Case T-276/07: Action brought on 23 July 2007 — Martin v Parliament
Date: 2007-07-23
Institutions: Court of First Instance
Subjects: European Parliament, Member of the European Parliament, action for annulment (EU), allowances and expenses

8.9.2007

EN

Official Journal of the European Union

C 211/55

— Lastly,

in the

the Commission's
applicant's opinion,
reasoning is vitiated by an error of
law relating to the
characteristics of the procedure of imposing public service
obligations. In that respect, the applicant submits that appli-
cation of a non-mandatory term would have the effect of
prolonging indefinitely the ‘first phase’ of the procedure,
which is illogical, and inconsistent with the declaration of
the Commission itself to the effect that the procedure for
imposition of public service obligations, while unitary,
consists of two phases.

Action brought on 23 July 2007 — Martin v Parliament

(Case T-276/07)

(2007/C 211/102)

Language of the case: French

Parties

Applicant: Hans-Petter Martin (Vienna, Austria) (represented by:
É. Boigelot, lawyer)

Pleas in law and main arguments

in his capacity as Member of

Following an investigation concerning the secretarial allowances
granted to the applicant
the
European Parliament, the OLAF (European Anti-Fraud Office)
drew up a report finding certain irregularities. On the basis of
that report, the Secretary-General of the European Parliament
adopted the contested decision of 10 May 2007, by which it
decided that the sums which had been paid unduly to the appli-
cant were to be reimbursed by him pursuant to Article 27(3) of
the Rules governing the Payment of Expenses and Allowances to
Members of the European Parliament.

The applicant relies on four pleas in law in support of his
action.

The first plea alleges incorrect and inaccurate application of the
Rules governing the Payment of Expenses and Allowances to
Members of the European Parliament, in particular Articles 14
and 27(3) thereof.

The second plea alleges an error of assessment as to the rele-
vance of the supporting documents provided by the applicant.

Moreover, the applicant relies on a plea alleging infringement of
Council Regulation No 1605/2002 of 25 June 2002 on the
Financial Regulation applicable to the general budget of the
European Communities (1) and infringement of the principles of
proportionality and non-discrimination.

Lastly, the applicant puts forward a plea alleging breach of the
principle audi alteram partem and of the rights of the defence.

Defendant: European Parliament

(1) OJ 2002 L 248, p. 1.

Form of order sought

— Annul the decision of 10 May 2007 taken by the Secretary-
General of the European Parliament, notified on 14 May
2007, according to which it was decided that a certain sum
had been paid unduly to the applicant and that, pursuant to
Article 27(3) of
the Rules governing the Payment of
the European
Expenses and Allowances to Members of
Parliament, that sum was to be recovered from the appli-
cant;

— If necessary, annul the decision of 13 June 2007 originating
from the Director-General of
for
Finance of the European Parliament, taken pursuant to the
decision of 10 May 2007, putting the applicant on formal
notice to pay the aforementioned amounts or to propose a
written clearance plan accepted by the Parliament within
30 days of that decision;

the Directorate-General

— Annul,

if necessary and where applicable, all decisions
implementing the aforementioned decisions which might
arise in the course of the proceedings;

Appeal brought on 18 July 2007 by Luigi Marcuccio against
the order of the Civil Service Tribunal of 11 May 2007 in
Case F-2/06, Luigi Marcuccio v Commission

(Case T-278/07 P)

(2007/C 211/103)

Language of the case: Italian

Parties

Appellant: Luigi Marcuccio (Tricase,
Cipressa, avvocato)

Italy)

(represented by G.

— In any event, order the defendant to pay the costs.

Other party to the proceedings: Commission of
Communities

the European