CELEX: 62019TN0248
Language: en
Date: 2019-04-12 00:00:00
Title: Case T-248/19: Action brought on 12 April 2019 — Bilde v Parliament

24.6.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 213/58
            
         
      Action brought on 12 April 2019 — Bilde v Parliament
      (Case T-248/19)
      (2019/C 213/57)
      Language of the case: French
      
         Parties
      
      
         Applicant: Dominique Bilde (Lagarde, France) (represented by: F. Wagner, lawyer)
      
         Defendant: European Parliament
      
         Form of order sought
      
      The applicant claims that the Court should:
      
                  —
               
               
                  annul the decision of the European Parliament P8_TA-PROV(2019)0137, of 12 March 2019, on the request for the waiver of the immunity of the applicant 2018/2267(IMM), and which actually waived the applicant’s immunity;
               
            
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                  order the Parliament to pay the costs.
               
            
         Pleas in law and main arguments
      
      In support of the action, the applicant relies on three pleas in law.
      
                  1.
               
               
                  First plea in law, alleging infringement of Article 9 of Protocol (No 7) on the privileges and immunities of the European Union (OJ 2010 C 83, p. 266), of Article 5(1) and (5) of the Rules of Procedure of the European Parliament (OJ 2005 L 44, p. 1) and of the Communications to Members Nos 11/2003 and 22/2016.
               
            
                  2.
               
               
                  Second plea in law, alleging an abuse of process, more specifically, infringement of Article 43 of the Communication to Members No 11/2016, inasmuch as the underlying purpose of the charges is to damage the applicant’s political activity, which constitutes a case of fumus persecutionis against him.
               
            
                  3.
               
               
                  Third plea in law, alleging infringement of the general principles of EU law ‘ne bis in idem’ and ‘electa una via’, an abuse of process and a misuse of powers.