Judgment of the Court (Tenth Chamber) of 9 March 2023.Francoise Grossetête 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 additional voluntary pension scheme – Individual decision fixing additional voluntary pension rights – Plea of illegality – Competence of the Bureau of the Parliament – Rights acquired or in the process of being acquired – Proportionality – Equal treatment – Legal certainty.Case C-714/21 P.

Judgment // 09/03/2023 // 4 min read
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Judgment of the Court (Tenth Chamber) of 9 March 2023 –Grossetête v Parliament

(Case C‑714/21 P) ( 1 )

(Appeal – Law governing the institutions – Rules governing the payment of expenses and allowances to Members of the European Parliament – Amendment of the additional voluntary pension scheme – Individual decision fixing additional voluntary pension rights – Plea of illegality – Competence of the Bureau of the Parliament – Rights acquired or in the process of being acquired – Proportionality – Equal treatment – Legal certainty)

  1. European Parliament – Rules governing the payment of expenses and allowances to Members of the European Parliament – Additional voluntary pension scheme – Decision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament concerning certain conditions of the additional pension scheme – Competence of the Bureau of the Parliament to adopt that decision

(Decision of the European Parliament 2005/684; Decision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament, Art. 76; Rules of Procedure of the European Parliament, Rule 25(3); Rules governing the payment of expenses and allowances to Members of the European Parliament, Annex VII)

(see paragraphs 71-74)

  1. European Parliament – Rules governing the payment of expenses and allowances to Members of the European Parliament – Additional voluntary pension scheme – Decision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament concerning certain conditions of the additional pension scheme – Rights acquired or in the process of being acquired – Infringement – None

(Decision of the European Parliament 2005/684, Art. 27; Decision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament, Art. 76(2))

(see paragraphs 84-94)

  1. European Parliament – Rules governing the payment of expenses and allowances to Members of the European Parliament – Additional voluntary pension scheme – Decision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament concerning certain conditions of the additional pension scheme – Principle of equal treatment – Infringement – None

(Decision of the European Parliament 2005/684; Rules governing the payment of expenses and allowances to Members of the European Parliament, Annex VII)

(see paragraphs 102-106)

  1. European Parliament – Rules governing the payment of expenses and allowances to Members of the European Parliament – Additional voluntary pension scheme – Decision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament concerning certain conditions of the additional pension scheme – Raising of the retirement age – Special levy on the pensions of Members of the European Parliament who are members of the additional pension scheme – Principle of proportionality – Infringement – None

(Decision of the European Parliament 2005/684; Decision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament, Art. 76; Rules governing the payment of expenses and allowances to Members of the European Parliament, Annex VII)

(see paragraphs 108-113)

  1. European Parliament – Rules governing the payment of expenses and allowances to Members of the European Parliament – Additional voluntary pension scheme – Decision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament concerning certain conditions of the additional pension scheme – Principle of legal certainty – Infringement – None

(Decision of the European Parliament 2005/684; Decision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament, Art. 76; Rules governing the payment of expenses and allowances to Members of the European Parliament, Annex VII)

(see paragraphs 120-122)

Operative part

The Court:

  1. Dismisses the appeal;

  2. Orders Ms Françoise Grossetête to pay the costs.

( 1 ) OJ C 37, 24.1.2022.

Provisions governing the Institutions