What does the claim that unemployment will be reclaimed mean?

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JUDGMENT OF THE COURT (Grand Chamber)

June 14, 2016 (* 1)

"Appeal - Member of the European Parliament - Allowance for parliamentary assistance - Recovery of excess amounts paid - Confiscation - Implementing provisions for the Statute for Members of Parliament - Respect for the rights of the defense - Principle of impartiality - Limitation period - Regulation (EU, Euratom) No. 966/2012 - Art 78 to 81 - Delegated Regulation (EU) No. 1268/2012 - Art. 81, 82 and 93 - Principle of the protection of legitimate expectations - Appropriate time period "

In Case C ‑ 566/14 P

regarding an appeal under Article 56 of the Statute of the Court of Justice of the European Union, filed on December 6, 2014,

Jean-Charles Marchiani, resident in Toulon (France), represented by: C.-S. Marchiani,

Appellant,

other party to the proceedings:

European Parliament, represented by G. Corstens and S. Seyr as authorized agents, address for service in Luxembourg,

Defendant at first instance,

he let

THE COURT (Grand Chamber)

composed of: K. Lenaerts, President, A. Tizzano Vice-President, R. Silva de Lapuerta, President of the Chamber, M. Ilešič (Rapporteur), Presidents of the Chamber, JL da Cruz Vilaça and A. Arabadjiev, C. Toader, President of the Chamber, D. Šváby and F. Biltgen and the judges J.-C. Bonichot, M. Safjan, E. Jarašiūnas, C. G. Fernlund, C. Vajda and S. Rodin,

Advocate General: M. Wathelet,

Chancellor: V. Giacobbo-Peyronnel, Member of the Board of Directors,

on the basis of the written procedure and the oral hearing on December 8, 2015,

after hearing the Opinion of the Advocate General at the sitting on 19 January 2016

the following

judgment

1

In his appeal, Mr Jean-Charles Marchiani seeks the annulment of the judgment of the General Court of the European Union of 10 October 2014, Marchiani v Parliament (T ‑ 479/13, not published, hereinafter: judgment under appeal, EU: T: 2014: 866 ), in which the court brought its action for the annulment of the decision of the Secretary General of the European Parliament of 4 July 2013 on the confiscation of an amount of EUR 107,694.72 from the appellant (hereinafter: the contested decision) and the associated request for payment no. 2013- 807 of 5 July 2013 (hereinafter: the disputed request for payment).

legal framework

Union law

Regulation (EU, Euratom) No. 966/2012

2

Regulation (EU, Euratom) No. 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial regulation applicable to the general budget of the Union and repealing Regulation (EC, Euratom) No. 1605/2002 of the Council (OJ . 2012, L 298, p. 1) stipulates in its Art. 78 ("Establishing claims"):

“(1) The establishment of a claim is the act by which the authorized or sub-delegated authorizing officer

a)

checks the existence of the debtor's liabilities,

b)

determines or verifies the existence and amount of the debt,

c)

Checks the due date of the debt.

(2) The authorizing officer responsible shall establish the own resources made available to the Commission and any outstanding, quantified and due claim by issuing a recovery order to the accounting officer and then sending the debtor a request for payment.

(3) Amounts paid without cause will be confiscated.

4. The Commission is empowered to adopt delegated acts in accordance with Article 210 laying down detailed rules on the establishment of claims, including procedures and supporting documents and interest on late payments. "

3

Art. 79 ("Order of collections") of this ordinance provides in paragraph 1:

"A recovery order is the act by which the authorizing officer responsible, by issuing a recovery order, instructs the accounting officer to recover a claim established by that authorizing officer."

4

Art. 80 ("Confiscation Rules") Paragraph 1 of the regulation reads:

“The accounting officer carries out recovery orders duly drawn up by the authorizing officer responsible. The accounting officer ensures, in accordance with his duty of care, that the rights of the Union are respected and that its revenue is received.

Claims by the Union against a debtor who himself has made a claim against the Union are offset by the accounting officer when they are recovered. Such claims must be free of objection, quantified and due. "

5

Article 81 ("Limitation Period") of Regulation No. 966/2012 provides:

"(1) Without prejudice to the provisions of special regulations and the application of Decision 2007/436 / EC, Euratom [of the Council of 7 June 2007 on the system of the European Communities' own resources (OJ 2007, L 163, p. 17)] There is a limitation period of five years for the claims of the Union against third parties and for the claims of third parties against the Union.

2. The Commission is empowered to adopt delegated acts in accordance with Article 210 laying down detailed rules on the limitation period. "

6

Art. 81 (1) of Regulation No. 966/2012 corresponds to Art. 73a of Regulation (EC, Euratom) No. 1605/2002 of the Council of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002, L 248, p. 1) as amended by Council Regulation (EC, Euratom) No. 1995/2006 of 13 December 2006 (OJ 2006, L 390, p. 1).

Delegated Regulation (EU) No. 1268/2012

7

Article 81 of the Commission delegated regulation (EU) No. 1268/2012 of October 29, 2012 on the application provisions for Regulation No. 966/2012 (OJ 2012, L 362, p. 1) reads:

“To establish a claim, the authorizing officer responsible shall ensure that

a)

the claim without objection, d. H. is not tied to any condition;

b)

the claim is for money, d. H. is expressed in an exact amount of money;