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15 December 2010 * in Cases T-219/09 and T-326/09, Gabriele

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15 December 2010 * in Cases T-219/09 and T-326/09, Gabriele ORDER OF 15. 12. 2010 — CASES T-219/09 AND T-326/09 ORDER OF THE GENERAL COURT (Fourth Chamber) 15 December 2010 * In Cases T-219/09 and T-326/09, Gabriele Albertini, residing in Milan (Italy), and the other 62 Members or former Members of the European Parliament whose names appear in the annex, represented by S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers, applicants in Case T-219/09, and Brendan Donnelly, residing in London (United Kingdom), represented by S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers, applicant in Case T-326/09, v European Parliament, represented initially by H. Krück, A. Pospíšilová Padowska and G. Corstens, and subsequently by N. Lorenz, A. Pospíšilová Padowska and G. Corstens, acting as Agents, defendant, * Language of the case: French. II - 5938 ALBERTINI AND OTHERS AND DONNELLY v PARLIAMENT APPLICATION for annulment of the decisions of the European Parliament of 9 March and 1 April 2009 amending the Rules governing the additional (voluntary) pension scheme contained in Annex VIII to the Rules governing the payment of expenses and allowances to Members of the European Parliament, THE GENERAL COURT (Fourth Chamber), composed of I. Pelikánová (Rapporteur), President, K. Jürimäe and M. van der Woude, Judges, Registrar: E. Coulon, makes the following Order Legal context 1 The Bureau of the European Parliament (‘the Bureau’) is a body of the European Par- liament. Under Rule 22(2) of the Rules of Procedure of the European Parliament, entitled ‘Duties of the Bureau’, in the version applicable to the facts of this case, the Bureau is to take, inter alia, financial, organisational and administrative decisions on matters concerning Members. II - 5939 ORDER OF 15. 12. 2010 — CASES T-219/09 AND T-326/09 2 On that basis, the Bureau adopted the Rules governing the payment of expenses and allowances to Members of the European Parliament (‘the PEAM Rules’). 3 On 12 June 1990, the Bureau adopted the Rules governing the additional (volun- tary) pension scheme for Members of the European Parliament (‘the Rules of 12 June 1990’), which are contained in Annex VII to the PEAM Rules. 4 The ulesR of 12 June 1990, in the version applicable in March 2009, provided, inter alia: ‘Article 1 1. Pending the adoption of a single Statute for Members, and irrespective of the pen- sion rights referred to in Annexes I and II, after ceasing to hold office, Members of the European Parliament who have paid voluntary contributions to the pension scheme for at least two years shall be entitled to a pension for life payable from the first day of the calendar month following the date when they reach the age of 60 years. … Article 2 1. The amount of the pension shall be 3.5 % of 40 % of the basic salary of a Judge at the Court of Justice of the European Communities for each full year in office plus one-twelfth of that sum for each complete month. II - 5940 ALBERTINI AND OTHERS AND DONNELLY v PARLIAMENT 2. The maximum pension shall be 70 % (and the minimum pension 10.5 %) of 40 % of the basic salary of a Judge at the Court of Justice of the European Communities. 3. The pension shall be calculated and paid in euros. Article 3 Former Members or Members leaving office before reaching the age of 60 years may request that their pension be paid immediately, or at any time between leaving office and the age of 60, provided that they are not less than 50 years of age. In that case, the pension shall be the amount calculated on the basis of Article 2(1) multiplied by a coefficient determined by reference to the Member’s age when they start to draw their pension, as shown in the following table: … Article 4 (payment of part of the pension as a lump sum) 1. A maximum of 25 % of the pension rights calculated on the basis of Article 2(1) may be paid as a lump sum to members or former members of the voluntary pen- sion scheme. 2. This option must be exercised prior to the date on which the payments begin and shall be irreversible. II - 5941 ORDER OF 15. 12. 2010 — CASES T-219/09 AND T-326/09 3. Subject to the ceiling referred to in paragraph 1 above, a lump sum payment shall not affect or reduce the pension rights of a Member’s surviving spouse or depend- ent children. 