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Case T-322/18: Action brought on 23 May 2018 — García Ruiz v Parliament
ECLI:EU:UNKNOWN:62018TN0322
62018TN0322
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(Case T-322/18)
Language of the case: Spanish
Parties
Applicant: Faustino-Francisco García Ruiz (Alcorcón, Spain) (represented by: C. Manzano Ledesma, lawyer)
Defendant: European Parliament
Form of order sought
The applicant claims that the General Court should:
—Find that the decision of the Committee on Petitions is contested by way of this action and, after declaring the action admissible, find that there has been an infringement of rights, thus guaranteeing the interests of the applicant before this Court.
—Make an order as to costs, if appropriate.
Pleas in law and main arguments
In support of its action, the applicant claims that:
This action is brought pursuant to the third paragraph of Article 232 TEC and the third paragraph of Article 265 TFEU on the ground that the Committee on Petitions of the European Parliament did not address to the applicant any act other than a recommendation or an opinion, thus failing to protect the applicant’s right, in breach of the Treaty.
The decisions adopted by the Administración Pública de la Comunidad de Madrid (public authorities of the Community of Madrid) and the courts cause the applicant damage as regards his rights and financial interests, on account of a breach of the right to receive an additional allowance of public pension granted by the Comunidad de Madrid.
The administrative decision of the Comunidad de Madrid and the judgments delivered by the courts cause unequal treatment and discrimination as regards the benefits received as between pensioners who have taken voluntary retirement and pensioners who have reached compulsory retirement age.
The European Union has competence in pension matters and it is therefore for the General Court to safeguard the applicant’s right once the public authorities and the national courts have rejected the right conferred by settled case-law of the courts of the European Union and by the equal pay directives, in the absence of an objective difference in fact and in law as regards the receipt of benefits by the two categories of pensioners mentioned above.