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Reports of Cases Report s of C ases ORDER OF THE GENERAL COURT (Sixth Chamber) 20 March 2014 * (Actions for damages — Members of the European Parliament — Verification of credentials — Decision of the Parliament declaring the mandate of a Member of the European Parliament invalid — Annulment of the decision of the Parliament by judgment of the Court of Justice — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law) In Case T-43/13, Beniamino Donnici, residing in Castrolibero (Italy), represented by V. Vallefuoco and J.-M. Van Gyseghem, lawyers, applicant, v European Parliament, represented by N. Lorenz and S. Seyr, acting as Agents, defendant, ACTION for damages for the loss which the applicant allegedly suffered as a result of the adoption of the Parliament’s decision of 24 May 2007 regarding the verification of the applicant’s credentials, which was annulled by decision of the Court of Justice in Joined Cases C-393/07 and C-9/08 Italy and Donnici v Parliament [2009] ECR I-3679, THE GENERAL COURT (Sixth Chamber), composed of S. Frimodt Nielsen (Rapporteur), President, F. Dehousse and A. Collins, Judges, Registrar: E. Coulon, makes the following * Language of the case: Italian. EN ECLI:EU:T:2014:167 1 ORDER OF 20. 3. 2014 – CASE T-43/13 DONNICI v PARLIAMENT Order Background to the dispute 1 At the elections to the European Parliament, held on 12 and 13 June 2004, the applicant, Mr Beniamino Donnici, was a candidate on the ‘Società Civile — Di Pietro Occhetto’ list. That list won two seats, the first in the Italy South constituency and the second in the Italy North-West constituency. Mr Antonio Di Pietro was placed first on the lists in both constituencies and opted for the Italy South constituency. 2 Mr Achille Occhetto was second on the electoral lists in the light of the number of votes obtained in the two constituencies, coming ahead of the applicant in the Italy South constituency and of Mr Giulietto Chiesa in the Italy North-West constituency. Since Mr Di Pietro opted to take his seat for the Italy South constituency, Mr Occhetto should have been declared elected in the Italy North-West constituency. However, by a written declaration of 6 July 2004 received the next day by the Ufficio elettorale nazionale per il Parlamento europeo presso la Corte di cassazione (National Electoral Office for the European Parliament at the Court of Cassation; ‘the National Electoral Office’), Mr Occhetto, who at the time was a member of the Senate of the Italian Republic, gave up his seat in the European Parliament for both constituencies. 3 Following that withdrawal, on 18 July 2004, the National Electoral Office declared the election of Mr Chiesa in the Italy North-West constituency and of Mr Di Pietro in the Italy South constituency and, on 12 November 2004, communicated the name of the applicant as first on the list of substitutes for Mr Di Pietro in respect of the Italy South constituency, whilst Mr Occhetto, who had withdrawn, did not appear on that list. 4 In the parliamentary elections held in Italy on 9 and 10 April 2006, Mr Di Pietro was elected as a Member of the Parliament of the Italian Republic and opted to take his seat in the national parliament, with effect from 28 April 2006. Since, pursuant to Article 7(2) of the act concerning the election of representatives to the European Parliament by direct universal suffrage, annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20 September 1976 (OJ 1976 L 278, p. 1), as amended and renumbered by Council Decision 2002/772/EC, Euratom of 25 June 2002 and 23 September 2002 (OJ 2002 L 283, p. 1), that office was incompatible with the office of Member of the European Parliament, the Parliament declared the seat in question vacant. 5 By declaration of 27 April 2006, addressed to the National Electoral Office, Mr Occhetto, who had stood as a candidate at those national elections but had not been re-elected, revoked his withdrawal of 6 July 2004 and asked to take over the seat which had fallen vacant following Mr Di Pietro’s decision to take his seat in the Parliament of the Italian Republic. 6 Following that declaration, on 8 May 2006, the National Electoral Office declared the election of Mr Occhetto to the European Parliament and on the same day communicated his name to that Parliament as substitute for Mr Di Pietro. 7 By judgment of 21 July 2006, the Tribunale amministrativo regionale del Lazio (Regional Administrative Court, Lazio (Italy)) dismissed as unfounded the applicant’s action for annulment of that declaration. 