Case T-477/24: Action brought on 12 September 2024 – Comín i Oliveres v Parliament
Date: 2024-09-12
Institutions: General Court
Subjects: European electoral system, Member of the European Parliament, Spain, election result, elective office, objections to an election result








C_202406270EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6270


28.10.2024






Action brought on 12 September 2024 – Comín i Oliveres v Parliament


(Case T-477/24)

(C/2024/6270)
Language of the case: English

Parties


Applicant: Antoni Comín i Oliveres (Waterloo, Belgium) (represented by: G. Boye, lawyer)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the European Parliament, as confirmed, inter alia, by the communication of the Directorate-General of the Presidency of the European Parliament of 2 July 2024, the public declaration of the European Parliament Spokesperson and Director General for Communication of 6 July 2024, and the email from the Directorate-General for Finance of 8 July 2024, considering Mr Antoni Comín i Oliveres an outgoing Member of Parliament, not recognising his status as elected Member of the European Parliament for the parliamentary term 2024-2029, and therefore calling into question the officially declared election results and, as of 16 July 2024, giving effect to the suspension arising from the communication of the Central Spanish Central Electoral Commission of 1 July 2024 of Mr Antoni Comín i Oliveres’ status as a Member of the European Parliament for the parliamentary term 2024-2029, which he acquired on 27 June 2024.










—


Order the European Parliament to pay the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging that Parliament’s decision not to take note of the results officially declared on 27 June 2024 by Spain of the election to the European Parliament of 9 June 2024, and the subsequent decision to take note of a different and incomplete list of elected Members notified on 1 July 2024 by the Spanish authorities, which does not include the applicant, and the refusal by the Parliament to recognise the status of Mr Antoni Comín i Oliveres as Member of the Parliament, infringes Articles 12 and 13 of the 1976 Electoral Act, Article 14 TEU and Article 39(2) of the Charter.










2.


Second plea in law, alleging that Parliament’s decision to treat the communication of the Spanish Central Electoral Commission of 1 July 2024 as depriving of effect the declaration of the applicant as an elected Member of the European Parliament, which amounts to an unlawful declaration of a vacancy, attributable to the Parliament, infringes Articles 6(2), 8, 12 and 13 of the 1976 Electoral Act, in connection with Article 39(2) of the Charter.










3.


Third plea in law, alleging that Parliament’s decision refusing to guarantee, pursuant to Rule 3(2) of its Rules of Procedure, the right of the applicant to take his seat in Parliament and on its bodies and to enjoy all the rights attaching thereto from the date of the first sitting and until such time as Members’ credentials have been verified or a ruling has been given on any dispute, infringes Rule 3(2) of the Rules of Procedure of the European Parliament, in connection with Articles 5(1) and 12 of the 1976 Electoral Act, Article 39(2) of the Charter and Articles 10(1) and (2) and 14(2) and (3) TEU.






ELI: http://data.europa.eu/eli/C/2024/6270/oj
ISSN 1977-091X (electronic edition)