EN
C 24/14
Official Journal of the European Union
17.1.2022
(d) those provisions require the national court, in order to apply EU law and achieve the effet utile, to disregard a judgment of the national constitutional court if it prevents the implementation of an order of the Court of Justice of the European Union granting interim measures, which orders the suspension of the application of national legislation that prevents national courts from examining whether there is compliance with EU requirements concerning an independent and impartial tribunal previously established by law within the meaning of Article 19(1) TEU, read in conjunction with Article 47 of the Charter?
Appeal brought on 30 August 2021 by Joëlle Mélin against the judgment of the General Court (Fifth Chamber) delivered on 30 June 2021 in Case T-51/20, Mélin v Parliament (Case C-541/21 P) (2022/C 24/19) Language of the case: French Parties Appellant: Joëlle Mélin (represented by: F. Wagner, avocat) Other party to the proceedings: European Parliament
Form of order sought The appellant claims that the Court should: — set aside the judgment of the General Court of the European Union of 30 June 2021 in Case T-51/20, Mélin v Parliament; — declare the plea of illegality admissible and rule that Article 33(1) and (2) and Article 68(1) and (2) of the Implementing Measures for the Statute for Members (‘IMSM’) are unlawful; — find that there is no legal basis for the Secretary-General’s decision of 17 December 2019 and annul that decision; in the main proceedings: — find that Joëlle Mélin has adduced evidence of the work of her assistant in accordance with Article 33(1) and (2) of the IMSM and the case-law of the Court of Justice of the European Union; consequently, — annul the decision of the Secretary-General of the European Parliament of 17 December 2019, notified by letter No D202484 dated 18 December 2019, taken pursuant to Article 68 of Decision 2009/C 159/01 of the Bureau of the European Parliament of 19 May and 9 July 2008 ‘concerning implementing measures for the Statute for Members of the European Parliament’ as amended, finding a debt on the part of the appellant amounting to EUR 130 339,35 in respect of amounts wrongly paid in connection with the parliamentary assistance allowance and giving reasons for its recovery; — annul debit note No 2019-2081 informing the appellant that a debt on the part of the appellant had been found following the decision of Secretary-General of 17 December 2019, recovery of the sums wrongly paid as parliamentary assistance allowance, application of Article 68 of the IMS and Articles 98 to 101 of the Financial Regulation; — order the European Parliament to pay all the costs.