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Catalan separatist politicians win new EU legal victory

BRUSSELS (AP) - The European Union's top court on Friday overturned a decision preventing fugitive former Catalan leader Carles Puigdemont from taking a seat in the European Parliament, in a fresh legal victory for secessionist politicians from the Spanish region.

In July, Puigdemont and former Catalan health minister Toni Comin appealed to the EU's General Court after the Spanish justice authorities effectively disqualified them from sitting in the assembly despite winning seats in the May European elections.

But the court rejected their request. It found that because the Spanish authorities didn't include their names on a list of lawmakers sent to the EU assembly, 'œthe applicants were not officially declared as elected.'ť

However, the higher European Court of Justice said Friday that the decision 'œis annulled and the matter referred back to the General Court to be re-examined.'ť

Puigdemont and Comin have been living in self-imposed exile in Belgium since they fled Spain in 2017 as some of their associates were jailed over a banned independence referendum in Catalonia. Spain has issued warrants for their arrest, but they have launched a legal appeal against the move.

In a symbolic move after the decision was made public, Puigdemont and Comin entered the European Parliament in Brussels and toured the vast room where sessions are held. The assembly was closed and lawmakers had already returned to their home countries as this week's plenary session took place in Strasbourg, France and ended on Thursday.

'œIt is important for this situation to be resolved before the holidays,'ť Puigdemont told reporters. He said he wants the parliament to explain 'œwhat mechanisms it has to compensate the European citizens that have been without representation for the past six months.'ť

'œEach minute counts because they are violating our rights," he said.

Puigdemont and Comin had official EU lawmakers access badges made up for them during the tour.

'œWe have walked out as European Parliament members,'ť a beaming Puigdemont said as he showed the badge to reporters.

The banned referendum, which came amid a police crackdown, sparked one of Spain's biggest political crises in decades and protests continue in the relatively wealthy northeast region of 7.5 million people.

The ECJ decision comes a day after it ruled that former Catalan Vice President Oriol Junqueras, who is serving a prison sentence for his role in the banned referendum, had the right to parliamentary immunity when he was on trial.

The Luxembourg-based court said that people like Junqueras who are elected as EU lawmakers 'œenjoy, from the moment the results are declared, the immunity'ť to travel to and take part in parliamentary sessions.

After that verdict, Junqueras tweeted: 'œJustice has come from Europe. Our rights and those of 2,000,000 citizens who voted for us have been violated. Annulment of the sentence and freedom for all! Persist as we have done!'ť

Junqueras was sentenced in October to 13 years in prison for sedition. Eleven of his associates were found guilty and eight of them also received prison terms

___

Mark Carlson in Brussels and Joseph Wilson in Barcelona, Spain, contributed to this report.

Catalonia's former regional president Carles Puigdemont, left, and former Catalan regional minister Antoni Comin, second right, ride the escalator inside the European Parliament in Brussels, Friday, Dec. 20, 2019. In a potentially stinging reversal for Spanish justice authorities, the European Union's top court ruled that a former Catalan official serving a prison sentence for his role in a banned independence referendum two years ago had the right to parliamentary immunity when he was on trial. (AP Photo/Francisco Seco) The Associated Press
Catalonia's former regional president Carles Puigdemont, center, looks over the plenary chamber at the European Parliament in Brussels, Friday, Dec. 20, 2019. In a potentially stinging reversal for Spanish justice authorities, the European Union's top court ruled that a former Catalan official serving a prison sentence for his role in a banned independence referendum two years ago had the right to parliamentary immunity when he was on trial. (AP Photo/Francisco Seco) The Associated Press
Catalonia's former regional president Carles Puigdemont speaks during a news conference in Brussels, Thursday, Dec. 19, 2019. In a potentially stinging reversal for Spanish justice authorities, the European Union's top court ruled Thursday that former Catalan regional Vice-President Oriol Junqueras, serving a prison sentence for his role in a banned independence referendum two years ago, had the right to parliamentary immunity when he was on trial. The case is likely to set an important precedent for Puigdemont, who is living in exile in Belgium. (AP Photo/Francisco Seco) The Associated Press
Catalonia's former regional president Carles Puigdemont speaks during a news conference in Brussels, Thursday, Dec. 19, 2019. In a potentially stinging reversal for Spanish justice authorities, the European Union's top court ruled Thursday that former Catalan regional Vice-President Oriol Junqueras, serving a prison sentence for his role in a banned independence referendum two years ago, had the right to parliamentary immunity when he was on trial. The case is likely to set an important precedent for Puigdemont, who is living in exile in Belgium. (AP Photo/Francisco Seco) The Associated Press
Catalonia's former regional president Carles Puigdemont talks to journalists during a news conference in Brussels, Thursday, Dec. 19, 2019. In a potentially stinging reversal for Spanish justice authorities, the European Union's top court ruled that a former Catalan official serving a prison sentence for his role in a banned independence referendum two years ago had the right to parliamentary immunity when he was on trial. (AP Photo/Francisco Seco) The Associated Press
In this framegrab taken from Associated Press Television News on Thursday Dec. 19, 2019, Catalonia's former regional president Carles Puigdemont, left, and Toni Comín have a celebration via video conference in Waterloo, Belgium with other Catalan leaders. Europe's top court ruled Thursday that a former vice president of Spain's Catalonia region, Oriol Junqueras, who is serving a prison sentence for launching a banned independence referendum should have the right to parliamentary immunity. (APTN via AP) The Associated Press
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