The General Court of the European Union rejects the appeal of Puigdemont and Comín against Antonio Tajani’s refusal to recognise them as MEPs

MEPs Carles Puigdemont and Toni Comín appealed against two decisions of Antonio Tajani. The first, to not let them enter Parliament as MEPs and to suspend their accreditation as such. The second, to not recognise them as MEPs, after the Central Electoral Board didn’t include them in the list of elected MEPs sent to the European Parliament. The General Court of the European Union considers that the first decision was provisional and did not have binding legal effects affecting the interests of the claimants. Secondly, the GCEU also considers that neither the European Parliament nor its president have any discretion regarding the consequences of the second decision, since it is an application of Spanish law reflected in the communications of the Central Electoral Board. However, the Court considers that the MEPs have immunity since the proclamation of results sent to Parliament by the Central Electoral Board on 13 June 2019. Puigdemont and Comín appeal against the decision before the Court of Justice. In April 2024, the Advocate General, in his opinion, considers that Tajani’s refusal to recognise the two MEPs their status as MEPs in June 2019 should be annulled and the General Court’s judgment should be set aside in so far as it concerns this matter.