4. The lump sum shall be calculated on the basis of the age of the Member when the pension takes effect, using the following table: … 5. The lump sum shall be calculated and paid in euros. Payment shall be made prior to the first pension payment. …’ 5 The additional pension fund was set up through the formation, by the Quaestors of the European Parliament, of the ‘Fonds de pension — députés au Parlement euro- péen’ ASBL (non-profit-making association) (‘the ASBL’), which in turn set up a so- ciété d’investissement à capital variable (open-ended investment company) (SICAV), under Luxembourg law, entitled the ‘Fonds de pension — Députés au Parlement eu- ropéen, Société d’Investissement à Capital Variable’, which was made responsible for the technical management of the investments. 6 TheStatute for Members was adopted by Decision 2005/684/EC, Euratom of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (OJ 2005 L 262, p. 1) and entered into force on 14 July 2009, the first day of the seventh parliamentary term. 7 TheStatute for Members established a final pension scheme for Members of the European Parliament under which Members are entitled, on a non-contributory ba- sis, to an old-age pension at the age of 63. II - 5942 ALBERTINI AND OTHERS AND DONNELLY v PARLIAMENT 8 The Statute for Members lays down transitional measures applicable to the additional pension scheme. In that connection, Article 27 provides: ‘1. The voluntary pension fund set up by Parliament shall be maintained after the entry into force of this Statute for Members or former Members who have already acquired rights or future entitlements in that fund. 2. Acquired rights and future entitlements shall be maintained in full. Parliament may lay down criteria and conditions governing the acquisition of new rights or entitlements. 3. Members who receive the salary [established by the Statute] may not acquire any new rights or future entitlements in the voluntary pension fund. 4. The fund shall not be open to Members who are first elected to Parliament after this Statute becomes applicable. …’ 9 By decisions of 19 May and 9 July 2008, the Bureau adopted the implementing meas- ures for the Statute for Members of the European Parliament (OJ 2009 C 159, p. 1) (‘the implementing measures’). Pursuant to Article 73 thereof, the implementing measures entered into force on the date of entry into force of the Statute for Mem- bers, that is to say on 14 July 2009. II - 5943 ORDER OF 15. 12. 2010 — CASES T-219/09 AND T-326/09 10 Article 74 of the implementing measures provides that, subject to the transitional provisions laid down in Title IV, the PEAM Rules are to cease to be valid on the date on which the Statute for Members enters into force. 11 Article 76 of the implementing measures, entitled ‘Additional pension’, provides: ‘1. The (voluntary) additional old-age pension paid pursuant to Annex VII to the PEAM Rules shall continue to be paid pursuant to that annex to those persons who were in receipt of that pension prior to the date of entry into force of the Statute. 2. The pension rights acquired prior to the date of entry into force of the Statute pur- suant to the aforementioned Annex VII shall be maintained. They shall be honoured in accordance with the conditions laid down by that annex. 3. Members elected in 2009: (a) who were Members during a previous parliamentary term, and (b) who have already acquired or were in the process of acquiring rights in the additional pension fund, and (c) in respect of whom the Member State of election has adopted a derogation pursu- ant to Article 29 of the Statute, or who, pursuant to Article 25 of the Statute, have themselves opted for a national scheme, and II - 5944 ALBERTINI AND OTHERS AND DONNELLY v PARLIAMENT (d) who are not entitled to a national or European pension deriving from the exer- cise of their mandate as Members of the European Parliament may continue to acquire new rights after the date of entry into force of the Statute, pursuant to the aforementioned Annex VII. 4. Members must pay their contributions to the additional pension fund from their own income.’ Facts 12 On 9 March 2009, following a finding that the financial position of the additional pension fund had deteriorated, the Bureau decided (‘the Decision of 9 March 2009’): — ‘to set up a working group … to meet representatives of the board of management of the pension fund in order to assess the situation; — … with immediate effect, that, as a protective and precautionary measure, the possibility of applying Articles 3 and 4 of Annex VII to the PEAM Rules [was] suspended; — … that those precautionary measures will be reviewed by the Bureau at a subse- quent meeting in the light of the facts established and the results of the working group’s contacts and findings’. II - 5945 ORDER OF 15. 12. 2010 — CASES T-219/09 AND T-326/09 13 On 1 April 2009, the Bureau decided to amend the Rules of 12 June 1990 (‘the Deci- sion of 1 April 2009’).
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