Judgment of the General Court (Third Chamber) of 12 May 2017.Paolo Costa v European Parliament.Rules governing emoluments of Members of the Parliament — Old-age pension — Suspension — Recovery — Rule against overlapping — Rules on payment of expenses and allowances to Members of the European Parliament — Reference to national legislation — Article 12(2a)(v) of the Regulation on life-annuities of Members of the Italian Chamber of Deputies — Allowance received for exercising the function of President of an Italian Port Authority — Legitimate expectations.Joined Cases T-15/15 and T-197/15.

Judgment // 12/05/2017 // 3 min read
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Judgment of the General Court (Third Chamber) of 12 May 2017 —Costa v Parliament

(Joined Cases T‑15/15 and T‑197/15)

(Rules governing emoluments of Members of the Parliament — Old-age pension — Suspension — Recovery — Rule against overlapping — Rules on payment of expenses and allowances to Members of the European Parliament — Reference to national legislation — Article 12(2a)(v) of the Regulation on life-annuities of Members of the Italian Chamber of Deputies — Allowance received for exercising the function of President of an Italian Port Authority — Legitimate expectations)

  1. Judicial proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Brief summary of the pleas in law on which the application is based — Unambiguous wording of the form of order sought by the applicant

(Statute of the Court of Justice, Arts 21 and 53; Rules of Procedure of the General Court, Art. 76(d))

(see paras 32, 34)

  1. Actions for annulment — Actionable measures — Concept — Measures producing binding legal effects — Preparatory measures — Not included — Intermediate measures constituting a measure implementing the final decision — Preparatory act

(Art. 263, first para., TFEU)

(see para. 37)

  1. Actions for annulment — Jurisdiction of the EU judicature — Action against a decision of an institution refusing to grant a benefit provided for by EU law in accordance with conditions arising from the national law of a Member State — Verification by the EU judicature that the said conditions met, where necessary taking account of the relevant national case-law — Lawfulness

(Art. 263 TFEU)

(see paras 48, 60)

  1. European Parliament — Rules on costs and indemnities of MEPs — Retirement pensions — Suspension of payment where elected or governmental functions carried out with local authorities — Scope — Interpretation having regard to the national law applicable to the function exercised — Function of President of an Italian Port Authority — Inclusion

(see paras 49-57)

  1. EU law — Principles — Protection of legitimate expectations — Conditions — Specific assurances given by the authorities — Concept — Silence of the administration — Exclusion

(see paras 72-75)

Re:

Two actions based on Article 263 TFEU seeking annulment of the decisions of the Bureau of the Parliament of 20 October 2014 and of 9 February 2015 concerning, respectively, suspension of the provisional retirement pension of the applicant and recovery of the sum of EUR 49 770.42 paid in that respect, as well as annulment of debit note 2015-239 of 23 February 2015 concerning that recovery.

Operative part

The Court:

  1. Dismisses the actions;

  2. Orders Mr Paolo Costa to pay the costs, including those relating to the interlocutory proceedings.

Provisions governing the Institutions