23.1.2023

Official Journal of the European Union

C 24/68

(Case T-735/22)

(2023/C 24/94)

Language of the case: Italian

Parties

Applicant: Enrico Falqui (Florence, Italy) (represented by: F. Sorrentino and A. Sandulli, lawyers)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:

—annul Note D310275 of 26 September 2022 of the Directorate-General for Finance — Directorate for Member’s Financial and Social Entitlements — Members’ Salaries and Social Entitlements Unit — Head of Unit;

—annul Note No D307559 of 4 July of the Directorate-General for Finance of the European Parliament — Directorate for Member’s Financial and Social Entitlements — Members’ Salaries and Social Entitlements Unit;

—take all necessary measures to protect the applicant’s rights;

—order the European Parliament to pay the amounts unduly withheld pending the outcome of the dispute.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

1.First plea in law, alleging infringement of the decision of the Bureau of the European Parliament of 19 May and 9 July ‘concerning implementing measures for the Statute for Members of the European Parliament’.

—The applicant claims in this regard that since, under Article 75(2) of the decision of 19 May and 9 July ‘concerning implementing measures for the Statute for Members of the European Parliament’, the old-age pension rights acquired prior to the date of entry into force of the Statute ‘shall be maintained’, the previously in force reference to national legislation, provided for by the so-called PEAM, must be understood as a cross-reference (to the rules in force at that time), in as much as the pension rights of former members of the European Parliament acquired before the entry into force of the Statute cannot be affected by subsequent regulations.

2.Second plea in law, alleging that the European Parliament unlawfully applied national legislation that is contrary to the fundamental principles of the EU legal system and, in particular, to the principle of the protection of legitimate expectations. Infringement of the principle of the primacy of EU law.

—The applicant claims in this regard that the European Parliament, by automatically applying to former members of the Parliament elected in Italy before the entry into force of the Statute any change to the life annuity approved by the Italian Chamber of Deputies ex post, exposes them to a situation of ongoing uncertainty as regards their pension benefits, contrary to the fundamental principles of the EU and, in particular, to the principles of proportionality and the protection of legitimate interests.