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Case T-42/06: Judgment of the General Court (Third Chamber) of 19 March 2010 — Gollnisch v Parliament (Privileges and immunities — Member of the European Parliament — Decision not to defend his privileges and immunities — Action for annulment — No longer any interest in bringing proceedings — No need to adjudicate — Action for damages — Conduct alleged against the Parliament — Sufficiently serious breach of a rule of law conferring rights on individuals — Causal link)

ECLI:EU:UNKNOWN:62006TA0042

62006TA0042

March 19, 2010
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22.5.2010

Official Journal of the European Union

C 134/29

(Case T-42/06) (<span class="super">1</span>)

(Privileges and immunities - Member of the European Parliament - Decision not to defend his privileges and immunities - Action for annulment - No longer any interest in bringing proceedings - No need to adjudicate - Action for damages - Conduct alleged against the Parliament - Sufficiently serious breach of a rule of law conferring rights on individuals - Causal link)

2010/C 134/48

Language of the case: French

Parties

Applicant: Bruno Gollnisch (Limonest, France) (represented by: W. de Saint Just and G. Dubois, lawyers)

Defendant: European Parliament (represented by: H. Krück, C. Karamarcos and A. Padowska and subsequently by H. Krück, D. Moore and A. Padowska, Agents)

Re:

Application for, first, annulment of the decision of the European Parliament of 13 December 2005 not to defend the immunity and privileges of Mr Bruno Gollnisch and, second, compensation for the damage suffered by Mr Gollnisch as a result of that decision

Operative part of the judgment

The Court:

1.Rules that there is no need to adjudicate on the claim for annulment;

2.Dismisses the claim for damages;

3.Orders the European Parliament to bear its own costs and to pay two thirds of the costs incurred by Mr Bruno Gollnisch, including those relating to the application for interim measures;

4.Orders Mr Bruno Gollnisch to bear one third of his costs, including those relating to the application for interim measures.

(<span class="super">1</span>) OJ C 86, 8.4.2006.

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