Cases T-751/22, T-752/22 and T-761/22: Order of the General Court of 25 March 2025 – Avitabile and Others v Parliament (Law governing the institutions – 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 Chamber of Deputies, Italy) of Decision No 150/2022 on pensions – Change in the amounts of the pensions of members of the Italian Parliament – Corresponding change, by the European Parliament, in the amounts 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 – Manifest lack of jurisdiction in part – Action in part manifestly lacking any foundation in law)
Date: 2025-03-25
Institutions: General Court
Subjects: Italy, Member of Parliament, Member of the European Parliament, equal treatment, jurisdiction, pension scheme, principle of legal certainty, principle of proportionality, right to property








C_202503294EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/3294


24.6.2025






Order of the General Court of 25 March 2025 – Avitabile and Others v Parliament


(Cases T-751/22, T-752/22 and T-761/22)
                (1)

(Law governing the institutions - 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 Chamber of Deputies, Italy) of Decision No 150/2022 on pensions - Change in the amounts of the pensions of members of the Italian Parliament - Corresponding change, by the European Parliament, in the amounts 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 - Manifest lack of jurisdiction in part - Action in part manifestly lacking any foundation in law)
(C/2025/3294)
Language of the case: Italian

Parties


Applicant in Case T-751/22: Rosa Maria Avitabile, as heir of Mr Antonio Mazzone (Naples, Italy) (represented by: M. Paniz, lawyer)

Applicant in Case T-752/22: Domenico Ceravolo (Noventa Padovana, Italy) (represented by: M. Paniz, lawyer)

Applicant in Case T-761/22: Gabriele Sboarina (Verona, Italy) (represented by: M. Paniz, lawyer)

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

Re:

By their actions under Article 263 TFEU, the applicants seek the annulment of the decisions of 21 September 2022 of the Head of the Members’ Salaries and Social Entitlement Unit of the European Parliament’s Directorate-General (DG) for Finance concerning the adjustment of their pensions or that of Mr Mazzone, following the adoption of Decision No 150/2022 of 3 March 2022 of the Ufficio di Presidenza della Camera dei deputati (Office of the President of the Chamber of Deputies, Italy).

Operative part of the order







1.


Cases T-751/22, T-752/22 and T-761/22 are joined for the purposes of the order.










2.


The actions are dismissed, in part, as manifestly falling outside the General Court’s jurisdiction, in part, as manifestly inadmissible, and, in part, as manifestly lacking any foundation in law.










3.


Ms Rosa Maria Avitabile, Mr Domenico Ceravolo and Mr Gabriele Sbaorina are ordered to pay the costs.






(1)  
            OJ C 35, 30.1.2023.


ELI: http://data.europa.eu/eli/C/2025/3294/oj
ISSN 1977-091X (electronic edition)