European Parliament decision on the request for defence of the immunity and privileges of Jannis Sakellariou (2006/2145(IMM))
Date: 2006-09-26
Institutions: Committee on Legal Affairs, European Parliament
Subjects: Germany, Member of the European Parliament, judicial proceedings, parliamentary immunity

15.12.2006

EN

Official Journal of the European Union

C 306 E/95

TEXTS ADOPTED

Tuesday 26 September 2006

P6_TA(2006)0359

Request for the defence of Jannis Sakellariou's immunity

European Parliament decision on the request for defence of the immunity and privileges of Jannis
Sakellariou (2006/2145(IMM))

The European Parliament,

— having regard to the request by Jannis Sakellariou for defence of his immunity in connection with legal
proceedings pending before a Greek court submitted on 6 June 2006, announced in plenary sitting on
12 June 2006,

— having heard Jannis Sakellariou in accordance with Rule 7(3) of its Rules of Procedure,

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

— having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the

European Communities,

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

— having regard to the report of the Committee on Legal Affairs (A6-0273/2006),

A. whereas Jannis Sakellariou was elected to the European Parliament in the fifth elections held from 10 to
13 June 1999, and whereas his credentials were verified by Parliament on 15 December 1999 (2),

B. whereas Members of the European Parliament may not be subject to any form of inquiry, detention or
legal proceedings in respect of opinions expressed or votes cast by them in the performance of their
duties (3),

C. whereas the immunity from legal proceedings enjoyed by Members of the European Parliament also
covers immunity from civil proceedings, a fortiori when substantial, punitive damages are sought in
those proceedings,

D. whereas on 23 September 2003 the European Parliament decided to defend the immunity and privi-
leges of Jannis Sakellariou in relation to the above-mentioned proceedings and to forward its decision
and the report of the responsible committee to the competent Greek Court,

E. whereas the plaintiff failed to pursue the proceedings to which Parliament's decision of 23 September
2003 referred and only revived the proceedings by summons of 20 December 2005 after Jannis Sakel-
lariou had ceased to be a Member of the European Parliament;

F. whereas the facts of the case clearly relate to an opinion expressed in the performance of Jannis Sakel-
lariou's duties as a Member of the European Parliament within the meaning of Article 9 of the Protocol
on Privileges and Immunities,

G. whereas the immunity conferred on Members of the European Parliament by Article 9 of the Protocol is
for the benefit of Parliament itself and absolute and cannot be waived; moreover, it continues to subsist
for the benefit of the institution even after the Member of Parliament concerned has ceased to be a
member,

(1) 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).

(3) Article 9 of the Protocol on the Privileges and Immunities of the European Communities.

C 306 E/96

Official Journal of the European Union

EN

15.12.2006

Tuesday 26 September 2006

1.

Decides to defend the immunity and privileges of Jannis Sakellariou;

Instructs its President to forward this decision, and the report of the committee responsible, immedi-

2.
ately to the division for civil matters of the Athens Court of First Instance.

P6_TA(2006)0360

Media and development

European Parliament resolution on the media and development (2006/2080(INI))

The European Parliament,

— having regard to the Millennium Development Goals (MDGs) adopted on 8 September 2000 at the UN

Millennium Summit in New York,

— having regard to the Convention on the Elimination of All Forms of Discrimination against Women

(CEDAW), adopted on 18 December 1979 by the UN General Assembly,

— having regard to the Johannesburg Declaration on Sustainable Development, adopted on 4 September

2002 by the World Summit on Sustainable Development,

— having regard to the resolution on the results of the special session of the United Nations General
Assembly of 5-9 June 2000 on ‘Women 2000: Equality, Development and Peace for the Twenty-First
Century’, adopted by the ACP-EU Joint Parliamentary Assembly on 12 October 2000 in Brussels (1),

— having regard to the resolution on the rights of disabled people and older people in ACP countries,

adopted by the ACP-EU Joint Parliamentary Assembly on 1 November 2001 in Brussels (2),

— having regard to Article 19 of the 1948 Universal Declaration of Human Rights, Article 10 of the 1950
European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 13 of the
1969 American Convention on Human Rights, and Article 9 of the 1981 African Charter on Human
and Peoples' Rights,

— having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific
Group of States of the one part, and the European Community and its Members States of the other
part, signed in Cotonou, on 23 June 2000 (3), which entered into force on 1 April 2003, and in par-
ticular Article 43, which deals with information and communication technologies and the information
society,

— having regard to the resolution on the progress made in achieving universal primary education and
gender equality in the ACP countries in the context of the MDGs, adopted by the ACP-EU Joint Parlia-
mentary Assembly on 21 April 2005 in Bamako (4),

— having regard to its resolution of 12 June 2001 on Information and Communication Technologies (ICT)

and developing countries (5),

— having regard to the ‘Geneva Declaration of Principles’ and the ‘Plan of Action’ of the World Summit on

the Information Society (WSIS), adopted on 12 December 2003,

— having regard to the ‘Dakar Declaration’ on the Promotion of ACP cultures and cultural industries,

signed by Ministers of Culture of the ACP States on 20 June 2003,

(1) OJ C 64, 28.2.2001, p. 49.
(2) OJ C 78, 2.4.2002, p. 64.
(3) OJ L 317, 15.12.2000, p. 3. Agreement as last amended by the Agreement amending the Partnership Agreement

(OJ L 209, 11.8.2005, p. 27).

(4) OJ C 272, 3.11.2005, p. 17.
(5) OJ C 53 E, 28.2.2002, p. 121.