Case T-41/22: Action brought on 21 January 2022 — Fundacja Instytut na rzecz Kultury Prawnej Ordo Iuris v Parliament
Date: 2022-01-21
Institutions: General Court
Subjects: Poland, abortion, abuse of power, equal treatment, extremism, national identity, rule of law








C_2022148EN.01003001.xml










4.4.2022   


EN


Official Journal of the European Union


C 148/30






Action brought on 21 January 2022 — Fundacja Instytut na rzecz Kultury Prawnej Ordo Iuris v Parliament
(Case T-41/22)
(2022/C 148/41)
Language of the case: Polish

Parties


Applicant: Fundacja Instytut na rzecz Kultury Prawnej Ordo Iuris (Warsaw, Poland) (represented by: K. Koźmiński and T. Siemiński, lawyers)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:






—


annul the European Parliament resolution of 11 November 2021 on the first anniversary of the de facto abortion ban in Poland (2021/2925(RSP)) in its entirety;










—


in the alternative, in the event that the Court does not take into consideration the application for annulment of the contested resolution in its entirety, annul that resolution in part, that is to say, the part corresponding to point Y, which states: ‘whereas a fundamentalist organisation, Ordo Iuris, which is closely linked to the ruling coalition, has been a driving force behind the campaigns which are undermining human rights and gender equality in Poland, including the attempts to ban abortion, the calls for Poland’s withdrawal from the Istanbul Convention and the calls for the creation of so-called LGBTI-free zones; whereas cultural and religious values in Poland are therefore being abused as reasons to impede the full realisation of women’s rights, equality for women and their right to make decisions about their own bodies’;










—


order the European Parliament to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.






1.


The first plea in law, alleging lack of competence of the European Parliament to adopt the contested resolution, on the ground that the subject of the resolution does not fall within the competences of the European Union conferred upon it by the Member States in the Treaties, or, in the alternative, misuse of powers by the instrumental use of the legal form of a resolution in order to circumvent the requirement of amending the Treaties so as to attribute to the European Union competences which it does not possess under the Treaties.










2.


Second plea in law, alleging infringement, by the resolution, of the Treaties or the legal rules relating to the application thereof, namely, infringement of Article 2 TEU, Article 4(2) TEU, Article 6(3) TEU and Article 10 TFEU, in that the resolution:






—


infringes the applicant’s personality rights and interests;










—


is based on unverified and untrue information concerning the factual and legal situation in Poland;










—


contains an unreliable analysis and interpretation of public international law on the issue of abortion;










—


ascribes to the ban on the termination of pregnancy and to the protection of human life in the prenatal phase an alleged contradiction with the values indicated in Article 2 TEU in an unjustified manner, disregarding the fact that the issue of whether abortion is permissible is not part of the constitutional traditions common to the Member States, which, in turn:










—


results in discrimination against people supporting the ban on the termination of pregnancy and the protection of human life in the prenatal phase in the social, political and legal life of the European Union;










—


infringes the principle of respect for the national and constitutional identities of the Member States.