March 30
2020
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19th February 2020
Institutional law Justice & Litigation

European Council faces legal action for alleged omission to fight against conflict of interest of Czech Prime Minister

The action (T-715/19) has been published in the Official Journal. This is a case that has been brought before the General Court (GC) by Lukáš Wagenknecht against the European Council for its failure to act in relation to the conflict of interest of Mr. Andrej Babiš, the Czech Prime Minister concerning the EU budget.

The applicant in the case, a Czech auditor and Senator, claims that he sent an invitation to act to the European Council by a letter of 5 June 2019, and a call to act under Article 265 TFEU on 10 June 2019, requesting it not to invite Mr Andrej Babiš, due to an alleged conflict of interest, to the meeting of the European Council of 20 June 2019 where the EU budget was discussed. The applicant complains that in spite of his call, the Czech prime minister was present at the European Council meeting of 20 June 2019 and claims that the European Council’s reply to his invitation to act was inconclusive and contradictory, failing to define its position.

According to the application, the European Council would have breached its obligation to act against conflicts of interest under Article 325(1) of the Treaty on the Functioning of the European Union and Article 61(1) of the Financial Regulation.

In his action, the applicant claims that, as an elected representative of the Czech Senate and as a future competitor to candidates of the party controlled by the Czech prime minister, he is directly concerned by the European Council’s failure to exclude Mr Babiš from deliberations on the future EU budget in the meetings of the European Council. He also claims that the alleged omission of the European Council is of individual concern to him for several reasons, among which is his duty, as member of the national parliament, to control members of government in relation to acts performed in the European Council or the Council.

The application is available here.

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