CELEX: C2002/017/20
Language: en
Date: 2002-01-19 00:00:00
Title: Judgment of the Court of First Instance of 2 October 2001 in Joined Cases T-222/99, T-327/99 and T-329/99: Jean-Claude Martinez and Others v European Parliament (Actions for annulment — Act of the European Parliament concerning a provision of its Rules of Procedure — Statement of formation of a group under Rule 29 of the Rules of Procedure of the European Parliament — Admissibility — Objection of illegality — Equal treatment — Observance of fundamental rights — Principles of democracy and proportionality — Freedom of association — Protection of legitimate expectations — Parliamentary traditions of the Member States — Breach of essential procedural requirements — Misuse of procedure)

C 17/12               EN                    Official Journal of the European Communities                                         19.1.2002
                                                       COURT OF FIRST INSTANCE
   JUDGMENT OF THE COURT OF FIRST INSTANCE                             statement of formation of the ‘Groupe technique des députés
                                                                       indépendants (TDI) — Groupe mixte’, — the Court of First
                                                                       Instance (Third Chamber, Extended Composition), composed
                      of 2 October 2001                                of J. Azizi, President, K. Lenaerts, R.M. Moura Ramos, M. Jaeger
                                                                       and M. Vilaras, Judges; J. Palacio González, Administrator, for
                                                                       the Registrar, has given a judgment on 2 October 2001, in
in Joined Cases T-222/99, T-327/99 and T-329/99: Jean-                 which it:
  Claude Martinez and Others v European Parliament (1)
                                                                       1.    Ordered the joinder of Cases T-222/99, T-327/99 and
                                                                             T-329/99 for the purposes of the judgment;
(Actions for annulment — Act of the European Parliament
concerning a provision of its Rules of Procedure — Statement
                                                                       2.    Dismissed the actions;
of formation of a group under Rule 29 of the Rules of
Procedure of the European Parliament — Admissibility —
Objection of illegality — Equal treatment — Observance                 3.    Ordered the applicants in each case to bear their own costs and
of fundamental rights — Principles of democracy and                          those incurred by the Parliament including, as regards Case
proportionality — Freedom of association — Protection of                     T-222/99, the costs relating to the application for interim
legitimate expectations — Parliamentary traditions of the                    measures.
Member States — Breach of essential procedural require-
                ments — Misuse of procedure)
                                                                       (1) OJ C 366 of 18.12.1999, C 47 of 19.2.2000 and C 63 of
                                                                           4.3.2000.
                        (2002/C 17/20)
            (Language of the case: French and Italian)
                                                                       ORDER OF THE PRESIDENT OF THE COURT OF FIRST
                                                                                                   INSTANCE
In Joined Cases T-222/99: Jean-Claude Martinez, Member of
the European Parliament, residing in Montpellier (France),
Charles de Gaulle, Member of the European Parliament,                                         of 5 September 2001
residing in Paris (France), represented by F. Wagner, lawyer,
applicants in Case T-327/99, Front national, established in
Saint-Cloud (France), represented by A. Nivière, lawyer, and           in Case T-74/00 R: Artegodan GmbH v Commission of
T-329/99, Emma Bonino, Member of the European Parliament,                                 the European Communities
residing in Rome (Italy), Marco Pannella, Member of the
European Parliament, residing in Rome, Marco Cappato,                  (Proceedings for interim relief — Article 108 of the Rules of
Member of the European Parliament, residing in Vedano al                   Procedure — Change in circumstances — No change)
Lambro (Italy), Gianfranco Dell’Alba, Member of the European
Parliament, residing in Leghorn (Italy), Benedetto Della Vedova,
Member of the European Parliament, residing in Tirano (Italy),                                   (2002/C 17/21)
Olivier Dupuis, Member of the European Parliament, residing
in Rome, Maurizio Turco, Member of the European Parliament,
residing in Pulsano (Italy), Lista Emma Bonino, established in                             (Language of the case: German)
Rome, represented initially by A. Tizzano and G. M. Roberti,
lawyers, and subsequently by G. M. Roberti, against European
Parliament (Agents: G. Garzón Clariana, J. Schoo, H. Krück
and A. Caiola) — application for the annulment in Case                 In Case T-74/00 R: Artegodan GmbH, established in Lüchow
T-222/99 of the European Parliament’s decision of 14 Septem-           (Germany), represented by U. Doepner, lawyer, with an
ber 1999 on the interpretation of Rule 29(1) of the Rules of           address for service in Luxembourg, against Commission of the
Procedure of the European Parliament; in Case T-327/99 of              European Communities (Agents: H. Støvlbæk and B. Wägen-
the European Parliament’s decision of 14 September 1999                baur) — application by the defendant under Article 108 of the
dissolving with retroactive effect the ‘Groupe technique des           Rules of Procedure of the Court of First Instance for cancel-
députés indépendants (TDI) — Groupe mixte’; and in Case                lation of the order of the President of Court of First Instance
T-329/99 of the European Parliament’s decision of 14 Septem-           of 28 June 2000 in Case T-74/00 R Artegodan v Commission
ber 1999 in which it adopted the view taken by the Committee           [2000] ECR II-2583 — the President of the Court of First
on Constitutional Affairs on the conformity with Rule 29 of            Instance made an order on 5 September 2001, the operative
the Rules of Procedure of the European Parliament of the               part of which is as follows: