Commission Decision 2002/14/EC of
12 July 2000 on the State aid granted by France to Scott Paper
SA Kimberly-Clark (OJ 2002 L 12, p. 1), the Court of First
Instance (Fifth Chamber, Extended Composition), composed
J.D. Cooke, President, R. García-Valdecasas, P. Lindh,
of:
N.J. Forwood and H. Legal,
J. Palacio González,
Principal Administrator, for the Registrar, has given a judgment
on 10 April 2003, in which it:

Judges;

1. Dismisses the application as inadmissible;

2. Orders the applicant to bear his own costs and to pay those of
the Parliament in the main proceedings and in the proceedings
on the application for interim relief;

1. Dismisses the application for annulment of Article 2 of
Commission Decision 2002/14/EC of 12 July 2000 in so far
as it alleges that the Commission infringed Article 15 of
Council Regulation (EC) No 659/1999 of 22 March 1999
laying down detailed rules for the application of Article [88 EC];

2. Orders that the remainder of the proceedings be continued;

3. Orders the French Republic bear its own costs.

3.

Reserves the costs.

( 1) OJ C 28 of 27.01.2001.

(1) OJ C 61 of 24.2.2001.