14.9.2020

Official Journal of the European Union

C 304/25

(Case T-485/20)

(2020/C 304/30)

Language of the case: Spanish

Parties

Applicant: Oriol Junqueras i Vies (Sant Joan de Vilatorrada, Spain) (represented by: A. Van den Eynde Adroer, lawyer)

Defendant: European Parliament

Form of order sought

The applicant claims that the General Court should:

Annul the Decision of the European Parliament/ Directorate General for Finance — Directorate for Members’ Financial and Social Entitlements notified by letter of Mr Didier KLETHI, of 7 May 2020, providing that the salary of the MEP Oriol Junqueras i Vias may be paid only for the period from 25 September 2019 to 2 January 2020, in accordance with Article 10 of the Statute for Members of the European Parliament, and order the defendant 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 failure to comply with the judgment of the Grand Chamber of the Court of Justice of the European Union, of 19 December 2019, in the preliminary ruling proceedings C-502/19, Junqueras Vies, in so far as that judgment allowed Mr Junqueras to take his seat as an MEP from 13 June 2019, as, in accordance with that judgment, that was not contrary to Article 7.2 of the European Electoral Act of 1976.

2.Second plea in law, alleging the need, in the case in point, for a non-formalistic interpretation of Article 7.2 of the European Electoral Act of 1976, in so far as, given the Parliament’s failure to take action to protect Mr Junqueras’s immunity, he was materially and physically prevented, against his will, from resigning as a deputy in the Congress of Deputies and taking up his duties as a Member of the European Parliament.

3.Third plea in law, alleging the need, in the case in point, for a specific and non-formalistic interpretation of Article 7.2 of the European Electoral Act of 1976, in so far as it was not materially incompatible with that act for Mr Junqueras, who was suspended from his position as a deputy in the Congress of Deputies at the relevant time and whose remuneration and other entitlements related to that office were also suspended and who was, in addition, maintained in that role against his will by being prevented physically and materially and against his will from resigning, to resign from that position in order to take up his position as a Member of the European Parliament.