ECJ 6 October 2021, case C-431/20 P (Tognoli and Others v Parliament), Miscellaneous

• Summary

  Successful appeal against General Court Order dated 3 July 2020 on rejection of claims regarding recovery of pension amounts. The case is referred back to the General Court for a ruling on the claims made by Mr Tognoli and Others.

• Order

  The Court (First Chamber):

  1. Sets aside the order of the General Court of the European Union of 3 July 2020, Tognoli and Others v Parliament (T-395/19, T-396/19, T-405/19, T-408/19, T-419/19, T-423/19, T-424/19, T-428/19, T-433/19, T-437/19, T-443/19, T-455/19, T-458/19 to T-462/19, T-464/19, T-469/19 and T-477/19, not published, EU:T:2020:302), in so far as it rejected the claims made by Mr Carlo Tognoli and Others for annulment of the notes of 11 April 2019 drawn up by the Head of the ‘Members’ Salaries and Social Entitlements’ Unit of the European Parliament’s Directorate-General for Finance and concerning the adjustment of the amount of the pensions they receive following the entry into force, on 1 January 2019, of Decision No 14/2018 of the Ufficio di Presidenza della Camera dei deputati (Office of the President of the Chamber of Deputies, Italy) and of the decisions of the European Parliament set out in the letters of 20 June (Case T-396/19), of 8 July (Cases T-405/19, T-408/19, T-443/19 and T-464/19), of 15 July (Cases T-419/19, T-433/19, T-455/19, T-458/19 to T-462/19, T-469/19 and T-477/19) and of 23 July 2019 (Cases T-395/19, T-423/19, T-424/19 and T-428/19);

  2. Dismisses the pleas of inadmissibility raised by the European Parliament before the General Court;

  3. Refers the cases back to the General Court for a ruling on the claims made by Mr Carlo Tognoli and Others for annulment of those notes and those decisions;

  4. Reserves the costs.