Notices for publication in the OJ nº T-734/19 of Tribunal General de la Unión Europea, December 06, 2019

• Resolution Date: December 06, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-734/19

Action brought on 4 November 2019 - Junqueras i Vies v Parliament

(Case T-734/19)

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 claims that the General Court should find that the action against the contested act and the annexes thereto has been lodged in time, declare the action admissible and, having regard to the pleas in law relied upon, annul the contested act of the President of the European Parliament, and order the defendant to pay the costs.

Pleas in law and main arguments

The present action is directed against the decision of the President of the European Parliament, Mr Sassoli, of 22 August 2019, whereby he declared himself not to be competent and, therefore, rejected the petition of 4 July 2019 made to the President with a view to triggering, in accordance with Rule 8 of the European Parliament’s Rules of Procedure, the urgent action procedure in order to assert Mr Junqueras i Vies’ parliamentary immunity.

In support of his action, the applicant relies on a single plea in law, alleging infringement of Rule 8 of the Rules of Procedure of the European Parliament, in that the President of the European Parliament declared himself not to be competent to deal with the petition for protection of the parliamentary immunity of Mr Oriol Junqueras i Vies, submitted on 4 July 2019, when the case raises serious legal issues regarding compliance with EU law, and especially the protection of the immunity of Members of the European Parliament. That decision was adopted without the case being dealt with and on the sole basis of the communication from the Junta Electoral Central de España (Central Electoral Commission, Spain) declaring Mr Oriol Junqueras i Vies’ seat vacant.

In that connection, the applicant claims that:

The oath or promise to uphold the Spanish constitution is a substantive requirement under domestic electoral law which infringes the provisions of the European Electoral Act 1976.

In the absence of implementation of the mechanism for substituting candidates in a given seat, the...