# C_2019263EN.01005301.xml

| 5.8.2019 | EN | Official Journal of the European Union | C 263/53 |
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5.8.2019

EN

Official Journal of the European Union

C 263/53

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Action brought on 10 June 2019 — Ceravolo v Parliament

(Case T-346/19)

(2019/C 263/60)

Language of the case: Italian

Parties

Applicant: Domenico Ceravolo (Noventa Padovana, Italy) (represented by: M. Paniz, lawyer)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:

| — | annul the communiqué of the European Parliament Directorate-General for Finance implementing Resolution No 14/2018 of 12 July 2018 of the Office of the President of the Italian Chamber of Deputies and/or Resolution No 6/2018 of the Presidential Council of the Senate of the Italian Republic, having established that it is unlawful on the grounds of failure to observe the principles of legitimate expectations, the protection of acquired rights, reasonableness, proportionality and legality, and infringement of Articles 6 and 14 of the European Convention on Human Rights and Article 1 of the First Additional Protocol thereto, as well as Articles 27 and 28 of the Statute for Members of the European Parliament and Articles 75 and 76 of the Implementing Measures for that statute, and, in any event, annul the redetermination and recalculation of the life annuity disbursed by the European Parliament; |
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annul the communiqué of the European Parliament Directorate-General for Finance implementing Resolution No 14/2018 of 12 July 2018 of the Office of the President of the Italian Chamber of Deputies and/or Resolution No 6/2018 of the Presidential Council of the Senate of the Italian Republic, having established that it is unlawful on the grounds of failure to observe the principles of legitimate expectations, the protection of acquired rights, reasonableness, proportionality and legality, and infringement of Articles 6 and 14 of the European Convention on Human Rights and Article 1 of the First Additional Protocol thereto, as well as Articles 27 and 28 of the Statute for Members of the European Parliament and Articles 75 and 76 of the Implementing Measures for that statute, and, in any event, annul the redetermination and recalculation of the life annuity disbursed by the European Parliament;

| — | accordingly, declare that the applicant is entitled to the maintenance of the life annuity disbursed by the European Parliament in so far as it was accrued and is being accrued on the basis of the legislation in force prior to Resolution No 14/2018 of the Office of the President of the Italian Chamber [of Deputies] and/or Resolution No 6/2018 of the Presidential Council of the Senate of the Italian Republic, and order the European Parliament to pay him all the sums unduly withheld, adjusted for inflation, together with statutory interest from the date of withholding until the date of payment, and order the European Parliament to implement the judgment and immediately to restore in full the original amount of the life annuity, and to pay compensation for all damages if and to the extent that damages are payable; and |
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accordingly, declare that the applicant is entitled to the maintenance of the life annuity disbursed by the European Parliament in so far as it was accrued and is being accrued on the basis of the legislation in force prior to Resolution No 14/2018 of the Office of the President of the Italian Chamber [of Deputies] and/or Resolution No 6/2018 of the Presidential Council of the Senate of the Italian Republic, and order the European Parliament to pay him all the sums unduly withheld, adjusted for inflation, together with statutory interest from the date of withholding until the date of payment, and order the European Parliament to implement the judgment and immediately to restore in full the original amount of the life annuity, and to pay compensation for all damages if and to the extent that damages are payable; and

| — | in any event, order the Parliament to pay all costs, lawyers’ fees, plus VAT, taxes, duties and flat-rate charges. |
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in any event, order the Parliament to pay all costs, lawyers’ fees, plus VAT, taxes, duties and flat-rate charges.

Pleas in law and main arguments

The pleas in law and main arguments are those relied on in Case T-345/19, Santini v Parliament.

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