Tognoli and Others v Parliament (Appeal - Institutional law - Single statute for Members of the European Parliament - Opinion) French Text [2021] EUECJ C-431/20P_O (15 July 2021)

Tognoli and Others v Parliament (Appeal - Institutional law - Single statute for Members of the European Parliament - Opinion) French Text [2021] EUECJ C-431/20P_O (15 July 2021)

The Advocate General concluded that the notes of 11 April 2019 produced binding legal effects by reducing the applicants' pension amounts and were thus challengeable acts under Article 263 TFEU. The General Court erred in treating these notes as non-definitive or preparatory, as the Parliament's subsequent responses...

Source-derived case information.

Citation
[2021] EUECJ C-431/20P_O
Parties
Appellants: Carlo Tognoli and Others; Respondent: Parliament européen (European Parliament)
Jurisdiction
European Union
Procedural Posture
Appeal / Opinion of Advocate General on Appeal From General Court Decision
Outcome
Opinion to annul the General Court's order and remit the case for examination on the merits.
Legal Topics
Judicial Review of EU Acts, Pensions of Members of European Parliament, Admissibility of Actions, Procedural Law
Institutional Law European Union Law Administrative Law Judicial Review of EU Acts Pensions of Members of European Parliament Admissibility of Actions Procedural Law

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 20 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Carlo Tognoli and Others

Appellants

Parliament européen (European Parliament)

Respondent

Procedural Posture

Appeal / Opinion of Advocate General on Appeal From General Court Decision

  1. 1 Whether the notes of 11 April 2019 from the Parliament's DG Finance constitute challengeable acts under Article 263 TFEU
  2. 2 Whether the General Court erred in declaring the actions manifestly inadmissible
  3. 3 Interpretation of Article 86 of the Rules of Procedure regarding adaptation of pleadings

Ratio Decidendi

The Advocate General concluded that the notes of 11 April 2019 produced binding legal effects by reducing the applicants' pension amounts and were thus challengeable acts under Article 263 TFEU. The General Court erred in treating these notes as non-definitive or preparatory, as the Parliament's subsequent responses did not alter the substance of the reduction. The exception of inadmissibility raised by the Parliament should be rejected, and the case should be remitted to the General Court for examination on the merits.

Court Disposition

Opinion to annul the General Court's order and remit the case for examination on the merits.

Orders

  • Annul the order of the General Court of 3 July 2020 in Tognoli and Others v Parliament (T-395/19 and joined cases).
  • Reject the exception of inadmissibility raised by the Parliament.