CELEX: C2004/071/61
Language: en
Date: 2004-03-20 00:00:00
Title: 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

C 71/34                EN                         Official Journal of the European Union                                          20.3.2004
Action brought on 15 January 2004 by Jens Peter Bonde                     Pleas in law and main arguments
and others against the European Parliament and the
                Council of the European Union
                          (Case T-13/04)                                  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
                          (2004/C 71/61)                                  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
                  (Language of the case: English)                         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.
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,                The applicants also submit that the contested regulation
Paris, (France), Bent Hindrup Andersen, Horsens, (Denmark),               violates a number of fundamental rights, in particular the
Graham H. Booth, Paignton, (United Kingdom), Florence                     principle against discrimination, the freedom of thought,
Kuntz, Lyon, (France), Ulla Margrethe Sandbæk, Copenhagen,                conscience and religion, and the freedom of expression, which
(Denmark), Jeffrey William Titford, Frinton-on-Sea, (United               the applicants consider are violated by the requirement
Kingdom), Per Gahrton, Täby, (Sweden), Herman Schmid,                     for unconditional endorsement of European principles as a
Copenhagen, (Denmark), Jonas Sjöstedt, Umeå, (Sweden),                    precondition for funding, as well as the freedom of association
Pernille Frahm, Bjert, (Denmark), Roger Helmer, Lutterworth,              and assembly, allegedly violated because the contested regu-
(United Kingdom), Daniel J. Hannan, Geat Bookham, (United                 lation makes provision for eligibility thresholds which exclude
Kingdom), Georges Berthu, Longré, (France), Dominique                     minority parties and independent national political parties.
F. C. Souchet, Saint-Gemme la Plaine, (France), Thierry de la
Perriere, Luc-sur-Mer, (France), Hans Kronberger, Vienna,
(Austria), Jean-Louis Bernie, Nantes, (France), Yves Butel,
Amiens, (France) and Ole Krarup, Helsingor, (Denmark),
represented by J. Dhont, lawyer, with an address for service in
Luxembourg.
                                                                          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
The applicant claims that the Court should:
                                                                          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
—     Declare Regulation (EC) No. 2004/2003 of the European               co-legislator and will also be the one to implement and
      Parliament and of the Council of November 4, 2003, on               administer it. The applicants also consider that principles and
      the regulations governing political parties at European             traditions common to Member States are violated in that very
      level and the rules regarding their funding, null and void,         high thresholds are set for funding and allegiance to certain
      or in second order, declare certain parts null and void,            European political ideals is required. The applicants also invoke
      or in third order only, order lawful application and                a misuse of powers by the European Parliament and the
      implementation of the European Political Parties Regu-              Council, and violations of the principles of proportionality
      lation so that Applicant’s objections are effectively               and of subsidiarity.
      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.