Opinion of the Advocate General — ECLI:EU:C:2021:344
Date: 2021-04-29
Language of the case: Latvian
Subject matter: Privileges and immunities
Procedure: Reference for a preliminary ruling
Origin: Latvia

Request for a preliminary ruling from the Rīgas rajona tiesa (Latvia) lodged on 7 January 2020 — Criminal proceedings against AB, CE, SIA ‘MM investīcijas’ (Case C-3/20) Language of the case: Latvian Referring court Rīgas rajona tiesa Parties to the main proceedings AB, CE, SIA ‘MM investīcijas’ Questions referred Do Article 11(a) and the first paragraph of Article 22 of Protocol No 7 to the Treaty on the Functioning of the European Union on the privileges and immunities of the European Union apply to the post of member of the Governing Council of the European Central Bank, held by the governor of the central bank of a Member State, that is to say, the President of the Bank of Latvia, AB? If the answer to the first question is in the affirmative, does that person continue to be immune from criminal proceedings under those provisions even after he has left the post of governor of the central bank of a Member State and, therefore, the post of member of the Governing Council of the European Central bank? If the answer to the first question is in the affirmative, does that immunity relate only to immunity ‘from legal proceedings’ as referred to in Article 11(a) of Protocol No 7 to the Treaty on the Functioning of the European Union on the privileges and immunities of the European Union or does it also cover the criminal prosecution, including service of the indictment and the gathering of evidence? In the event that the immunity applies to the criminal prosecution, does that fact influence whether the evidence can be used? If the answer to the first question is in the affirmative, does Article 11(a) of Protocol No 7 to the Treaty on the Functioning of the European Union on the privileges and immunities of the European Union, read in conjunction with Article 17 of that protocol, allow the person directing the proceedings or, at the corresponding stage of the proceedings, the composition of the court, to assess whether there is a European Union interest in those proceedings and, only where it is found that there is — that is to say, if AB’s alleged conduct relates to the performance of his duties at an EU institution — to request the institution concerned, that is to say, the European Central Bank, to waive that person’s immunity? For the purposes of applying the provisions of Protocol No 7 to the Treaty on the Functioning of the European Union on the privileges and immunities of the European Union, must the existence of a European Union interest always relate directly to decisions taken or acts carried out in performance of duties at an EU institution? May such an official be subjected to a measure of criminal procedure if his indictment does not relate to his duties at an EU institution but to activities carried on as part of his duties in a Member State? ____________