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Document 62020TN0242
Case T-242/20: Action brought on 27 April 2020 — Frutos Gama v Parliament
Case T-242/20: Action brought on 27 April 2020 — Frutos Gama v Parliament
Case T-242/20: Action brought on 27 April 2020 — Frutos Gama v Parliament
IO C 215, 29.6.2020, p. 48–49
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
29.6.2020 |
EN |
Official Journal of the European Union |
C 215/48 |
Action brought on 27 April 2020 — Frutos Gama v Parliament
(Case T-242/20)
(2020/C 215/58)
Language of the case: French
Parties
Applicant: Manuela Frutos Gama (Valverde de Mérida, Spain) (represented by: A. Schmitt and A. Grosjean, lawyers)
Defendant: European Parliament
Form of order sought
The applicant claims that the Court should:
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declare the present action admissible; |
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where necessary, by way of measures of organisation of procedure or measures of inquiry in the present case, order the European Parliament to disclose the opinions issued by the legal service of the European Parliament, which were allegedly delivered on 16 July 2018 and 3 December 2018, without prejudice to the precise date, and in any event before the adoption of the decision of the European Parliament Bureau of 10 December 2018 amending the Implementing Measures for the Statute for Members of the European Parliament (2018/C 466/02, OJ 2018 C 466, p. 8); |
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annul, pursuant to Article 263 TFEU, the contested individual decision, notified to the applicant by the Members’ Salaries and Social Entitlements Unit of the European Parliament’s Directorate-General for Finance, concerning the applicant’s entitlement to her additional (voluntary) pension, in so far as that decision raised the age for entitlement to the additional (voluntary) pension payable to the applicant from 63 to 65 years with effect from 1 January 2019, as introduced by the aforementioned decision of the Bureau of 10 December 2018; |
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annul, or declare inapplicable pursuant to Article 277 TFEU, the decision of the Parliament Bureau of 10 December 2018 referred to above, in so far as it amends Article 76 of the Implementing Measures, and more particularly, in so far as it raises the age for entitlement to the additional (voluntary) pension payable with effect from 1 January 2019; |
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order the Parliament to pay the costs. |
Pleas in law and main arguments
In support of the action, the applicant relies on five pleas in law.
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First plea in law, alleging lack of competence ratione materiae of the Bureau.
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Second plea in law, alleging infringement of essential procedural requirements.
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3. |
Third plea in law, alleging infringement of acquired rights and future entitlements and of the principle of legitimate expectations.
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4. |
Fourth plea in law, alleging infringement of the principle of proportionality and the principles of equal treatment and non-discrimination.
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5. |
Fifth plea in law, alleging infringement of legal certainty and the absence of transitional measures.
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