Case T-13/04: Action brought on 15 January 2004 by Jens Peter Bonde and others against the European Parliament and the Council of the European Union
Date: 2004-03-20
Institutions: Court of First Instance
Subjects: Council of the European Union, European Parliament, action for annulment (EU), party financing, political discrimination, political parties

C 71/34

EN

Official Journal of the European Union

20.3.2004

Action brought on 15 January 2004 by Jens Peter Bonde
and others against the European Parliament and the
Council of the European Union

Pleas in law and main arguments

(Case T-13/04)

(2004/C 71/61)

(Language of the case: English)

An action against the European Parliament and the Council of
the European Union was brought before the Court of First
Instance of the European Communities on 15 January 2004
by Jens Peter Bonde, Bagsvaerd, (Denmark), Inger Schörling,
Gärle, (Sweden), Paul-Mari Coûteaux, Mirbeau, (France), Nigel
Paul Farage, Westerham, (United Kingdom), William Abitbol,
Paris, (France), Bent Hindrup Andersen, Horsens, (Denmark),
Graham H. Booth, Paignton,
(United Kingdom), Florence
Kuntz, Lyon, (France), Ulla Margrethe Sandbæk, Copenhagen,
(Denmark), Jeffrey William Titford, Frinton-on-Sea, (United
(Sweden), Herman Schmid,
Kingdom), Per Gahrton, Täby,
Copenhagen,
(Sweden),
Pernille Frahm, Bjert, (Denmark), Roger Helmer, Lutterworth,
(United Kingdom), Daniel J. Hannan, Geat Bookham, (United
(France), Dominique
Kingdom), Georges Berthu, Longré,
F. C. Souchet, Saint-Gemme la Plaine, (France), Thierry de la
(France), Hans Kronberger, Vienna,
Perriere, Luc-sur-Mer,
(France), Yves Butel,
(Austria),
Amiens,
(Denmark),
represented by J. Dhont, lawyer, with an address for service in
Luxembourg.

Jean-Louis Bernie, Nantes,
(France) and Ole Krarup, Helsingor,

Jonas Sjöstedt, Umeå,

(Denmark),

The applicant claims that the Court should:

— Declare Regulation (EC) No. 2004/2003 of the European
Parliament and of the Council of November 4, 2003, on
the regulations governing political parties at European
level and the rules regarding their funding, null and void,
or in second order, declare certain parts null and void,
or in third order only, order lawful application and
implementation of the European Political Parties Regu-
lation so that Applicant’s objections are effectively
resolved;

— Order the European Parliament and the Council to pay
the costs of (1) the proceedings and (2) the Applicant’s
lawyer’s fees, in accordance with applicable law.

In support of their application the applicants submit that the
contested regulation violates article 191 of the EC treaty in
that the recognition of alliances of political parties as European
political parties does not promote integration within the
European Union, the formation of a European awareness or
the expression of the political will of the Union’s citizens. They
further allege that it violates declaration No. 11 on Article 191
of the EC Treaty, annexed to the Final Act of the Treaty of
Nice, in that it involves a prohibited transfer of powers to the
European Community, does not provide adequate guarantees
that the funds allocated will not be used for the activities of
national political parties and discriminates against smaller and
minority political groups. They also submit that the contested
regulation violates articles 5, 189 and 202 of the EC Treaty by
conferring implementing and decision making powers to the
European Parliament.

that

the freedom of

the contested regulation
The applicants also submit
in particular the
violates a number of fundamental rights,
principle against discrimination,
thought,
conscience and religion, and the freedom of expression, which
the applicants consider are violated by the requirement
for unconditional endorsement of European principles as a
precondition for funding, as well as the freedom of association
and assembly, allegedly violated because the contested regu-
lation makes provision for eligibility thresholds which exclude
minority parties and independent national political parties.

Further, the applicants submit that the contested regulation
violates a series of basic principles of European Union law,
namely: The principle of equal treatment by discriminating
against minority and independent political parties, the prin-
ciple of democracy, by treating members of the European
Parliament differently based on whether or not
they are
members of European parties, and the rule of law, in that the
European Parliament has adopted the contested measure as
co-legislator and will also be the one to implement and
administer it. The applicants also consider that principles and
traditions common to Member States are violated in that very
high thresholds are set for funding and allegiance to certain
European political ideals is required. The applicants also invoke
a misuse of powers by the European Parliament and the
Council, and violations of the principles of proportionality
and of subsidiarity.