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Martinez and others v. Parliament, 2
October 2001, joined Cases T-222/99, T-327/99 et T-329/99.
Facts: The applicants are Martinez and others and were members of the
“groupe techniques des députés independents”. The European Parliament refused
to recognize the constitution of the "groupe techniques des députés
independants" (TDI) as a group of members of the Parliament. This refusal
was justified on the ground that the condition related to political affiliation
and imposed by a regulation was not satisfied by the group.
Complaint: the applicants claimed that the refusal of the Parliament violated
their freedom of association.
Holding: the ECJ did not find a violation.
Reasoning: the principle of freedom of association does not
preclude the Parliament from imposing a requirement of political affinity for
the formation of a group of Members of the Parliament, as long as its aim is
legitimate.
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