Judgment of the General Court (Fifth Chamber) of 15 September 2021

1. European ParliamentRules on costs and indemnities of MEPsAdditional voluntary pension schemeDecision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament concerning certain conditions of the additional pension schemeCompetence of the Bureau of the Parliament to adopt that decision

(Decision of the European Parliament 2005/684; Decision of the Bureau of the European Parliament concerning implementing measures for the Statute for Members of the European Parliament, Art. 76; Rules of Procedure of the European Parliament,, Art. 25(3); Rules governing the payment of expenses and allowances to Members of the European Parliament, Annex VII)

(see paras 35-40)

2. Acts of the institutionsStatement of reasonsObligationScopeDecision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament concerning certain conditions of the additional pension schemeRegulatory measure of general scopeAdmissibility of statement of reasons limited to indicating the overall situation leading to the adoption of the measure and the general objectives pursued by the latterDecision falling within a context known to the persons to whom it is addressed

(Art. 296, second para., TFEU)

(see paras 46-50)

3. European ParliamentRules on costs and indemnities of MEPsAdditional voluntary pension schemeDecision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament concerning certain conditions of the additional pension schemeRights acquired or in the process of being acquiredInfringementNone

(Decision of the European Parliament 2005/684, Art. 27; Decision of the Bureau of the European Parliament concerning implementing measures for the Statute for Members of the European Parliament, Art. 76(2); Rules of Procedure of the European Parliament, Art. 25)

(see paras 58-63, 66-75)

4. European ParliamentRules on costs and indemnities of MEPsAdditional voluntary pension schemeDecision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament concerning certain conditions of the additional pension schemePrinciple of the protection of legitimate expectationsInfringementNone

(see paras 80, 81)

5. European ParliamentRules on costs and indemnities of MEPsAdditional voluntary pension schemeDecision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament concerning certain conditions of the additional pension schemeRaising of the retirement ageSpecial levy on the pensions of Members of the European Parliament who are members of the additional pension schemePrinciple of proportionalityInfringementNone

(see paras 86-95)

6. European ParliamentRules on costs and indemnities of MEPsAdditional voluntary pension schemeDecision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament concerning certain conditions of the additional pension schemePrinciple of equal treatmentInfringementNone

(Decision of the European Parliament 2005/684; Rules governing the payment of expenses and allowances to Members of the European Parliament, Annex VII)

(see paras 100-108)

7. European ParliamentRules on costs and indemnities of MEPsAdditional voluntary pension schemeDecision of the Bureau of the European Parliament amending the Implementing Measures for the Statute for Members of the European Parliament concerning certain conditions of the additional pension schemePrinciple of legal certaintyInfringementNone

(see paras 112-117, 119-124)

Re:

Application under Article 263 TFEU seeking annulment of the Parliament’s decision rejecting the application made by the applicants to be granted a voluntary additional pension in accordance with the Decision of the Bureau of the European Parliament of 10 December 2018 amending the Implementing Measures for the Statute for Members of the European Parliament (OJ 2018 C 466, p. 8) on the ground that they have not reached the required age of 65.

Operative part

The Court:

1. Joins Cases T‑240/20 to T‑245/20 for the purpose of the judgment;

2. Dismisses the actions;

3. Orders Mr Stavros Arnaoutakis and the other applicants whose names appear in the annex to pay the costs.