Gorostiaga Atxalandabaso v Parliament (Law governing the institutions) French Text [2005] EUECJ T-146/04 (22 December 2005)

Gorostiaga Atxalandabaso v Parliament (Law governing the institutions) French Text [2005] EUECJ T-146/04 (22 December 2005)

The Tribunal held that Article 27(4) of the FID Regulation constitutes a lex specialis for compensation procedures and requires specific procedural guarantees, including a decision by the Bureau and prior hearing of the deputy. The Secretary General was not competent to order compensation without Bureau...

Source-derived case information.

Citation
[2005] EUECJ T-146/04
Parties
Applicant: Koldo Gorostiaga Atxalandabaso; Respondent: Parlement européen; Intervener: Royaume d'Espagne
Jurisdiction
European Union
Procedural Posture
Annulment Proceedings / Final Judgment
Outcome
decision annulled in part
Legal Topics
Parliamentary Indemnities, Debt Recovery, Compensation Procedures, Procedural Guarantees
European Union Law Administrative Law Parliamentary Indemnities Debt Recovery Compensation Procedures Procedural Guarantees

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Summary, issues, holding and outcome

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Parties

Koldo Gorostiaga Atxalandabaso

Applicant

Parlement européen

Respondent

Royaume d'Espagne

Intervener

Procedural Posture

Annulment Proceedings / Final Judgment

  1. 1 Whether the Secretary General was competent to order compensation for recovery of parliamentary indemnities
  2. 2 Whether the procedure under Article 27(4) of the FID Regulation was required
  3. 3 Whether procedural guarantees for compensation were observed

Ratio Decidendi

The Tribunal held that Article 27(4) of the FID Regulation constitutes a lex specialis for compensation procedures and requires specific procedural guarantees, including a decision by the Bureau and prior hearing of the deputy. The Secretary General was not competent to order compensation without Bureau authorization. The decision was annulled insofar as it ordered compensation without following the required procedure.

Court Disposition

decision annulled in part

Orders

  • The decision of the Secretary General dated 24 February 2004 is annulled insofar as it orders recovery by compensation.
  • Parliament to bear its own costs.