Judgment of the Court (Sixth Chamber) of 22 December 2022.European Parliament v Giulia Moi.Case C-246/21 P.

Judgment // 22/12/2022 // 2 min read
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Judgment of the Court (Sixth Chamber) of 22 December 2022 –Parliament v Moi

(Case C‑246/21 P) ( 1 )

(Appeal – Law governing the institutions – Member of the European Parliament – Principle of ne ultra petita – Subject matter of the dispute – Rights of the defence – Article 232 TFEU – Operating arrangements of the Parliament – Sixth paragraph of Article 263 TFEU – Time limit for bringing proceedings – Cross-appeal)

  1. Appeal – Grounds – Plea raised for the first time in the context of the appeal – Ground arising from the judgment under appeal itself and criticising its correctness

(see paragraph 42)

  1. Action for annulment – Jurisdiction of the EU judicature – Scope – Prohibition on ruling ultra petita – Obligation to comply with the framework of the dispute defined by the parties – Implicit identification of the contested measure by the parties – Whether permissible – Conditions

(Art. 263 TFEU; Statute of the Court of Justice, Art. 21; Rules of Procedure of the Court of Justice, Art. 120(c) and (d); Rules of Procedure of the General Court, Arts 76 and 84(1))

(see paragraphs 55-59)

Operative part

The Court:

  1. Dismisses the main appeal and the cross-appeal;

  2. Orders the European Parliament to pay the costs relating to the main appeal;

  3. Orders Ms Giulia Moi to pay the costs relating to the cross-appeal.

( 1 ) OJ C 228, 14.6.2021.