Puigdemont i Casamajo and Others v Parliament (Levee de l'immunite parlementaire) (Appeal - Institutional law - Members of the European Parliament - Privileges and immunities - Decision to waive parliamentary immunity of Members of the Parliament - Judgment) [2026] EUECJ C-572/23P (05 February 2026)

Puigdemont i Casamajo and Others v Parliament (Levee de l'immunite parlementaire) (Appeal - Institutional law - Members of the European Parliament - Privileges and immunities - Decision to waive parliamentary immunity of Members of the Parliament - Judgment) [2026] EUECJ C-572/23P (05 February 2026)

The appointment of a rapporteur who belongs to the same political group as members of a political party that instigated the criminal proceedings against the appellants, and who organised an event supporting that party's prosecution efforts, creates legitimate doubts as to impartiality. This breaches Article 41(1) of...

Source-derived case information.

Citation
[2026] EUECJ C-572/23P
Parties
Appellant: Mr Carles Puigdemont i Casamajó; Appellant: Mr Antoni Comín i Oliveres; Appellant: Ms Clara Ponsatí i Obiols; Respondent: European Parliament; Intervener: Kingdom of Spain
Jurisdiction
European Union
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed; judgment of the General Court set aside; Parliament's decisions on waiver of immunity annulled.
Legal Topics
Parliamentary Immunity, Right to Good Administration, Impartiality of Decision Makers, Waiver of Immunity, Procedural Fairness
European Union Law Constitutional Law Human Rights Parliamentary Immunity Right to Good Administration Impartiality of Decision Makers Waiver of Immunity Procedural Fairness

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Parties

Mr Carles Puigdemont i Casamajó

Appellant

Mr Antoni Comín i Oliveres

Appellant

Ms Clara Ponsatí i Obiols

Appellant

European Parliament

Respondent

Kingdom of Spain

Intervener

Procedural Posture

Appeal / Judgment on Appeal

  1. 1 Whether the appointment of a rapporteur from the same political group as members of a party instigating criminal proceedings against MEPs violates the right to impartiality under Article 41(1) of the Charter of Fundamental Rights of the European Union.
  2. 2 Whether the organisation of an event by the rapporteur with the political party that instigated the criminal proceedings undermines objective impartiality.
  3. 3 Whether the General Court erred in law in its assessment of impartiality and the application of internal parliamentary rules.

Ratio Decidendi

The appointment of a rapporteur who belongs to the same political group as members of a political party that instigated the criminal proceedings against the appellants, and who organised an event supporting that party's prosecution efforts, creates legitimate doubts as to impartiality. This breaches Article 41(1) of the Charter and the Parliament's own internal rules. The General Court erred in law by failing to recognise this breach and by upholding the Parliament's decisions to waive immunity.

Court Disposition

Appeal allowed; judgment of the General Court set aside; Parliament's decisions on waiver of immunity annulled.

Orders

  • The judgment of the General Court of 5 July 2023 in Case T-272/21 is set aside.
  • Decisions P9_TA(2021)0059, P9_TA(2021)0060 and P9_TA(2021)0061 of the European Parliament of 9 March 2021 are annulled.