Judgment of the Court (Seventh Chamber) of 6 May 2021.Bruno Gollnisch v European Parliament.Appeal – 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 – Concept of ‘individual decision taken with regard to a Member of the Parliament’ – Article 72 of the Implementing Measures for the Statute for Members of the Parliament – Sixth paragraph of Article 263 TFEU – Time limit for bringing proceedings.Case C-122/20 P.

Judgment // 06/05/2021 // 3 min read
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Judgment of the Court (Seventh Chamber) of 6 May 2021 – Gollnisch v Parliament

(Case C‑122/20 P) ( 1 )

(Appeal – 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 – Concept of ‘individual decision taken with regard to a Member of the Parliament’ – Article 72 of the Implementing Measures for the Statute for Members of the Parliament – Sixth paragraph of Article 263 TFEU – Time limit for bringing proceedings)

  1. Appeal – Grounds – Plea raised for the first time in the context of the appeal – Argument constituting an additional argument supplementing a plea put forward at first instance and not changing the subject matter of the dispute – Admissibility

(Rules of Procedure of the General Court, Art. 127)

(see paras 43, 44)

  1. Appeal – Grounds – Challenge, repeating the pleas in law and arguments put forward before the General Court, to the interpretation or application of EU law by that court – Admissibility

(Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Arts 168(1)(d) and 169(2))

(see paras 45-47)

  1. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Person individually affected by a measure of a general nature – Rules governing the payment of expenses and allowances to Members of the European Parliament – Amendment of the voluntary additional pension scheme – Not permissible

(Art. 263, fourth para., TFEU; Decision of the Bureau concerning implementing measures for the Statute for Members of the European Parliament, Art. 72)

(see paras 55-57)

  1. Plea of illegality – Measures the illegality of which may be pleaded – General measure providing the basis of the contested decision – Admissibility of an action for annulment brought against the general measure – Time bar – Absence

(Arts 263 and 277 TFEU)

(see paras 62-64)

  1. Acts of the institutions – Decision amending the Rules governing the additional voluntary pension scheme for Members of the European Parliament – Measure of general application – Complaints procedure – Not applicable – Prolongation of the time limit for bringing proceedings – None – Action brought out of time – Inadmissibility

(Art. 263 TFEU; Decision of the Bureau of the Parliament concerning implementing measures for the Statute for Members of the European Parliament, Art. 72)

(see paras 65-67)

Operative part

The Court:

  1. Dismisses the appeal;

  2. Orders Mr Bruno Gollnisch to pay the costs

( 1 ) OJ C 175, 25.5.2020.

Provisions governing the Institutions