CELEX: C2002/084/81
Language: en
Date: 2002-04-06 00:00:00
Title: Case C-484/01: Action brought on 13 December 2001 by the Commission of the European Communities against the French Republic

6.4.2002               EN                    Official Journal of the European Communities                                        C 84/47
Action brought on 13 December 2001 by the Commission                    European Communities in Joined Cases T-222/99, T-327/99
of the European Communities against the French Republic                 and T-329/99 between J.C. Martinez and Ch. de Gaulle, the
                                                                        Front National, E. Bonino and Others and the European
                         (Case C-484/01)                                Parliament was brought before the Court of Justice of the
                                                                        European Communities on 17 December 2001 by the Front
                                                                        National.
                          (2002/C 84/81)
                                                                        The appellant claims that the Court should:
An action against the French Republic was brought before the
Court of Justice of the European Communities on 13 December             —     declare admissible the appeal brought by the Front
2001 by the Commission of the European Communities,                           National against the judgment of 2 October 2001 of the
represented by R. Tricot, acting as Agent, with an address for                Court of First Instance of the European Communities,
service in Luxembourg.
                                                                        —     find that there has been an infringement of Community
The Commission of the European Communities claims that                        law by the Court of First Instance,
the Court should:
                                                                        —     quash the limbs and grounds of the contested judgment
—     declare that, by failing to adopt the laws, regulations and             in whole or in part,
      administrative measures necessary in order to comply
      with Council Directive 97/43/Euratom of 30 June 1997              —     rule in accordance with the law, set aside the contested
      on health protection of individuals against the dangers of              judgment, or, in the alternative, remit the case to the
      ionizing radiation in relation to medical exposure (1), or              Court of First Instance of the European Communities
      at any rate by failing to notify those measures to the                  pursuant to Article 54 of the Statute of the Court of
      Commission, the French Republic has failed to fulfil its                Justice,
      obligations under Article 14 of that directive;
—     order the French Republic to pay the costs.                       —     order the European Parliament to pay the whole of the
                                                                              costs.
Pleas in law and main arguments
                                                                        Pleas in law and main arguments
The pleas in law and main arguments are similar to those
advanced in Case C-389/01 (2); although the prescribed time-            —     Error of law as regards the application of Article 29(1) of
limit (13 May 2000) has expired, France has not yet adopted                   the Rules of Procedure of the European Parliament. The
the majority of the provisions necessary in order to transpose                constitution of a parliamentary group united around a
the directive into national law.                                              common idea, solidarity consisting in the search for a
                                                                              balance between the rights of all MEP’s or parliamen-
                                                                              tarians, cannot be refused on the grounds of a lack of
(1) OJ L 180 of 9.7.1997, p. 22.
(2) OJ C 348 of 8.12.2001, p. 16.
                                                                              political affinity.
                                                                        —     Lack of legal basis on the review by the Parliament as to
                                                                              the conformity with Rule 29(1) of the ‘Rules of Procedure
                                                                              of the Groupe Technique des Députés Indépendants’ (TDI
                                                                              group); infringement of the principle of equal treatment
                                                                              and of the provisions of the rules: contrary to what is
Appeal brought on 17 December 2001 by the Front                               stated by the Court of First Instance, Rule 180 does
National against the judgment of 2 October 2001 deliver-                      not give the Parliament power to monitor the correct
ed by the Third Chamber of the Court of First Instance of                     application and interpretation of its Rules of Procedure;
the European Communities in Joined Cases T-222/99,                            that rule solely allows the European Parliament to refer a
T-327/99 and T-329/99 between J.C. Martinez and Ch. de                        matter to the competent committee for its opinion. The
Gaulle, the Front National, E. Bonino and Others and the                      fact of having adopted a joint position and of constituting
                      European Parliament                                     a group in order to ensure that each MEP may exercise
                                                                              his parliamentary mandate in full constitutes political
                        (Case C-486/01 P)                                     affinity for the purposes of Rule 29(1). Contrary to
                                                                              paragraph 122 of the judgment, different component
                                                                              parts of the TDI group lodged documents in association
                          (2002/C 84/82)                                      with each other on several occasions.
                                                                        —     Infringement of the principle of equal treatment with
An appeal against the judgment delivered on 2 October 2001                    regard to members of the TDI group: while the Court of
by the Third Chamber of the Court of First Instance of the                    First Instance, in paragraph 165, seems to agree that there