8 The applicant also brought an appeal before the European Parliament against the declaration of the election of Mr Occhetto as a Member of the European Parliament in place of Mr Di Pietro. His objection was examined by the Parliament’s Committee on Legal Affairs at its meeting on 21 June 2006. After establishing that, under Article 12 of the act concerning the election of representatives to the European Parliament by direct universal suffrage, annexed to Decision 76/787, as amended and 2 ECLI:EU:T:2014:167 ORDER OF 20. 3. 2014 – CASE T-43/13 DONNICI v PARLIAMENT renumbered, the objection was inadmissible because it was founded on the legge n. 18, Elezione dei membri del Parlamento europeo spettanti all’Italia (Law No 18 on the election in Italy of Members of the European Parliament) of 24 January 1979 (GURI No 29 of 30 January 1979, p. 947), the Committee on Legal Affairs passed a unanimous resolution proposing the validation of Mr Occhetto’s mandate. On 3 July 2006, the European Parliament confirmed Mr Occhetto’s mandate. 9 By judgment of 6 December 2006, the Consiglio di Stato (Council of State, Italy) allowed the applicant’s appeal against the ruling of the Tribunale amministrativo regionale del Lazio and annulled the declaration of Mr Occhetto’s election as a Member of the European Parliament made by the National Electoral Office on 8 May 2006. 10 The judgment of the Consiglio di Stato became res judicata following the judgment of 26 March 2007 of the Corte suprema di cassazione (Supreme Court of Cassation, Italy), which declared the appeal brought by Mr Occhetto inadmissible on account of a procedural defect. 11 On 29 March 2007, the National Electoral Office took formal note of the judgment of the Consiglio di Stato and declared Mr Donnici to have been elected as Member of the European Parliament for the Italy South constituency, and accordingly revoked Mr Occhetto’s mandate. That declaration was notified to the European Parliament, which took formal note of it in the minutes of the plenary session of 23 April 2007, pursuant to which the applicant took his seat in the Parliament, but only provisionally and subject to the Parliament’s subsequent decision regarding the verification of his credentials. 12 Meanwhile, by letter of 5 April 2007, Mr Occhetto raised an objection and requested the Parliament to ratify his mandate and not to validate that of the applicant. In response to that objection, the Parliament submitted the applicant’s mandate to examination by its Committee on Legal Affairs. 13 By decision of the European Parliament of 24 May 2007 regarding the verification of the applicant’s credentials (‘the contested decision’), the applicant’s mandate was declared invalid and Mr Occhetto’s mandate was confirmed. 14 The contested decision was notified to the applicant on 29 May 2007. 15 By application lodged at the Registry of the General Court on 22 June 2007, the applicant brought an action for annulment of the contested decision. 16 The applicant also submitted an application for suspension of the operation of the contested decision. The judge hearing the application for interim measures granted that application by order of 15 November 2007 in Case T-215/07 R Donnici v Parliament [2007] ECR II-4673 and suspended the operation of the contested decision. The applicant was consequently able to take his seat in the European Parliament once again. 17 By application lodged at the Registry of the Court on 9 August 2007, registered as Case C-393/07, the Italian Republic brought an action for the annulment of the contested decision. 18 By order in Case T-215/07 Donnici v Parliament [2007] ECR II-5239, the General Court declined jurisdiction in Case T-215/07 in favour of the Court of Justice in order to enable the latter to rule on the action for annulment. That action was registered at the Court of Justice as Case C-9/08. 19 By judgment of 30 April 2009 in Joined Cases C-393/07 and C-9/08 Italy and Donnici v Parliament [2009] ECR I-3679, the Court annulled the contested decision. 20 By letter of 6 July 2010, the applicant requested the European Parliament to compensate him for the loss he had suffered as a result of the adoption of the contested decision. ECLI:EU:T:2014:167 3 ORDER OF 20. 3. 2014 – CASE T-43/13 DONNICI v PARLIAMENT 21 The Secretary-General of the European Parliament replied by letter of 1 October 2010, refusing the applicant’s request for compensation. 22 By letter of 22 June 2011, the applicant answered the Secretary-General’s letter of 1 October 2010, reiterating his request for compensation and giving the Parliament formal notice to reply. The applicant received no answer from the Parliament. Procedure and forms of order sought 23 By application lodged at the Registry of the General Court on 29 January 2013, the applicant brought the present action.
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