Martinez and de Gaulle v Parliament (Law governing the institutions) [2001] EUECJ T-329/99 (02 October 2001)

Martinez and de Gaulle v Parliament (Law governing the institutions) [2001] EUECJ T-329/99 (02 October 2001)

The Court held that Rule 29(1) of the Rules of Procedure requires political affinity as a mandatory condition for forming a political group. The Parliament has competence to verify compliance with this requirement. The TDI Group's own rules and statements categorically excluded any political affinity, and thus the...

Source-derived case information.

Citation
[2001] EUECJ T-329/99
Parties
Applicant: Mr Martinez; Applicant: Mr De Gaulle; Applicant: Front national; Applicant: Mrs Bonino; Applicant: Mr Pannella; Applicant: Mr Cappato; Applicant: Mr Dell'Alba; Applicant: Mr Della Vedova; Applicant: Mr Dupuis; Applicant: Mr Turco; Applicant: La Lista Emma Bonino; Respondent: European Parliament
Jurisdiction
European Union
Procedural Posture
Action for Annulment (joined Cases T 222/99, T 327/99, T 329/99) / Judgment on Admissibility and Merits
Outcome
Actions dismissed
Legal Topics
Interpretation of Parliamentary Rules, Formation of Political Groups, Equal Treatment, Freedom of Association, Parliamentary Procedure
European Union Law Constitutional Law Administrative Law Interpretation of Parliamentary Rules Formation of Political Groups Equal Treatment Freedom of Association Parliamentary Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Martinez

Applicant

Mr De Gaulle

Applicant

Front national

Applicant

Mrs Bonino

Applicant

Mr Pannella

Applicant

Mr Cappato

Applicant

Mr Dell'Alba

Applicant

Mr Della Vedova

Applicant

Mr Dupuis

Applicant

Mr Turco

Applicant

La Lista Emma Bonino

Applicant

European Parliament

Respondent

Procedural Posture

Action for Annulment (joined Cases T 222/99, T 327/99, T 329/99) / Judgment on Admissibility and Merits

  1. 1 Whether the European Parliament's decision of 14 September 1999 interpreting Rule 29(1) of its Rules of Procedure and declaring the TDI Group non-existent is lawful
  2. 2 Whether Rule 29(1) requires political affinity as a mandatory condition for forming a political group
  3. 3 Whether the Parliament has competence to verify political affinity

Ratio Decidendi

The Court held that Rule 29(1) of the Rules of Procedure requires political affinity as a mandatory condition for forming a political group. The Parliament has competence to verify compliance with this requirement. The TDI Group's own rules and statements categorically excluded any political affinity, and thus the Parliament's decision to declare the group non-existent was lawful. The applicants' rights were not infringed as the requirement was applied objectively and within the Parliament's margin of discretion.

Court Disposition

Actions dismissed

Orders

  • The actions for annulment are dismissed as unfounded.
  • Applicants are ordered to pay the costs.