Judgment of the General Court of 17 October 2018 — Jalkh v Parliament

(Case T-27/17) (1)

((Privileges and immunities - Member of the European Parliament - Decision to waive parliamentary immunity - Relation with parliamentary duties - Equal treatment - Legal certainty - Legitimate expectation - Procedure for waiving immunity - Rights of the defence - Abuse of power - Non-contractual liability))

(2018/C 436/57)

Language of the case: French

Parties

Applicant: Jean-François Jalkh (Gretz-Armainvilliers, France) (represented by: initially J.-P. Le Moigne, then M. Ceccaldi, and finally F. Wagner, lawyers)

Defendant: Parliament (represented by: initially M. Dean and S. Alonso de León, then S. Alonso de León, N. Gorlitz and S. Syer, acting as Agents)

Re:

First, action brought under Article 263 TFEU seeking the annulment of Decision P8_TA(2016)9429 of the Parliament of 22 November 2016 waiving the applicant’s immunity; and, secondly, action brought under Article 268 TFEU seeking compensation for the harm which the applicant claimed to have suffered.

Operative part of the judgment

The Court:

1.	Dismisses the action;

2.	Orders Mr Jean-François Jalkh to bear his own costs and pay those incurred by the European Parliament, including the costs relating to the application for interim measures.

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(1)  OJ C 70, 6.3.2017.