Case T-107/19: Judgment of the General Court of 25 November 2020 — ACRE v Parliament (Institutional law — European Parliament — Decision declaring certain expenses of a political party ineligible for a grant for the year 2017 — Regulation (EC) No 2004/2003 — Prohibition of the funding of a national political party — Contribution or donation by a national political party — Principle of sound administration — Legal certainty — Equal treatment — Decision granting a contribution to a political party for 2019 and making pre-funding of 100 % of the maximum amount of the contribution subject to certain prior repayments — Regulation (EU, Euratom) No 1141/2014 — Rights of defence)
Date: 2020-11-25
Institutions: General Court
Subjects: eligibility criteria, equal treatment, financial aid, financial year, gift, party financing, political parties, principle of legal certainty, rights of the defence








C_2021028EN.01003602.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/36






Judgment of the General Court of 25 November 2020 — ACRE v Parliament
(Case T-107/19) (1)

(Institutional law - European Parliament - Decision declaring certain expenses of a political party ineligible for a grant for the year 2017 - Regulation (EC) No 2004/2003 - Prohibition of the funding of a national political party - Contribution or donation by a national political party - Principle of sound administration - Legal certainty - Equal treatment - Decision granting a contribution to a political party for 2019 and making pre-funding of 100 % of the maximum amount of the contribution subject to certain prior repayments - Regulation (EU, Euratom) No 1141/2014 - Rights of defence)
(2021/C 28/56)
Language of the case: English

Parties


Applicant: Alliance of Conservatives and Reformists in Europe (ACRE) (Brussels, Belgium) (represented by: E. Plasschaert and É. Montens, lawyers)

Defendant: European Parliament (represented by: C. Burgos and S. Alves, acting as Agents)

Intervener in support of the defendant: Authority for European Political Parties and European Political Foundations (represented by: M. Adam and A. Cilea, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking, first, partial annulment of the decision of the Parliament of 10 December 2018 declaring certain expenditure ineligible for the purposes of a grant for 2017 and ordering repayment of a donation and, secondly, of Parliament Decision FINS-2019-5, notified to the applicant on 14 January 2019, concerning the award of a contribution to the applicant for 2019, in so far as that decision makes pre-funding equivalent to 100 % of the maximum amount of the contribution subject to certain prior repayments.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Parliament of 10 December 2018 declaring certain expenses ineligible for a grant for the year 2017 and ordering the return of a donation in so far as it reclassifies the expenses relating to the conference held in Kampala (Uganda) from 13 to 15 July 2017, namely, EUR 91 546,58, as ineligible for funding;










2.


Annuls Decision FINS-2019-5 of the Parliament of 14 January 2019 on the granting of a contribution to the Alliance of Conservatives and Reformists in Europe (ACRE) for the year 2019 in so far as Article I.5.1 thereof makes the payment of pre-funding equivalent to 100 % of the maximum amount of the contribution subject to certain prior reimbursements;










3.


Dismisses the action as to the remainder;










4.


Orders the European Parliament, in addition to bearing its own costs, to pay one third of those incurred by ACRE. ACRE is to bear two thirds of its own costs;










5.


Orders the Authority for European Political Parties and European Political Foundations to pay its own costs.






(1)  OJ C 139, 15.4.2019.