Bennahmias v Parliament (Judgment) French Text [2021] EUECJ T-798/19 (24 March 2021)

Bennahmias v Parliament (Judgment) French Text [2021] EUECJ T-798/19 (24 March 2021)

The applicant failed to provide sufficient evidence that the assistant performed work necessary and directly linked to the exercise of the parliamentary mandate as required by the applicable rules. The Parliament was correct to require reimbursement, and the decision was adequately reasoned, with no error in the...

Source-derived case information.

Citation
[2021] EUECJ T-798/19
Parties
Applicant: Jean-Luc Bennahmias; Respondent: Parliament européen
Jurisdiction
European Union
Procedural Posture
Annulment Proceedings (article 263 Tfeu) / Final Judgment
Outcome
Application dismissed
Legal Topics
Parliamentary Assistance Allowance, Recovery of Undue Payments, Burden of Proof, Duty to Give Reasons, Error of Law, Error of Fact, Proportionality
EU Institutional Law Employment Law Parliamentary Assistance Allowance Recovery of Undue Payments Burden of Proof Duty to Give Reasons Error of Law Error of Fact +1 more

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Parties

Jean-Luc Bennahmias

Applicant

Parliament européen

Respondent

Procedural Posture

Annulment Proceedings (article 263 Tfeu) / Final Judgment

  1. 1 Whether the decision to recover parliamentary assistance allowances was sufficiently reasoned
  2. 2 Whether there was an error in the assessment of evidence of work performed by the assistant
  3. 3 Whether the burden of proof was correctly allocated

Ratio Decidendi

The applicant failed to provide sufficient evidence that the assistant performed work necessary and directly linked to the exercise of the parliamentary mandate as required by the applicable rules. The Parliament was correct to require reimbursement, and the decision was adequately reasoned, with no error in the allocation of the burden of proof or violation of proportionality.

Court Disposition

Application dismissed

Orders

  • The application is rejected.
  • Jean-Luc Bennahmias is ordered to pay his own costs and those of the Parliament.