Information;Judgment — ECLI:EU:C:2022:1026
Date: 2022-12-22
Language of the case: Italian
Court formation: Sixth Chamber
Subject matter: Provisions governing the Institutions
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible;Action for damages
Origin: Italy

Judgment of the Court (Sixth Chamber) of 22 December 2022 – Parliament v Moi (Case C‑246/21 P) (1) (Appeal – Law governing the institutions – Member of the European Parliament – Principle of ne ultra petita – Subject matter of the dispute – Rights of the defence – Article 232 TFEU – Operating arrangements of the Parliament – Sixth paragraph of Article 263 TFEU – Time limit for bringing proceedings – Cross-appeal) 1. Appeal – Grounds – Plea raised for the first time in the context of the appeal – Ground arising from the judgment under appeal itself and criticising its correctness (see paragraph 42) 2. Action for annulment – Jurisdiction of the EU judicature – Scope – Prohibition on ruling ultra petita – Obligation to comply with the framework of the dispute defined by the parties – Implicit identification of the contested measure by the parties – Whether permissible – Conditions (Art. 263 TFEU; Statute of the Court of Justice, Art. 21; Rules of Procedure of the Court of Justice, Art. 120(c) and (d); Rules of Procedure of the General Court, Arts 76 and 84(1)) (see paragraphs 55-59) Operative part The Court: 1. Dismisses the main appeal and the cross-appeal; 2. Orders the European Parliament to pay the costs relating to the main appeal; 3. Orders Ms Giulia Moi to pay the costs relating to the cross-appeal. 1 OJ C 228, 14.6.2021.