Information;Judgment — ECLI:EU:T:2021:79
Date: 2021-02-10
Language of the case: Italian
Court formation: Eighth Chamber, Extended Composition
Subject matter: Provisions governing the Institutions;Privileges and immunities
Procedure: Action for annulment - unfounded
Origin: Italy

Summary of the pleas in law on which the application is based – Abstract statement – Inadmissibility (Statute of the Court of Justice, Arts 21, first para. and 53, first para.; Rules of Procedure of the General Court, Art. 76(d)) (see para. 75) 4. European Parliament – Regulation governing the payment of expenses and allowances to Members of the European Parliament – Single statute for Members of the European Parliament – Decision of the Directorate-General for Finances of the European Parliament concerning the change in the amount of the pension of a former Member of the European Parliament – Pension rights acquired before the entry into force of the Statute – No guarantee as to the immutability of the amount of pensions (Decision of the European Parliament 2005/684; Decision of the European Parliament on implementing measures for the Statute for Members, Art. 75; Rules governing the payment of expenses and allowances to Members of the European Parliament, Annex III, Art. 2(1)) (see paras 78-82, 84-86) 5. European Parliament – Regulation governing the payment of expenses and allowances to Members of the European Parliament – Single statute for Members of the European Parliament – Decision of the Directorate-General for Finances of the European Parliament concerning the change in the amount of the pension of a former Member of the European Parliament – Identical pension rule – Non-retroactivity – Principle of legal certainty – Infringement – Absence (Decision of the European Parliament 2005/684; Decision of the European Parliament on implementing measures for the Statute for Members, Art. 75; Rules governing the payment of expenses and allowances to Members of the European Parliament, Annex III, Art. 2(1)) (see paras 95-103) 6. European Parliament – Regulation governing the payment of expenses and allowances to Members of the European Parliament – Single statute for Members of the European Parliament – Decision of the Directorate-General for Finances of the European Parliament concerning the change in the amount of the pension of a former Member of the European Parliament – Principle of the protection of legitimate expectations – Infringement – None (Decision of the European Parliament 2005/684; Decision of the European Parliament on implementing measures for the Statute for Members, Art. 75; Rules governing the payment of expenses and allowances to Members of the European Parliament, Annex III, Art. 2(1)) (see paras 109-113) 7. European Parliament – Regulation governing the payment of expenses and allowances to Members of the European Parliament – Single statute for Members of the European Parliament – Decision of the Directorate-General for Finances of the European Parliament concerning the change in the amount of the pension of a former Member of the European Parliament – Restriction of the right to property – Breach of principle of proportionality – None (Charter of Fundamental Rights of the European Union, Art. 17(1); Decision 2005/684 of the European Parliament; decision of the European Parliament on implementing measures for the Statute for Members, Art. 75; Rules governing the payment of expenses and allowances to Members of the European Parliament, Annex III, Art. 2(1)) (see paras 119-123, 126, 128-130, 133-141) Re: Application based on Article 263 TFEU seeking annulment of the note of 11 June 2019 prepared by the Parliament relating to the adjustment of the amount of the pension received by the applicant upon the entry into force, on 1 January 2019, of Decision No 14/2018 of the Ufficio di Presidenza della Camera dei deputati. Operative part The Court: 1. Dismisses the action; 2. Orders Mr Mario Forte to bear his own costs and to pay those incurred by the European Parliament.