CELEX: 62009TJ0149
Language: en
Date: 2011-03-24
Title: Judgment of the General Court (Eighth Chamber) of 24 March 2011. # Densmore Ronald Dover v European Parliament. # Rules governing the payment of expenses and allowances to Members of the European Parliament - Review of the use of allowances - Parliamentary assistance allowance - Justification of expenditure - Recovery of undue payments. # Case T-149/09.

Judgment of the General Court (Eighth Chamber) of 24 March 2011 – Dover v Parliament
      (Case T-149/09)
      Rules governing the payment of expenses and allowances to Members of the European Parliament – Review of the use of allowances – Parliamentary assistance allowance – Justification of expenditure – Recovery of undue payments
      1.                     Procedure – Measures of organisation of procedure – Request that internal documents of an institution be removed from the
            file – Documents irregularly obtained – Retention on file – Criteria (see paras 61-63)
      2.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Decision of the Secretary-General of the European Parliament
            concerning the recovery of sums paid to an MEP by way of parliamentary assistance allowance – Duty to state specific, adequate
            reasons for each amount regarded as unjustified (Art. 253 EC) (see paras 98-99, 109, 111)
      3.                     European Parliament – Regulation governing the payment of expenses and allowances to Members of the European Parliament –
            Parliamentary assistance allowance – Lack of documents to evidence use in accordance with rules – Obligation to repay – Conditions
            for granting the allowance met at the time of the application – No effect (see paras 122-124)
      4.                     European Parliament – Regulation governing the payment of expenses and allowances to Members of the European Parliament –
            Parliamentary assistance allowance – Provider of parliamentary assistance services not having honoured his tax obligations
            arising from the fees relating thereto – Liability of the MEP making the application vis-à-vis the Parliament – None (see
            paras 150-155)
      Re:
      
         
               APPLICATION for annulment of Decision D (2009) 4639 of the Secretary-General of the European Parliament of 29 January 2009
                  concerning the recovery of sums paid to the applicant by way of parliamentary allowances.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls Decision D (2009) 4639 of the Secretary-General of the European Parliament of 29 January 2009 as regards the recovery
                     of the sum of GBP 193 001;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Dismisses the action as to the remainder;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the Parliament and Mr Densmore Ronald Dover each to bear their own costs.