# C_2004118EN.01000501.xml

| 30.4.2004 | EN | Official Journal of the European Union | C 118/5 |
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30.4.2004

EN

Official Journal of the European Union

C 118/5

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 29 April 2004

in Case C-470/00 P: European Parliament v Carlo Ripa di Meana (1)

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(Appeal - Members of the European Parliament - Provisional retirement pension scheme - Time-limit for submission of applications to join that scheme - Knowledge acquired - Cross-appeal - Liability for costs - Inadmissibility)

(2004/C 118/09)

Language of the case: Italian

In Case C-470/00 P: European Parliament (Agents: A. Caiola and G. Ricci and subsequently with the assistance of F. Capelli, avvocato) with an address for service in Luxembourg, APPEAL against the judgment of the Court of First Instance of the European Communities (Fourth Chamber) of 26 October 2000 in Joined Cases T-83/99 to T-85/99 Ripa di Meana and Others v Parliament [2000] ECR II-3493, seeking to have that judgment set aside in part, the other parties to the proceedings being: Carlo Ripa di Meana, former Member of the European Parliament, residing in Montecastello di Vibio (Italy), Leoluca Orlando, former Member of the European Parliament, residing in Palermo (Italy), and Gastone Parigi, former Member of the European Parliament, residing in Pordenone (Italy), represented by W. Viscardini and G. Donà, avvocati, with an address for service in Luxembourg, applicants at first instance – the Court (Fifth Chamber), composed of: C. W. A. Timmermans (Rapporteur), acting for the President of the Fifth Chamber, A. Rosas and A. La Pergola Judges; J. Mischo Advocate General; L. Hewlett, for the Registrar, gave a judgment on 29 April 2004, in which it:

| 1. | Sets aside the judgment of the Court of First Instance of the European Communities of 26 October 2000 in Joined Cases T-83/99to T-85/99Ripa di Meana and Others v Parliament in so far as it upholds, in CasesT-83/99 and T-84/99, the actions brought by Mr Ripa di Meana and Mr Orlando; |
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1.

Sets aside the judgment of the Court of First Instance of the European Communities of 26 October 2000 in Joined Cases T-83/99to T-85/99Ripa di Meana and Others v Parliament in so far as it upholds, in CasesT-83/99 and T-84/99, the actions brought by Mr Ripa di Meana and Mr Orlando;

| 2. | Dismisses the actions brought by Mr Ripa di Meana and Mr Orlando for annulment of the decisions contained in letters Nos 300762 and 300763 from the College of Quaestors of 4 February 1999, respectively rejecting their requests for the provisional pension scheme referred to in Annex III to the Rules Governing the Payment of Expenses and Allowances to Members of the European Parliament to apply with retroactive effect; |
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2.

Dismisses the actions brought by Mr Ripa di Meana and Mr Orlando for annulment of the decisions contained in letters Nos 300762 and 300763 from the College of Quaestors of 4 February 1999, respectively rejecting their requests for the provisional pension scheme referred to in Annex III to the Rules Governing the Payment of Expenses and Allowances to Members of the European Parliament to apply with retroactive effect;

| 3. | Dismisses the cross-appeal brought by Mr Parigi as inadmissible; |
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3.

Dismisses the cross-appeal brought by Mr Parigi as inadmissible;

| 4. | Orders Mr Ripa di Meana and Mr Orlando to pay not only their own costs but also those incurred by the European Parliament both at first instance and in the present appeal; |
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4.

Orders Mr Ripa di Meana and Mr Orlando to pay not only their own costs but also those incurred by the European Parliament both at first instance and in the present appeal;

| 5. | Orders Mr Parigi to bear his own costs and to pay those incurred by the European Parliament in respect of the cross-appeal. |
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5.

Orders Mr Parigi to bear his own costs and to pay those incurred by the European Parliament in respect of the cross-appeal.

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(1)  OJ C 79 of 10.3.2001

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