Notices for publication in the OJ nº T-24/20 of Tribunal General de la Unión Europea, February 14, 2020

• Resolution Date: February 14, 2020
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-24/20

Action brought on 17 January 2020 - Junqueras i Vies v Parliament

(Case T-24/20)

Language of the case: Spanish

Parties

Applicant: Oriol Junqueras i Vies (Sant Joan de Vilatorrada, Spain) (represented by: A. Van den Eynde Adroer, lawyer)

Defendant: European Parliament

Form of order sought

The applicant requests the General Court to declare that the application bringing an action against the contested measures, together with the documents annexed thereto, was submitted in good time, to admit the application and, on the merits, to declare the contested measures, which are the subject of the present proceedings, null and void, and also to order the defendant to pay the costs.

Pleas in law and main arguments

The present action is brought against (i) the decision of the European Parliament announced by President Sassoli in the plenary session of 13 January 2020, that, taking into account the decision of the Junta Electoral Central (Central Electoral Commission, Spain) of 3 January 2020 and pursuant to the decision of the Tribunal Supremo (Supreme Court, Spain) of 9 January 2020, the parliamentary seat of Mr Oriol Junqueras i Vies is vacant with effect from 3 January 2020, in accordance with the Rules of Procedure of the European Parliament, and against (ii) the rejection, by that decision, of the urgent request to protect the immunity of Mr Junqueras i Vies, submitted on his behalf on 20 December 2019 (20.12.2019) by Ms Riba i Giner (MEP).

In support of his action, the applicant relies on five pleas in law.

First plea in law, alleging infringement of Article 41(1) and (2) of the Charter of Fundamental Rights of the European Union (‘the Charter’), on the basis that Article 13(3) of the European Electoral Act (1976) and Rule 4(7) of the European Parliament’s Rules of Procedure are to be interpreted as meaning that there must be a procedure in accordance with those rights which allows the objections to the declaration that Mr Oriol Junqueras i Vies’ parliamentary seat is vacant to be put forward and challenged.

Second plea in law, alleging infringement of Article 39(1) and (2) of the Charter, Article 14(3) TEU, Article 1(3) of the European Electoral Act (1976), the principle of sincere cooperation in Article 4(3) TEU (in this case by the Tribunal Supremo), the principle of the primacy of EU law, Article 9(2) of Protocol 7 on Privileges and Immunities and Article 6 of the Rules of Procedure of the European Parliament, on the ground that...