Judgment of the General Court (Sixth Chamber) of 1 December 2021 –Jalkh v Parliament
(Case T‑230/21)
(Law governing the institutions – Member of the European Parliament – Privileges and immunities – Decision to waive parliamentary immunity – Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union – Procedure for waiving immunity – Manifest error of assessment)
- 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 23, 24)
- Actions for annulment – Pleas – Infringement of essential procedural requirements – Scope – Infringement of procedural rules – Annulment only where it is established that in the absence of the procedural irregularity the contested decision would have been substantially different
(Art. 263 TFEU)
(see para. 29)
- Privileges and immunities of the European Union – Members of the European Parliament – Immunity – Request for waiver of immunity – Conditions
(Protocol on the Privileges and Immunities of the European Union, Art. 9; Rules of Procedure of the European Parliament, Art. 9)
(see paras 42-44, 65, 68, 72)
- 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
(Protocol on the privileges and immunities of the European Union, Art. 8)
(see para. 59)
Re:
Application under Article 263 TFEU for annulment of European Parliament decision P9_TA(2021)0092 of 25 March 2021 on the request for waiver of the immunity of the applicant (2020/2110(IMM)).
Operative part
The Court:
-
Dismisses the action;
-
Orders Mr Jean-François Jalkh to pay the costs, including those relating to the proceedings for interim measures.