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Case T-26/17: Judgment of the General Court of 17 October 2018 — Jahlk v Parliament (Privileges and immunities — Member of the European Parliament — Decision to waive parliamentary immunity — Connection with the duties of a Member of the European Parliament — Equal treatment — Legal certainty — Legitimate expectations — Procedure for waiving immunity — Rights of defence — Misuse of powers — Non-contractual liability)

ECLI:EU:UNKNOWN:62017TA0026

62017TA0026

October 17, 2018
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3.12.2018

Official Journal of the European Union

C 436/40

(Case T-26/17) (<span class="super note-tag">1</span>)

((Privileges and immunities - Member of the European Parliament - Decision to waive parliamentary immunity - Connection with the duties of a Member of the European Parliament - Equal treatment - Legal certainty - Legitimate expectations - Procedure for waiving immunity - Rights of defence - Misuse of powers - Non-contractual liability))

(2018/C 436/56)

Language of the case: French

Parties

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

Defendant: European Parliament (represented initially by M. Dean and S. Alonso de León, and subsequently by S. Alonso de León, N. Görlitz and S. Seyr, acting as Agents)

Re:

First, application based on Article 263 TFEU seeking annulment of Decision P8_TA(2016)0430 of the Parliament of 22 November 2016 waiving the applicant’s parliamentary immunity and, second, application based on Article 268 TFEU seeking compensation in respect of the harm allegedly suffered by the applicant.

Operative part of the judgment

The Court:

1.Dismisses the action;

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

(<span class="note"> <a id="ntr1-C_2018436EN.01004002-E0001" href="#ntc1-C_2018436EN.01004002-E0001">*1</a> </span>) OJ C 70, 6.3.2017.

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