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Case T-27/17: Judgment of the General Court of 17 October 2018 — Jalkh v Parliament (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)
ECLI:EU:UNKNOWN:62017TA0027
62017TA0027
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3.12.2018
Official Journal of the European Union
C 436/41
(Case T-27/17) (*)
((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.
(*) Language of the case: French.
(1) OJ C 70, 6.3.2017.