Judgment of the General Court (Sixth Chamber) of 8 November 2018.Mylène Troszczynski v European Parliament.Law governing the institutions — Member of the European Parliament — Privileges and immunities — Decision to lift parliamentary immunity — Activity unconnected to the functions of a Member — Procedure for lifting immunity — Non-contractual liability — Damage — Causal link.Case T-550/17.

Judgment // 08/11/2018 // 4 min read
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Judgment of the General Court (Sixth Chamber) of 8 November 2018 –Troszczynski v Parliament

(Case T‑550/17)

(Law governing the institutions — Member of the European Parliament — Privileges and immunities — Decision to lift parliamentary immunity — Activity unconnected to the functions of a Member — Procedure for lifting immunity — Non-contractual liability — Damage — Causal link)

  1. Privileges and immunities of the European Union — Members of the European Parliament — Immunity in respect of opinions expressed and votes cast in the performance of their duties — Scope — Impossibility of waiving that immunity — Verification by the Parliament of the conditions for recognition thereof

(Protocol on the Privileges and Immunities of the European Union, Arts 8 and 9)

(see paras 33, 34, 37)

  1. Privileges and immunities of the European Union — Members of the European Parliament — Immunity — Request for waiver of immunity — Discretion of the Parliament — Judicial review — Scope

(Protocol on the Privileges and Immunities of the European Union, Art. 9)

(see paras 43, 44)

  1. Privileges and immunities of the European Union — Members of the European Parliament — Immunity in respect of opinions expressed and votes cast in the performance of their duties — Meaning of opinion expressed in the performance of their duties — Application in the context of judicial proceedings opened against a member of Parliament — Need for a direct and obvious link between the opinion expressed and the parliamentary duties

(Protocol on the Privileges and Immunities of the European Union, Arts 8 and 9)

(see paras 46, 47)

  1. Privileges and immunities of the European Union — Members of the European Parliament — Immunity in respect of opinions expressed and votes cast in the performance of their duties — Meaning of opinion expressed in the performance of their duties — Need for a direct and obvious link between the opinion expressed and the parliamentary duties — Sending a tweet appearing to intend to focus on conduct contrary to national law and not as a position on general current issues — No link — Inapplicability of the immunity

(Protocol on the Privileges and Immunities of the European Union, Arts 8 and 9)

(see paras 53, 54)

  1. Privileges and immunities of the European Union — Members of the European Parliament — Immunity in respect of opinions expressed and votes cast in the performance of their duties — Subject-matter

(Arts 2 and 6 (1) TEU; Charter of Fundamental Rights of the European Union, Art. 11; Protocol on the Privileges and Immunities of the European Union, Art. 8)

(see paras 57, 58)

  1. Privileges and immunities of the European Union — Members of the European Parliament — Immunity — Request for waiver of immunity — Conditions — Determination by the Parliament — Distinct examination from that seeking to establish the reality of the alleged facts

(Protocol on the Privileges and Immunities of the European Union, Art. 8)

(see paras 61, 62, 96)

  1. Privileges and immunities of the European Union — Members of the European Parliament — Immunity — Notice of a committee of the Parliament concerning practice in the matter of the privileges and immunities of Members — Binding nature — None

(Protocol on the Privileges and Immunities of the European Union, Art. 8)

(see para. 76)

  1. Action for annulment — Contested act — Assessment of legality in the light of the information available at the time of adoption of the measure

(Art. 263 TFEU)

(see para. 101)

  1. Privileges and immunities of the European Union — Members of the European Parliament — Immunity — Decision to waive immunity — Decision adopted without debate in plenary session — Submission of observations by the Member concerned before the parliamentary committee — No possibility to express himself in plenary session — Infringement of the right to be heard — None

(Charter of Fundamental Rights of the European Union, Art. 41(2)(a); European Parliament’s Rules of Procedure, Arts 9(9) and 150(2))

(see paras 105-109, 118, 119)

  1. Non-contractual liability — Conditions — Unlawfulness — Injury — Causal link — One of the conditions not satisfied — Claim for compensation dismissed in its entirety

(Art. 340, second para., TFEU)

(see paras 123, 124)

Re:

First, application based on Article 263 TFEU seeking annulment of the decision of 14 June 2017 by which the Parliament lifted the applicant’s immunity and, second, application based on Article 268 TFEU seeking compensation for the non-material damage which the applicant claims to have suffered.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders Mylène Troszczynski to pay the costs.

Privileges and immunities , Provisions governing the Institutions