Action brought on 8 October 2023 – ZZ v Parliament
(Case T-808/23)
Language of the case: Spanish
Parties
Applicant: ZZ (represented by: J. Martínez Gimeno, X. Codina García-Andrade, F. Díaz-Grande Rojo and S. Fernández Tourné, lawyers)
Defendant: European Parliament
Form of order sought
The applicant claims that the Court should:
annul the Payment Notice on the ground that Article 76(1a) of the Decision of the Bureau of the European Parliament of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament (‘the Implementing Measures’), as amended by the Decision of the Bureau of the European Parliament of 12 June 2023, 1 is unlawful, and annul all payments of entitlements made subsequent to the Payment Notice for the same reason;
order the European Parliament to issue new payment notices in respect of the applicant’s entitlements under the Additional Voluntary Pension Scheme (‘AVPS’) up to the amount which would have been applicable in accordance with the wording of Article 76 of the Implementing Measures prior to the 2023 Decision, both in respect of the same Payment Notice and in respect of all the subsequent payment notices issued since that date;
order the European Parliament, in accordance with those new payment notices, to maintain the sums already paid to the applicant by way of AVPS entitlements and to pay the difference between the amount of the Payment Notice (and those issued up until judgment) and the amount which would have been applicable in accordance with the wording of Article 76 of the Implementing Measures prior to the 2023 Decision, together with statutory interest from the date on which that difference had to be paid until payment in full; and
order the European Parliament to pay the costs.
Pleas in law and main arguments
The pleas in law and main arguments are similar to those put forward in Case T-620/23, Barón Crespo v Parliament.
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1 Decision of the Bureau of the European Parliament of 12 June 2023 amending the Implementing Measures for the Statute for Members of the European Parliament (2023/C 227/05) (OJ 2023 C 227, p. 5).