Judgment of the General Court (Eighth Chamber, Extended Composition) of 10 February 2021 – Santini and Others v Parliament

(Joined Cases T‑345/19, T‑346/19, T‑364/19 to T‑366/19, T‑372/19 to T‑375/19 and T‑385/19)

(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 Resolution No 14/2018, on pensions – Alteration of the amount of the pensions of Italian national Members of Parliament – Corresponding alteration by the European Parliament of the amount of the pensions of certain former Members of the European Parliament elected in Italy – Competence of the author of the act – Obligation to state reasons – Acquired rights – Legal certainty – Legitimate expectations – Right to property – Proportionality – Equal treatment – Non-contractual liability – Sufficiently serious breach of a rule of law conferring rights on individuals)

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 – Notes and 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, in accordance with that national decision – Included (Art. 263 TFEU; 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 53, 56, 58)

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 – General competence of the Bureau of the Parliament in financial matters concerning Members of the European Parliament – Competence of Parliament's administration to adopt individual decisions determining the pension rights of Members – 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 – Included (European Parliament and Council Regulation 2018/1046, Art. 73(3); Decision of the European Parliament 2005/684; Rules of Procedure of the European Parliament, Art. 25(3)) (see paras 64-69, 71-73)

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 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 (Decision of the European Parliament 2005/684; Decision of the European Parliament on implementing measures for the Statute for Members, Arts 74 and 75; Rules governing the payment of expenses and allowances to Members of the European Parliament, Annex III, Art. 2(1)) (see paras 127, 130-134, 139-146, 151-159, 161-164)

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 pensions of former Members of the European Parliament – Principle of equal treatment – 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 133, 138-141)

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 pensions of former Members of the European Parliament – Principle of equal treatment – 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 156-160, 163, 166-168, 171-179)

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 pensions of former Members 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 198-208)

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 pensions of former Members 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 209, 211-214)

8. Action for annulment – Jurisdiction of the EU judicature – Claim seeking that directions be issued to an institution – Claim for a declaratory judgment – Inadmissibility (Art. 263 TFEU) (see paras 225, 227)

9. Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – One of the conditions not satisfied – Claim for compensation dismissed in its entirety (Art. 340, second para., TFEU) (see para. 230)

10. Actions for damages – Application for damages linked to an application for annulment – Dismissal of claim for annulment leading to dismissal of the claim for compensation (Arts 263 and 340 TFEU) (see para. 231)

Re:

First, application under Article 263 TFEU seeking annulment of the letters of 11 April 2019, as well as, in respect of the applicant in Case T‑375/19, the letter of 8 May 2019, drawn up, in the case of each applicant, by the Parliament and concerning the adjustment of the amount of the pensions received by the applicants following the entry into force, on 1 January 2019, of Resolution No 14/2018 of the Ufficio di Presidenza della Camera dei deputati (Office of the President of the Italian Chamber of Deputies, Italy) and, secondly, application under Article 268 TFEU seeking compensation for the damage which the applicants claim to have suffered as a result of those measures.

Operative part

The Court:

1. Dismisses the actions;