Arnautu v Parliament (Judgment) French Text [2021] EUECJ T-740/20 (14 July 2021)

Arnautu v Parliament (Judgment) French Text [2021] EUECJ T-740/20 (14 July 2021)

The Tribunal found that the relevant provisions were sufficiently clear and precise, did not breach legal certainty or legitimate expectation, and that the applicant was afforded adequate opportunity to present her case in writing. The Tribunal further found that the applicant failed to provide sufficient evidence...

Source-derived case information.

Citation
[2021] EUECJ T-740/20
Parties
Applicant: Marie-Christine Arnautu; Respondent: European Parliament
Jurisdiction
European Union
Procedural Posture
Annulment Action Under Article 263 TFEU / Final Judgment
Outcome
application dismissed
Legal Topics
Parliamentary Allowances, Recovery of Undue Payments, Rights of Defence, Legal Certainty, Burden of Proof
European Union Law Institutional Law Parliamentary Allowances Recovery of Undue Payments Rights of Defence Legal Certainty Burden of Proof

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Parties

Marie-Christine Arnautu

Applicant

European Parliament

Respondent

Procedural Posture

Annulment Action Under Article 263 TFEU / Final Judgment

  1. 1 Whether Article 33(1) and (2) of the Parliament's implementing measures are illegal for lack of clarity and breach of legal certainty and legitimate expectation
  2. 2 Whether the applicant's rights of defence were violated by not being heard orally
  3. 3 Whether the Parliament committed errors of fact in assessing the evidence of actual parliamentary assistance

Ratio Decidendi

The Tribunal found that the relevant provisions were sufficiently clear and precise, did not breach legal certainty or legitimate expectation, and that the applicant was afforded adequate opportunity to present her case in writing. The Tribunal further found that the applicant failed to provide sufficient evidence that the sums paid corresponded to actual parliamentary assistance, and thus the recovery decision was lawful.

Court Disposition

application dismissed

Orders

  • The application is dismissed.
  • The applicant is ordered to pay the costs.