62019TJ0695_INF
Judgment of the General Court (Eighth Chamber, Extended Composition) of 5 May 2021 – Falqui v Parliament
(Case T‑695/19)
(Institutional law – Single statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Adoption by the Ufficio di Presidenza della Camera dei deputati (Office of the President of the Italian Chamber of Deputies, Italy) of Decision No 14/2018, on pensions – Change in the amount of pensions for Italian national members of parliament – Corresponding change by the European Parliament in the amount of the pensions of certain former Members of the European Parliament elected in Italy – Acquired rights – Legal certainty – Legitimate expectations – Proportionality)
1.
Action for annulment – Actionable measures – Concept – National decision of a Chamber of Deputies changing the amount of the pensions of former national Members of Parliament – Not included – Note and 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, in accordance with that national decision – Included
(Art. 263 TFEU; Decision of the Bureau of the European Parliament concerning implementing measures for the Statute for Members of the European Parliament, Art. 75; Rules governing the payment of expenses and allowances to Members of the European Parliament, Annex III, Art. 2(1))
(see paras 41-43, 45)
2.
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 pensions of former Members of the European Parliament – Change carried out in application of the identical pension rule – No margin of discretion as to the method of calculating those pensions – Pension rights acquired before the entry into force of the Statute – No guarantee as to the immutability of the amount of pensions
(Charter of Fundamental Rights of the European Union; Decision of the Bureau of the European Parliament concerning implementing measures for the Statute for Members of the European Parliament, Arts 74 and 75 and Recital 7; Rules governing the payment of expenses and allowances to Members of the European Parliament, Annex III, Art. 2(1); European Parliament Decision 2005/684, Art. 28)
(see paras 49, 50, 52, 54-62, 65-67)
3.
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
(European Parliament Decision 2005/684; Decision of the Bureau of the European Parliament concerning implementing measures for the Statute for Members of the European Parliament, Art. 75; Rules governing the payment of expenses and allowances to Members of the European Parliament, Annex III, Art. 2(1))
(see paras 81, 82, 84-88, 90-92)
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 – Principle of the protection of legitimate expectations – Infringement – None
(Decision of the Bureau of the European Parliament concerning implementing measures for the Statute for Members of the European Parliament, Art. 75; Rules governing the payment of expenses and allowances to Members of the European Parliament, Annex III, Art. 2(1))
(see paras 94-98)
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 – Justification based on the pursuit of a legitimate aim – Breach of principle of proportionality – None
(Rules governing the payment of expenses and allowances to Members of the European Parliament, Annex III, Art. 2(1))
(see paras 100-110)
Re:
Application based on Article 263 TFEU seeking annulment, first, of the note of 8 July 2019 prepared by the Parliament relating to the adjustment of the amount of the pension that the applicant receives following the entry into force, on 1 January 2019, of Decision No 14/2018 of the Ufficio di Presidenza della Camera dei deputati, second, of the note of 11 April 2019 prepared by the Head of the ‘Members’ Salaries and Social Entitlements’ Unit of the Parliament’s Directorate-General for Finance concerning the application of the pensions that the applicant receives following the entry into force, on 1 January 2019, of Decision No 14/2018 of the Ufficio di Presidenza della Camera dei deputati and, third, of the opinion SJ-0836/18 of the legal service of the Parliament of 11 January 2019.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Mr Enrico Falqui to bear his own costs and to pay those incurred by the European Parliament.