This document is an excerpt from the EUR-Lex website
Document 62020TN0100
Case T-100/20: Action brought on 20 February 2020 — Junqueras i Vies v Parliament
Case T-100/20: Action brought on 20 February 2020 — Junqueras i Vies v Parliament
Case T-100/20: Action brought on 20 February 2020 — Junqueras i Vies v Parliament
IO C 114, 6.4.2020, p. 19–20
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
6.4.2020 |
EN |
Official Journal of the European Union |
C 114/19 |
Action brought on 20 February 2020 — Junqueras i Vies v Parliament
(Case T-100/20)
(2020/C 114/21)
Language of the case: Spanish
Parties
Applicant: Oriol Junqueras i Vies (Sant Joan de Vilatorrado, Spain) (represented by: A. Van den Eynde Adroer, lawyer)
Defendant: European Parliament
Form of order sought
The applicant seeks a declaration by the General Court that the action brought against the contested act and the annexes thereto has been lodged in time, that the action admissible and, having regard to the pleas in law relied upon, seeks the annulment of the contested act of the President of the European Parliament, and an order for the defendant to pay the costs.
Pleas in law and main arguments
This action is brought against the decision of the President of the European Parliament of 10 December 2019 by which (referring to his decision of 22 August 2019 contested before the General Court of the European Union under case number T-734/19, Junquieras i Vies v Parliament) it declined to rule on the petition for the protection of immunity submitted by Ms Diana Riba i Giner, MEP, on behalf of the Member of the European Parliament Mr Oriol Junqueras i Vies.
In support of the action, the applicant relies on four pleas in law.
1. |
First plea in law, alleging infringement of Article 39 of the Charter of Fundamental Rights of the European Union (CFREU) and Article 3(1) of the European Convention of Human Rights and Fundamental Freedoms, and Articles 20, 21(1) and (2) and 41(1) and (2) CRFEU and, in addition, the failure to interpret Articles 7 and 9 of the Rules of Procedure of the European Parliament in accordance with the articles cited.
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2. |
Second plea in law, alleging infringement of the judgment of the Court of Justice of 19 December 2019 (C-502/19, Junquieras i Vies) and the right to the protection of immunity in accordance with Article 39 CFREU, Article 9 of the Protocol on the privileges and immunities of the European Union, and Articles 7 and 9 of the Rules of Procedure.
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3. |
Third plea in law, alleging infringement of Articles 7 and 9 of the Rules of Procedure of the European Parliament on the grounds that the President of the Parliament lacked competence to decide on the admissibility of the request for protection of immunity, and the failure to follow the established procedure in that regard.
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4. |
Fourth plea in law, alleging infringement of Article 39 CFREU, Article 9 of the Protocol on the privileges and immunities of the European Union in its entirety and Articles 7 and 9 of the Rules of Procedure of the European Parliament.
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