CELEX: C2003/275/40
Language: en
Date: 2003-11-15 00:00:00
Title: Case C-208/03 P: Appeal brought on 15 May 2003 (fax 10.05.2003) by J.M. Le Pen against the judgment delivered on 10 April 2003 by the Fifth Chamber of the Court of First Instance of the European Communities in Case T-353/00 between J.M. Le Pen and the European Parliament, supported by the French Republic

15.11.2003             EN                        Official Journal of the European Union                                                C 275/23
Appeal brought on 15 May 2003 (fax 10.05.2003) by                        Although in principle emanating from the President of the
J.M. Le Pen against the judgment delivered on 10 April                   Parliament, the act is in the form of a communication to the
2003 by the Fifth Chamber of the Court of First Instance                 effect that the European Parliament takes note of the notifi-
of the European Communities in Case T-353/00 between                     cation from the French Government confirming Mr Le Pen’s
J.M. Le Pen and the European Parliament, supported by                    removal from office.
                      the French Republic
                        (Case C-208/03 P)                                This is an act of a threefold nature:
                         (2003/C 275/40)                                 —      it has legal effects: in this case it is an act of the European
                                                                                Parliament affecting Mr Le Pen’s legal position, his
                                                                                removal from office being announced or found by the
                                                                                contested act;
An appeal against the judgment delivered on 10 April 2003
by the Fifth Chamber of the Court of First Instance of the
European Communities in Case T-353/00 Le Pen v European                  —      it is definitive in nature, since it is an act which cannot be
Parliament was brought before the Court of Justice of the                       described as preparatory;
European Communities on 15 May 2003 (fax 10.5.2003) by
J.M. Le Pen, represented by F. Wagner, lawyer.
                                                                         —      it has effects beyond the purely internal sphere of the
                                                                                Parliament, since it affects Mr Le Pen’s legal position and
                                                                                civil and political rights. The said decision by the President
The appellant claims that the Court should:                                     of the European Parliament concerns the legal status of
                                                                                the appellant, by depriving him of his elective office,
—     declare the appeal by J.M. Le Pen against the judgment of                 thus affecting electoral representation and ex post facto
      10 April 2003 of the Court of First Instance to be                        distorting the result of the elections.
      admissible;
—     declare the action brought by J.M. Le Pen against the
      decision taken in the form of a declaration by the                 It is therefore a reviewable act and an action against it appears
      President of the European Parliament of 23 October 2003            to be possible given its very nature.
      in the following terms: ‘Pursuant to Article 12(2) of the
      1976 Act, the European Parliament takes note of the
      notification from the French Government confirming
      [the appellant’s] removal from office’ to be admissible;           It would appear that, by a mistaken assessment of law and
                                                                         fact, the Court of First Instance did not distinguish between
                                                                         the question of admissibility (nature of the act) and substance
—     set aside the contested judgment in whole or in part as            (competence of the author of the act).
      regards its various limbs and grounds;
—     give judgment on the points of law, quashing the
      contested judgment, or, in the alternative refer the case          It is only by retroactive reasoning, depriving an individual of
      back to the Court of First Instance pursuant to Article 54         the legal decision to which he is entitled, that the Court of First
      of the Statute of the Court;                                       Instance, considering that the act had no substantive validity
                                                                         by reason of the lack of competence of its author, concluded
—     declare the contested act null and void;                           that it not exist and that therefore the action was inadmissible.
—     award J.M. Le Pen the sum of FRF 50 000 (or
      EUR 7 622,45) as irrecoverable expenses;
                                                                         Since the appeal should be held admissible, the action for the
                                                                         annulment of the decision by the President of the European
—     order the European Parliament to pay all the costs of the          Parliament of 23 October 2003 is based on the pleas in law
      appeal.                                                            and main arguments relied upon in the action lodged on
                                                                         21 November 2000 (1).
Pleas and main arguments
                                                                         (1) Case T-353/00 Le Pen v European Parliament, OJ C 28 of
                                                                              27.1.2001, p. 27.
The appeal is based on an infringement of Community law
committed by the Court of First Instance with regard to the
admissibility of the action against the contested act.