Дело T-***/**: *****************, Съдебно решение от **.**.2023 г.

Текст

... sistance allowance – Recovery of sums unduly paid – Obligation to state reasons – Independence of Members – Error of assessment)

In Case T‑249/21,

SN, represented by P. Eleftheriadis, Barrister,

applicant,

v

European Parliament, represented by N. Görlitz, T. Lazian and M. Ecker, acting as Agents,

defendant,

THE GENERAL COURT (Fifth Chamber),

composed, at the time of the deliberations, of D. Spielmann, President, R. Mastroianni and I. Gâlea (Rapporteur), Judges,

Registrar: M. Zwozdziak-Carbonne, Administrator,

having regard to the written part of the procedure,

further to the hearing on 16 November 2022,

gives the following

Judgment

1. By her action based on Article 263 TFEU, the applicant, SN, seeks annulment of the decision of the Secretary-General of the European Parliament of 21 December 2020 concerning the recovery of a sum of EUR 196 199.84 unduly paid by way of parliamentary assistance allowance (‘the contested decision’) and of the corresponding debit note of 15 January 2021 (‘the debit note’).

Background to the dispute

2. The applicant was a Member of Parliament from 2014 to 2019.

3. On 17 May 2016, the Parliament concluded with A (‘the parliamentary assistant’), on the basis of Article 5a of the Conditions of Employment of Other Servants of the European Union (‘the CEOS’), an employment contract as a full-time accredited parliamentary assistant in Brussels (Belgium) for the period from 17 May 2016 to the end of the parliamentary term. The contract stated that the parliamentary assistant would primarily perform drafting and advisory duties, but could also be ...