European Parliament decision on the request for defence of the immunity and privileges of Koldo Gorostiaga (2004/2102(IMM))
Date: 2005-02-22
Institutions: European Parliament
Subjects: Member of the European Parliament, confiscation of property, judicial proceedings, parliamentary immunity

1.12.2005

EN

Official Journal of the European Union

C 304 E/91

— having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council

consulted Parliament (C6-0174/2004),

— having regard to Rules 51, 83(7) and 43(1) of its Rules of Procedure,

— having regard to the report of the Committee on Culture and Education (A6-0018/2005),

Tuesday 22 February 2005

1.

Approves conclusion of the agreement;

Instructs its President to forward its position to the Council and Commission, and the governments

2.
and parliaments of the Member States and the Swiss Confederation.

P6_TA(2005)0024

Request for defence of parliamentary immunity of Mr Koldo Gorostiaga

European Parliament decision on the request for defence of the immunity and privileges of Koldo
Gorostiaga (2004/2102(IMM))

The European Parliament,

— having regard to the request by Koldo Gorostiaga for defence of his immunity in connection with legal
proceedings pending before a French court, of 7 July 2004, announced in plenary sitting on 22 July
2004,

— having regard to Articles 8, 9 and 10 of the Protocol on the Privileges and Immunities of the European
Communities, of 8 April 1965, and Article 6(2) of the Act concerning the election of the members of
the European Parliament by direct universal suffrage, of 20 September 1976,

— having regard to the judgments of the Court of Justice of the European Communities of 12 May 1964

and 10 July 1986 (1),

— having regard to Rules 6(3) and 7 of its Rules of Procedure,

— having regard to the report of the Committee on Legal Affairs (A6-0006/2005),

A. whereas Koldo Gorostiaga was elected to the European Parliament in the fifth direct elections held on
13 June 1999, and whereas his credentials were verified on 15 December 1999 (2), and his term of
office expired on 19 July 2004,

B. whereas Koldo Gorostiaga complains that a certain amount of his money was seized by the Court of
First Instance of Paris and whereas he claims that these monies were allowances paid to him by Parlia-
ment,

C. whereas Koldo Gorostiaga asserts that the seizure of his alleged property constituted a violation of the

Protocol on Privileges and Immunities,

D. whereas Koldo Gorostiaga complains that he would have been declared ‘under examination’ by the
second investigating Chamber of the Court of Appeals of Paris, in its judgment of 11 June 2004, and
that this was a violation of the Protocol on Privileges and Immunities,

(1) See Case 101/63 Wagner v. Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v. Faure and others [1986]

ECR 2391.

(2) European Parliament decision on the verification of credentials of Members following the fifth direct elections to the

European Parliament on 10 to 13 June 1999 (OJ C 296, 18.10.2000, p. 93).

C 304 E/92

Official Journal of the European Union

EN

1.12.2005

Tuesday 22 February 2005

E. whereas, on basis of the evidence that he has provided, Koldo Gorostiaga is not protected by Parlia-
mentary immunity in respect of any of the claims which have been drawn to the attention of the
President of the European Parliament,

1.

Decides not to defend the immunity and privileges of Koldo Gorostiaga.

P6_TA(2005)0025

Short-term statistics ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parlia-
ment and of the Council amending Council Regulation (EC) No 1165/98 concerning short-term
statistics (COM(2003)0823 — C6-0028/2004 — 2003/0325(COD))

(Codecision procedure: first reading)

The European Parliament,

— having regard to the Commission proposal to the European Parliament and the Council (COM(2003)

0823) (1),

— having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission

submitted the proposal to Parliament (C6-0028/2004),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Economic and Monetary Affairs (A6-0023/2005),

1.

Approves the Commission proposal as amended;

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal

2.
substantially or replace it with another text;

3.

Instructs its President to forward its position to the Council and Commission.

(1) Not yet published in OJ.

P6_TC1-COD(2003)0325

Position of the European Parliament adopted at first reading on 22 February 2005 with a view to
the adoption of Regulation (EC) No …/2005 of the European Parliament and of the Council amend-
ing Council Regulation (EC) No 1165/98 concerning short-term statistics

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 285(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Central Bank (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

(1) OJ C 158, 15.6.2004, p. 3.
(2) Position of the European Parliament of 22 February 2005.