Judgment of the General Court of 3 February 2021 – Moi v Parliament

(Case T-17/19) ¹

(Institutional law – European Parliament – Psychological harassment – Decisions of the President of the Parliament finding that two accredited parliamentary assistants suffered harassment and imposing on a Member of Parliament the penalty of forfeiture of entitlement to the daily subsistence allowance for a period of 12 days – Rules 11 and 166 of the Rules of Procedure of the Parliament – Internal appeal – Decision of the Bureau of the Parliament confirming the penalty – Rule 167 of the Rules of Procedure of the Parliament – Action for annulment – Time limit for bringing an action – Admissibility – Rights of the defence – Non-contractual liability)

Language of the case: Italian

Parties

Applicant: Giulia Moi (Italy) (represented by: M. Pisano and P. Setzu, lawyers)

Defendant: European Parliament (represented by: T. Lazian, S. Seyr and M. Windisch, acting as Agents)

Re:

First, principally, application under Article 263 TFEU for annulment of various measures adopted in connection with a procedure initiated against the applicant finding that harassment occurred and imposing a penalty and, in the alternative, application for a finding that the penalty imposed on her is excessive and/or disproportionate and for its replacement by the penalty laid down in Rule 166(a) of the Rules of Procedure of the Parliament and, secondly, application under Article 268 TFEU for an order that the Parliament pay her compensation and that the President communicate that information publicly in the plenary session of the Parliament.

Operative part of the judgment

The Court:

Annuls the decision of the President of the European Parliament of 2 October 2018 classifying as psychological harassment the behaviour of Mrs Giulia Moi towards two of her accredited parliamentary assistants, the decision of the President of the Parliament of 2 October 2018 imposing on Mrs Moi, as a penalty for her behaviour towards two of her accredited parliamentary assistants, classified as psychological harassment, the forfeiture of entitlement to her daily subsistence allowance for a period of 12 days and the decision of the Bureau of the Parliament of 12 November 2018 concerning the complaint lodged by Mrs Moi on 16 October 2018 in accordance with Rule 167 of the Rules of Procedure of the Parliament;

Dismisses the action as to the remainder;

Orders the Parliament to pay the costs.

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¹ OJ C 93, 11.3.2019.