Appeal brought on 15 September 2023 by Carles Puigdemont i Casamajó, Antoni Comín i Oliveres against the judgment of the General Court (Sixth Chamber, Extended Composition) delivered on 5 July 2023 in Case T-115/20, Puigdemont i Casamajó and Comín i Oliveres v Parliament

(Case C-573/23 P)

Language of the case: English

Parties

Appellants: Carles Puigdemont i Casamajó, Antoni Comín i Oliveres (represented by: P. Bekaert and S. Bekaert, advocaten, G. Boye, abogado)

Other parties to the proceedings: European Parliament, Kingdom of Spain

Form of order sought

The appellants claim that the Court should:

set aside the judgment under appeal;

annul the decision of the President of the European Parliament allegedly contained in his letter of 10 December 2019, sent in response to the request that the Parliament, on the basis of Rule 9 of its Rules of Procedure, defend their parliamentary immunity; or, in the alternative

refer the case back to the General Court;

order the European Parliament and the Kingdom of Spain to pay the costs; or, in the alternative

reserve the costs.

Pleas in law and main arguments

In support of this appeal, the appellants rely on the following three grounds of appeal:

First ground of appeal: Breach of Article 47 of the Charter of Fundamental Rights of the European Union, in light of Article 6 of the European Convention on Human Rights and the case law of the European Court of Human Rights, of Article 296 TFEU, and of Articles 36 and 53 of the Statute of the Court of Justice.

Second ground of appeal: Breach of Article 263 TFEU and Article 47 of the Charter, in connection with Articles 39(2) and 41 of the Charter and Rules 7 and 9 of the Rules of Procedure of the European Parliament.

Third ground of appeal: Breach of Article 47 of the Charter as a result of the excessive length of the proceedings before the General Court.

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