Official Journal of the European Union

C 213/58

(Case T-248/19)

(2019/C 213/57)

Language of the case: French

Parties

Applicant: Dominique Bilde (Lagarde, France) (represented by: F. Wagner, lawyer)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:

—annul the decision of the European Parliament P8_TA-PROV(2019)0137, of 12 March 2019, on the request for the waiver of the immunity of the applicant 2018/2267(IMM), and which actually waived the applicant’s immunity;

—order the Parliament to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

1.First plea in law, alleging infringement of Article 9 of Protocol (No 7) on the privileges and immunities of the European Union (OJ 2010 C 83, p. 266), of Article 5(1) and (5) of the Rules of Procedure of the European Parliament (OJ 2005 L 44, p. 1) and of the Communications to Members Nos 11/2003 and 22/2016.

2.Second plea in law, alleging an abuse of process, more specifically, infringement of Article 43 of the Communication to Members No 11/2016, inasmuch as the underlying purpose of the charges is to damage the applicant’s political activity, which constitutes a case of fumus persecutionis against him.

3.Third plea in law, alleging infringement of the general principles of EU law ‘ne bis in idem’ and ‘electa una via’, an abuse of process and a misuse of powers.