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The applicant claims that the contested measure is unlawful on the ground that it was adopted by the Head of Unit of the Members’ Salaries and Social Entitlements Unit without the necessary involvement of the Bureau of the European Parliament, which is in fact the body that takes financial, organisational and administrative decisions on matters concerning the Members of the European Parliament under Article 25 of the Rules of Procedure of the European Parliament.

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The applicant claims that the contested measure is unlawful since it fails to provide a sufficient statement of reasons, in breach of the second paragraph of Article 296 TFEU and of Article 41 of the Charter.

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The applicant claims that the contested measure is unlawful on the ground that it was adopted without a valid legal basis, since Article 2(1) of Annex III to the PEAM Rules was repealed following the entry into force of the Statute for Members (Articles 74 and 75 of the IMS).

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The applicant claims that the contested act is unlawful on the ground that the European Parliament misinterpreted and misapplied Article 75 of the IMS and Article 2(1) of Annex III to the PEAM Rules. The applicant submits that those provisions must be interpreted as meaning that the reference, in Article 75 of the IMS, to Annexes I, II and III to the PEAM Rules, and in particular to Article 2(1) of Annex III, must necessarily be understood as referring to the pension applicable when that Annex III was in force. By contrast, the abovementioned provisions have been interpreted and applied by the Parliament as allowing the applicant’s pension to be amended an indefinite number of times, in clear breach of Article 28 of the Statute for Members and of the principles of legitimate expectations and of legal certainty.

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In the end, even if the interpretation of the European Parliament were to be adopted — according to which Article 2(1) of Annex III to the PEAM Rules requires that institution to adjust the EU pension to the pension amount prescribed for the members of the lower house of the national parliament — such an adjustment operation meets its limit under EU law and, in any event, it may relate only to that amount and the conditions for paying the pension, with the consequence that acts that affect the entitlement to a pension itself may not be transposed automatically. However, in the present case, the measure applied to the applicant, through the automatic transposition of Decision 150/2022 by the European Parliament, not only amended the applicant’s entitlement to a pension, by affecting the conditions relating to the constitution of that entitlement due to the retroactive recalculation that changed the pension itself, but presents, moreover, clear signs of incompatibility with EU law.

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The applicant claims that the contested measure is unlawful on the ground that, by providing for the automatic transposition of Decision 150/2022 and the resulting recalculation of the applicant’s pension using a new, retroactive method with permanent effects that directly affects the entitlement to a pension, the European Parliament infringed the principle of legal certainty, which precludes a violation of acquired rights, in line, furthermore, with the rationale of Article 28 of the Statute for Members and Article 75 of the IMS, as well as the principle of legitimate expectations, which does not allow pensions to be diminished or changed. In addition, in so far as it affects only former Italian Members of the European Parliament, who are the sole addressees of a measure that recalculates retroactively, using a contributive method, pensions accrued while the contributive method had not yet been introduced in Italy, that recalculation presents clear signs of infringement of the principle of equality too, in that it amounts to unlawful discrimination compared to former Members of the European Parliament from the other Member States as well as the Members of the European Parliament elected after 2009 and all other citizens in general, who are not subject to any such reductions.

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The applicant submits that the contested measure, which reduced the amount of the pension for the position of Member of the European Parliament to which he was entitled as originally paid, directly affects his right of ownership. He claims, in addition, that interference occurred without an effective statement of reasons and that it imposed a disproportionate and unreasonable sacrifice to his detriment.

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The applicant submits that, since it transposed a measure for the recalculation of pensions which, on account of the way in which it was designed, affects primarily subjects who are older, the European Parliament, by the contested act, is itself in breach of Articles 21 and 25 of the Charter, of Article 10 TFEU and of Article 15 of the European Pillar of Social Rights.