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Joined Cases C-393/07 and C-9/08: Judgment of the Court (Fourth Chamber) of 30 April 2009 — Italian Republic v European Parliament (Action for annulment — Decision of the European Parliament of 24 May 2007 on the verification of the credentials of Beniamino Donnici — Member of the European Parliament — Verification of the credentials of a Member of the Parliament — Appointment of a member resulting from the withdrawal of candidates — Articles 6 and 12 of the 1976 Act)

ECLI:EU:UNKNOWN:62007CA0393

62007CA0393

April 30, 2009
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Official Journal of the European Union

C 153/6

(Joined Cases C-393/07 and C-9/08)

(Action for annulment - Decision of the European Parliament of 24 May 2007 on the verification of the credentials of Beniamino Donnici - Member of the European Parliament - Verification of the credentials of a Member resulting from the withdrawal of candidates - Articles 6 and 12 of the 1976 Act)

2009/C 153/11

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: I. Braguglia, R. Adam, Agents, P. Gentili, avvocato dello Stato) (C-393/07)

Intervener in support of the applicant: Republic of Latvia

Applicant: Beniamino Donnici (represented by: M. Sanino, G. M. Roberti, I. Perego and P. Salvatore, avvocati) (C-9/08)

Intervener in support of the applicant: Italian Republic

Defendant: European Parliament (represented by: H. Krück, N. Lorenz, L. Visaggio, Agents, E. Cannizzaro, Professor)

Intervener in support of the defendant: Achille Occhetto (represented by: P. De Caterini and F. Paola, avvocati)

Re:

Annulment of Decision P6_TA-PROV(2007)0209 of the European Parliament of 24 May 2007 concerning the verification of Beniamino Donnici’s credentials [2007/2121/(REG)], notified on 28 May 2007 — Member of the European Parliament — Verification of credentials — Appointment of a Member due to the withdrawal of candidates

Operative part of the judgment

The Court:

1.Annuls Decision 2007/2121(REG) of the European Parliament of 24 May 2007 on the verification of credentials of Mr Beniamino Donnici;

2.Orders the European Parliament to pay Mr Donnici’s costs and those incurred by the Italian Republic as applicant;

3.Orders the Italian Republic as intervener, the Republic of Latvia and Mr Occhetto to bear their own costs.

(1) OJ C 247, 20.10.2007.

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