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: Judgment of the General Court of 10 February 2021 — Santini and Others v Parliament (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)
Date: 2021-02-10
Institutions: General Court
Subjects: Bureau of the EP, Member of the European Parliament, Statute for Members of the Parliament, allowances and expenses, equal treatment, legality, pension scheme, principle of legal certainty, principle of proportionality, retroactivity of a law








C_2021128EN.01003301.xml










12.4.2021   


EN


Official Journal of the European Union


C 128/33






Judgment of the General Court 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) (1)

(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)
(2021/C 128/39)
Language of the case: Italian

Parties


Applicants: Giacomo Santini (Trento, Italy) and the nine other applicants whose names are listed in the annex to the judgment (represented by: M. Paniz, lawyer)

Defendant: European Parliament (represented by: S. Seyr and S. Alves, acting as Agents)

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 of the judgment

The Court:






1.


Dismisses the actions;










2.


Orders Mr Giacomo Santini and the other applicants whose names are listed in the annex to bear their own costs and to pay the costs incurred by the European Parliament.






(1)  OJ C 263, 5.8.2019.