Judgment of the General Court (Fifth Chamber) of 20 September 2019.LL v European Parliament.Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Limitation.Case T-615/15 RENV.

Judgment of the General Court (Fifth Chamber) of 20 September 2019 –LL v Parliament

(Case T‑615/15 RENV)

(Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Limitation)

1. Acts of the institutions — Statement of reasons — Obligation — Scope — Assessment of the duty to state reasons by reference to the circumstances of the case — Need to specify all the relevant factual and legal elements — None

(Art. 296, second para. TFEU)

(see para. 47)

2. European Parliament — Rules on costs and indemnities of MEPs — Parliamentary assistance allowance — Lack of documents to evidence use in accordance with rules — Obligation to repay — Conditions for granting the allowance met at the time of the application — Irrelevant

(Rules governing the payment of expenses and allowances to Members of the European Parliament, Art. 14)

(see paras 64, 65)

3. European Parliament — Rules on costs and indemnities of MEPs — Parliamentary assistance allowance — Check relating to the use of parliamentary assistance costs — Burden of proof — Obligation to keep documents to evidence use of that indemnity

(Rules governing the payment of expenses and allowances to Members of the European Parliament, Art. 14; Decision of the Bureau of the Parliament concerning implementing measures for the Statute of Members of the European Parliament, Art. 68(1) and (3))

(see paras 66-71, 73, 83)

4. EU budget — Financial regulation — Recovery of debts due to the Union from third parties — Limitation period — Point from which time starts to run

(European Parliament and Council Regulation No 966/2012, Art. 81(1); Commission Regulation No 1268/2012, Art. 93(1))

(see paras 90-93)

5. European Parliament — Rules on costs and indemnities of MEPs — Recovery of sums unduly paid — Request for reimbursement in the form of a debit note — Duty to act within a reasonable time — Criteria for assessment

(Charter of Fundamental Rights of the European Union, Art. 41(1); Decision of the Bureau of the Parliament concerning implementing measures for the Statute of Members of the European Parliament, Art. 68(1) and (3); European Parliament and Council Regulation No 966/2012, Arts 78 and 81; Commission Regulation No 1268/2012, Arts 81, 82 and 93)

(see paras 94-97, 103-105)

6. European Parliament — Rules on costs and indemnities of MEPs — Recovery of sums unduly paid — Decision of the Secretary General of the Parliament — Duty to act within a reasonable time — Infringement of the rights of the defence — None

(Charter of Fundamental Rights of the European Union, Art. 41(1))

(see paras 106, 108)

7. Officials — Principles — Protection of legitimate expectations — Conditions — Unconditional assurances provided by the administration

(Rules governing the payment of expenses and allowances to Members of the European Parliament, Art. 14)

(see paras 109, 110)

Re:

Action under Article 263 TFEU seeking annulment of decision D(2014) 1553 of the Secretary-General of the Parliament of 17 April 2014 concerning the recovery from the applicant of the sum of EUR 37728 wrongfully paid as parliamentary assistance and of the debit note of 5 May 2014 relating thereto.

Operative part

The Court:

1. Dismisses the action;

2. Orders LL to bear his own costs and to pay those incurred by the European Parliament in the initial proceedings before the General Court, in Case T‑615/15, and in the present proceedings on referral, in Case T‑615/15 RENV;

3. Orders the Parliament to bear its own costs and to pay those incurred by LL in the appeal proceedings, in Case C‑326/16 P.