Judgment of the Court (Fifth Chamber) of 29 April 2004 in Case C-470/00 P: European Parliament v Carlo Ripa di Meana (Appeal — Members of the European Parliament — Provisional retirement pension scheme — Time-limit for submission of applications to join that scheme — Knowledge acquired — Cross-appeal — Liability for costs — Inadmissibility)
Date: 2004-04-30
Institutions: Court of Justice
Subjects: European Parliament, General Court (EU), Member of the European Parliament, appeal, pension scheme

30.4.2004

EN

Official Journal of the European Union

C 118/5

JUDGMENT OF THE COURT

3. Dismisses the cross-appeal brought by Mr Parigi as inadmissible;

(Fifth Chamber)

of 29 April 2004

4. Orders Mr Ripa di Meana and Mr Orlando to pay not only their
own costs but also those incurred by the European Parliament
both at first instance and in the present appeal;

in Case C-470/00 P: European Parliament v Carlo Ripa di
Meana (1)

5. Orders Mr Parigi to bear his own costs and to pay those incurred

by the European Parliament in respect of the cross-appeal.

(Appeal — Members of the European Parliament — Provi-
sional retirement pension scheme — Time-limit for submis-
sion of applications to join that scheme — Knowledge
acquired — Cross-appeal — Liability for costs — Inadmissi-
bility)

(1) OJ C 79 of 10.3.2001

(2004/C 118/09)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

In Case C-470/00 P: European Parliament (Agents: A. Caiola
and G. Ricci and subsequently with the assistance of F. Capelli,
avvocato) with an address for service in Luxembourg, APPEAL
against the judgment of the Court of First Instance of the Euro-
pean Communities (Fourth Chamber) of 26 October 2000 in
Joined Cases T-83/99 to T-85/99 Ripa di Meana and Others v
Parliament [2000] ECR II-3493, seeking to have that judgment
set aside in part, the other parties to the proceedings being:
Carlo Ripa di Meana, former Member of the European Parlia-
ment,
residing in Montecastello di Vibio (Italy), Leoluca
Orlando, former Member of the European Parliament, residing
in Palermo (Italy), and Gastone Parigi, former Member of the
European Parliament, residing in Pordenone (Italy), represented
by W. Viscardini and G. Donà, avvocati, with an address for
service in Luxembourg, applicants at first instance – the Court
(Fifth Chamber), composed of: C. W. A. Timmermans (Rappor-
teur), acting for the President of the Fifth Chamber, A. Rosas
and A. La Pergola Judges;
J. Mischo Advocate General; L.
Hewlett, for the Registrar, gave a judgment on 29 April 2004,
in which it:

1. Sets aside the judgment of the Court of First Instance of the Euro-
pean Communities of 26 October 2000 in Joined Cases T-83/
99to T-85/99Ripa di Meana and Others v Parliament in so far
as
the actions
brought by Mr Ripa di Meana and Mr Orlando;

in CasesT-83/99 and T-84/99,

it upholds,

2. Dismisses the actions brought by Mr Ripa di Meana and Mr
Orlando for annulment of the decisions contained in letters Nos
300762 and 300763 from the College of Quaestors of 4
February 1999, respectively rejecting their requests for the provi-
sional pension scheme referred to in Annex III
to the Rules
Governing the Payment of Expenses and Allowances to Members
of the European Parliament to apply with retroactive effect;

JUDGMENT OF THE COURT

(Fifth Chamber)

of 29 April 2004

in Case C-17/01 (reference for a preliminary ruling from
the Bundesfinanzhof): Finanzamt Sulingen v Walter
Sudholz (1)

(Sixth VAT Directive — Articles 2 and 3 of Decision
2000/186/EC — Flat-rate limit on the right to deduct VAT
on vehicles not used solely for business purposes — Retroac-
tive authorisation of a national tax measure)

(2004/C 118/10)

(Language of the case: German)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

In Case C-17/01: reference to the Court under Article 234 EC
from the Bundesfinanzhof (Federal Finance Court) (Germany)
for a preliminary ruling in the proceedings pending before that
court between Finanzamt Sulingen and Walter Sudholz — on
the validity of Articles 2 and 3 of Council Decision
2000/186/EC of 28 February 2000 authorising the Federal
Republic of Germany to apply measures derogating from Arti-
cles 6 and 17 of the Sixth Directive 77/388/EEC on the harmo-
nisation of the laws of the Member States relating to turnover
taxes — Common system of value added tax: uniform basis of
assessment (OJ 2000 L 59, p. 12) — the Court (Fifth Chamber),
composed of: P.
Jann, acting for the President of the Fifth
Chamber, C.W.A. Timmermans and S. von Bahr (Rapporteur),
Judges; L.A. Geelhoed, Advocate General; M.-F. Contet, Prin-
cipal Administrator, for the Registrar, has given a judgment on
29 April 2004, in which it has ruled: