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Case T-272/21: Judgment of the General Court of 5 July 2023 — Puigdemont i Casamajó and Others v Parliament (Institutional law — Member of the Parliament — Privileges and immunities — Decision to waive parliamentary immunity — Article 9 of Protocol No° 7 on the Privileges and Immunities of the European Union — Competence of the authority that issued the request for waiver of immunity — Legal certainty — Manifest error of assessment — Scope of the Parliament’s review — Procedure for examining the request for the waiver of immunity — Rights of the defence — Impartiality)
ECLI:EU:UNKNOWN:62021TA0272
62021TA0272
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Official Journal of the European Union
C 296/30
(Case T-272/21) (*)
(Institutional law - Member of the Parliament - Privileges and immunities - Decision to waive parliamentary immunity - Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union - Competence of the authority that issued the request for waiver of immunity - Legal certainty - Manifest error of assessment - Scope of the Parliament’s review - Procedure for examining the request for the waiver of immunity - Rights of the defence - Impartiality)
(2023/C 296/32)
Language of the case: English
Parties
Applicants: Carles Puigdemont i Casamajó, (Waterloo, Belgium) Antoni Comín i Oliveres (Waterloo), Clara Ponsatí i Obiols (Waterloo) (represented by, P. Bekaert, J. Costa i Rosselló, G. Boye and S. Bekaert, lawyers)
Defendant: European Parliament, (represented by N. Lorenz, N. Görlitz and J.-C. Puffer, acting as Agents)
Intervener in support of the defendant: Kingdom of Spain, represented by A. Gavela Llopis and J. Ruiz Sánchez, acting as Agents)
Re:
By their action based on Article 263 TFEU, the applicants seek annulment of decisions P9_TA(2021)0059, P9_TA(2021)0060 and P9_TA(2021)0061 of the European Parliament of 9 March 2021 on the request for waiver of their immunity.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Carles Puigdemont i Casamajó, Mr Antoni Comín i Oliveres and Ms Clara Ponsatí i Obiols to bear their own costs and to pay those incurred by the European Parliament, including those incurred in Cases T-272/21 R and T-272/21 R II;
3.Orders the Kingdom of Spain to bear its own costs, including those incurred in Case T-272/21 R II.
(*)
Language of the case: English.
ECLI:EU:C:2023:140
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