Jalkh v Parliament (Judgment) French Text [2021] EUECJ T-230/21 (01 December 2021)

Jalkh v Parliament (Judgment) French Text [2021] EUECJ T-230/21 (01 December 2021)

The Tribunal found that the applicant failed to establish any procedural irregularity that could have affected the outcome of the decision to lift his immunity. The facts at issue did not concern opinions or votes protected by Article 8 of Protocol No 7. The Parliament acted within its broad discretion under Article...

Source-derived case information.

Citation
[2021] EUECJ T-230/21
Parties
Applicant: Jean-François Jalkh; Respondent: Parlement européen
Jurisdiction
European Union
Procedural Posture
Annulment Action (article 263 Tfeu) / Final Judgment
Outcome
application dismissed
Legal Topics
Parliamentary Immunity, Privileges and Immunities of EU Parliament Members, Procedure for Lifting Immunity, Manifest Error of Assessment, Rights of Defence
EU Institutional Law Parliamentary Law Parliamentary Immunity Privileges and Immunities of EU Parliament Members Procedure for Lifting Immunity Manifest Error of Assessment Rights of Defence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Jean-François Jalkh

Applicant

Parlement européen

Respondent

Procedural Posture

Annulment Action (article 263 Tfeu) / Final Judgment

  1. 1 Whether the decision to lift the applicant's parliamentary immunity was vitiated by procedural errors
  2. 2 Whether the applicant's rights of defence were violated
  3. 3 Whether the facts fell within the scope of parliamentary immunity under Articles 8 and 9 of Protocol No 7

Ratio Decidendi

The Tribunal found that the applicant failed to establish any procedural irregularity that could have affected the outcome of the decision to lift his immunity. The facts at issue did not concern opinions or votes protected by Article 8 of Protocol No 7. The Parliament acted within its broad discretion under Article 9, and there was no evidence of political persecution (fumus persecutionis) or manifest error of assessment. The applicant's rights of defence were not violated, and the remote procedure was valid under the Parliament's internal rules.

Court Disposition

application dismissed

Orders

  • The application is rejected.
  • Jean-François Jalkh is ordered to pay the costs, including those relating to the interim relief proceedings.