Judgment of the General Court (Fifth Chamber) of 15 September 2021 –
Arnaoutakis and Others v Parliament
(Cases T‑240/20 to T‑245/20)
(Law governing the institutions – Rules governing the payment of expenses and allowances to Members of the European Parliament – Amendment of the voluntary additional pension scheme – Refusal to grant a voluntary additional pension – Plea of illegality – Competence of the Bureau of the Parliament – Rights acquired and future entitlements – Proportionality – Equal treatment – Legal certainty)
1. European Parliament – Rules on costs and indemnities of MEPs – Additional voluntary pension scheme – Decision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament concerning certain conditions of the additional pension scheme – Competence of the Bureau of the Parliament to adopt that decision
(Decision of the European Parliament 2005/684; Decision of the Bureau of the European Parliament concerning implementing measures for the Statute for Members of the European Parliament, Art. 76; Rules of Procedure of the European Parliament,, Art. 25(3); Rules governing the payment of expenses and allowances to Members of the European Parliament, Annex VII)
(see paras 35-40)
2. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament concerning certain conditions of the additional pension scheme – Regulatory measure of general scope – Admissibility of statement of reasons limited to indicating the overall situation leading to the adoption of the measure and the general objectives pursued by the latter – Decision falling within a context known to the persons to whom it is addressed
(Art. 296, second para., TFEU)
(see paras 46-50)
3. European Parliament – Rules on costs and indemnities of MEPs – Additional voluntary pension scheme – Decision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament concerning certain conditions of the additional pension scheme – Rights acquired or in the process of being acquired – Infringement – None
(Decision of the European Parliament 2005/684, Art. 27; Decision of the Bureau of the European Parliament concerning implementing measures for the Statute for Members of the European Parliament, Art. 76(2); Rules of Procedure of the European Parliament, Art. 25)
(see paras 58-63, 66-75)
4. European Parliament – Rules on costs and indemnities of MEPs – Additional voluntary pension scheme – Decision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament concerning certain conditions of the additional pension scheme – Principle of the protection of legitimate expectations – Infringement – None
(see paras 80, 81)
5. European Parliament – Rules on costs and indemnities of MEPs – Additional voluntary pension scheme – Decision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament concerning certain conditions of the additional pension scheme – Raising of the retirement age – Special levy on the pensions of Members of the European Parliament who are members of the additional pension scheme – Principle of proportionality – Infringement – None
(see paras 86-95)
6. European Parliament – Rules on costs and indemnities of MEPs – Additional voluntary pension scheme – Decision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament concerning certain conditions of the additional pension scheme – Principle of equal treatment – Infringement – None
(Decision of the European Parliament 2005/684; Rules governing the payment of expenses and allowances to Members of the European Parliament, Annex VII)
(see paras 100-108)
7. European Parliament – Rules on costs and indemnities of MEPs – Additional voluntary pension scheme – Decision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament concerning certain conditions of the additional pension scheme – Principle of legal certainty – Infringement – None
(see paras 112-117, 119-124)
Re:
| Application under Article 263 TFEU seeking annulment of the Parliament’s decision rejecting the application made by the applicants to be granted a voluntary additional pension in accordance with the Decision of the Bureau of the European Parliament of 10 December 2018 amending the Implementing Measures for the Statute for Members of the European Parliament (OJ 2018 C 466, p. 8) on the ground that they have not reached the required age of 65. |
Operative part
The Court:
1. | | Joins Cases T‑240/20 to T‑245/20 for the purpose of the judgment; |
3. | | Orders Mr Stavros Arnaoutakis and the other applicants whose names appear in the annex to pay the costs. |