Notices for publication in the OJ nº T-388/19 of Tribunal General de la Unión Europea, July 26, 2019

• Resolution Date: July 26, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-388/19

Action brought on 28 June 2019 - Puigdemont i Casamajó and Comín i Oliveres v Parliament

(Case T-388/19)

Language of the case: English

Parties

Applicants: Carles Puigdemont i Casamajó (Waterloo, Belgium) and Antoni Comín i Oliveres (Waterloo) (represented by: P. Bekaert, lawyer, B. Emmerson QC, G. Boye and S. Bekaert, lawyers)

Defendants: European Parliament

Form of order sought

The applicants claim that the Court should:

annul the Parliament’s decision to deny the applicants’ access to the special reception service set up for elected members of Parliament and the instruction of the President of the Parliament of 29 May 2019, which prevented them from submitting the written declaration required by Rule 3(2) of the Rules of Procedure;

annul the Parliament’s decision, as confirmed by the letter without legal basis of the President of the Parliament of 27 June 2019, not to take note of the results officially declared by Spain of the election to the European Parliament of 26 May 2019, and the subsequent decision to take note of a different and incomplete list of elected members notified on 17 June 2019 by the Spanish authorities, which does not include the applicants;

annul the Parliament’s decision to treat the communication of the Spanish Electoral Commission of 20 June 2019 as depriving of effect the declaration of the applicants as elected members of Parliament, which amounts to an unlawful declaration of a vacancy that violates Article 13 of the 1976 Electoral Act, attributable to the Parliament;

annul the Parliament’s decision, as confirmed by the letter without legal basis of the President of the Parliament of 27 June 2019, refusing to guarantee, pursuant to Rule 3(2) of its Rules of Procedure, the right of the applicants to take their seats in Parliament and on its bodies and to enjoy all the rights attaching thereto from the date of the first sitting and until a ruling has been given on the disputes referred both to Parliament and to the judicial authorities of Spain;

annul the President of the Parliament’s decision, as confirmed by the letter without legal basis of the President of the Parliament of 27 June 2019, refusing to assert the privileges and immunities of the applicants under Article 9 of Protocol (No 7) on the Privileges and Immunities of the European Union, in accordance with Rule 8 of the Rules of Procedure;

order the defendant to pay all costs of these proceedings, and in accordance with Article 340, second...