12.8.2019

Official Journal of the European Union

C 270/47

(Case T-388/19)

(2019/C 270/49)

Language of the case: English

Parties

Applicants: Carles Puigdemont i Casamajó (Waterloo, Belgium) and Antoni Comín i Oliveres (Waterloo) (represented by: P. Bekaert, lawyer, B. Emmerson QC, G. Boye and S. Bekaert, lawyers)

Defendants: European Parliament

Form of order sought

The applicants claim that the Court should:

—annul the Parliament’s decision to deny the applicants’ access to the special reception service set up for elected members of Parliament and the instruction of the President of the Parliament of 29 May 2019, which prevented them from submitting the written declaration required by Rule 3(2) of the Rules of Procedure;

—annul the Parliament’s decision, as confirmed by the letter without legal basis of the President of the Parliament of 27 June 2019, not to take note of the results officially declared by Spain of the election to the European Parliament of 26 May 2019, and the subsequent decision to take note of a different and incomplete list of elected members notified on 17 June 2019 by the Spanish authorities, which does not include the applicants;

—annul the Parliament’s decision to treat the communication of the Spanish Electoral Commission of 20 June 2019 as depriving of effect the declaration of the applicants as elected members of Parliament, which amounts to an unlawful declaration of a vacancy that violates Article 13 of the 1976 Electoral Act, attributable to the Parliament;

—annul the President of the Parliament’s decision, as confirmed by the letter without legal basis of the President of the Parliament of 27 June 2019, refusing to guarantee, pursuant to Rule 3(2) of its Rules of Procedure, the right of the applicants to take their seats in Parliament and on its bodies and to enjoy all the rights attaching thereto from the date of the first sitting and until a ruling has been given on the disputes referred both to Parliament and to the judicial authorities of Spain;

—annul the President’s decision, refusing to assert the privileges and immunities of the applicants under Article 9 of Protocol (No 7) on the Privileges and Immunities of the European Union, in accordance with Rule 8 of the Rules of Procedure;

—order the defendant to pay all costs of these proceedings, and in accordance with Article 340, second paragraph, TFEU, order the defendant to pay compensation for the damages suffered: the loss of monthly salary granted to the members of the European Parliament, plus 1 symbolic euro for the moral damages.

Pleas in law and main arguments

In support of the action, the applicants rely on five pleas in law.

1.First plea in law, alleging that the Parliament’s decision to deny the applicants access to the special reception service set up for elected members of Parliament and the instruction of the President of the Parliament of 29 May 2019 infringe Articles 20, 21 and 39(2) of the Charter of Fundamental Rights of the European Union (‘Charter’).

2.Second plea in law, alleging that the Parliament’s decision not to take note of the results officially declared by Spain of the election to the European Parliament of 26 May 2019, and the subsequent decision to take note of a different and incomplete list of elected members notified on 20 June 2019 by the Spanish authorities, which does not include the applicants, infringe Article 12 of the 1976 Electoral Act and Article 3(2) of the European Council Decision 2018/937 (1), in connection with Article 39(2) of the Charter, Article 10(1) and (2) TEU, Article 14(2) and (3) TEU and Article 1(3) of the 1976 Electoral Act.

3.Third plea in law, alleging that the Parliament’s decision to treat the communication of the Spanish Electoral Commission of 20 June 2019 as depriving of effect the declaration of the applicants as elected members of Parliament, amounts to an unlawful declaration of a vacancy that violates Article 13 of the 1976 Electoral Act, attributable to Parliament, that infringes Articles 6(2), 8 and 13 of the 1976 Electoral Act, in connection with Article 39(2) of the Charter, Article 10(1) and (2) TEU, Article 14(2) and (3) TEU and Article 1(3) of the 1976 Electoral Act.

4.Fourth plea in law, alleging that the Parliament’s decision refusing to guarantee, pursuant to Rule 3(2) of its Rules of Procedure, the right of the applicants to take their seats in Parliament and on its bodies and to enjoy all the rights attaching thereto from the date of the first sitting and until a ruling has been given on the disputes referred both to Parliament and to the judicial authorities of Spain, infringes Rule 3(2) of the Rules of Procedure of the European Parliament and Articles 5(1) and 12 of the 1976 Electoral Act, in connection with Article 39(2) of the Charter, Article 10(1) and (2) TEU, Article 14(2) and (3) TEU and Article 1(3) of the 1976 Electoral Act.

5.Fifth plea in law, alleging that the President’s decision refusing to assert the privileges and immunities of the applicants under Article 9 of Protocol (No 7) on the Privileges and Immunities of the European Union, infringes Rule 5(2) of the Rules of Procedure of the European Parliament, Article 6(2) of the 1976 Electoral Act and Article 9 of the said Protocol in connection with Article 39(2) of the Charter, Article 10(1) and (2) TEU, Article 14(2) and (3) TEU, and Article 1(3) of the 1976 Electoral Act.

European Council Decision (EU) 2018/937 of 28 June 2018 establishing the composition of the European Parliament (OJ L 165I, 2.7.2018, p. 1).