CELEX: 62021CN0246
Language: en
Date: 2021-04-19 00:00:00
Title: Case C-246/21 P: Appeal brought on 19 April 2021 by the European Parliament against the judgment of the General Court (Fourth Chamber, Extended Composition) delivered on 3 February 2021 in Case T-17/19, European Parliament v Giulia Moi

14.6.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 228/26
            
         
      Appeal brought on 19 April 2021 by the European Parliament against the judgment of the General Court (Fourth Chamber, Extended Composition) delivered on 3 February 2021 in Case T-17/19, European Parliament v Giulia Moi
      (Case C-246/21 P)
      (2021/C 228/35)
      Language of the case: Italian
      
         Parties
      
      
         Appellant: European Parliament (represented by: S. Seyr, M. Windisch, T. Lazian, acting as Agents)
      
         Other party to the proceedings: Giulia Moi
      
         Form of order sought
      
      The appellant submits that the Court should:
      
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                  set aside the judgment under appeal;
               
            
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                  give final judgment in the dispute submitted to the General Court, by granting the form of order sought by the European Parliament during the proceedings at first instance;
               
            
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                  order the applicant to pay all the costs incurred at first instance and on appeal.
               
            
         Grounds of appeal and main arguments
      
      
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                  First ground of appeal, alleging that the General Court misused its powers and ruled ultra petita since it included, in the subject matter of the dispute, the decision of the President of the European Parliament finding the existence of a situation of harassment and annulled that decision (paragraphs 34, 37, 38 and 76 of the judgment under appeal);
               
            
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                  Second ground of appeal, alleging that the General Court infringed the Parliament’s rights of defence (paragraphs 35 and 36 of the judgment under appeal);
               
            
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                  Third ground of appeal, alleging that the General Court infringed Article 263(6) TFEU since it failed to observe the time limit for bringing an action for annulment fixed in that article and included in the subject matter of the dispute the decision, which had in the meantime become final, of the President of the European Parliament finding the existence of a situation of harassment (paragraphs 76 and 77 of the judgment under appeal);
               
            
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                  Fourth ground of appeal, alleging that the General Court infringed Article 232 TFEU since it did not take account of the power of the Parliament to organise freely the way in which it operates, as provided in the internal rules on the procedure relating to harassment involving Members of the European Parliament and in the Parliament’s Rules of Procedure, in particular in Articles 166 and 167, applicable at the material time, on the imposition of penalties (paragraphs 12, 13, 63, 66, 129 and 132 of the judgment under appeal).