Request for the defence of the parliamentary immunity of Luigi de Magistris European Parliament decision of 1 December 2011 on the request for defence of the immunity and privileges of Luigi de Magistris (2011/2076(IMM))
Date: 2011-12-01
Institutions: Committee on Legal Affairs, European Parliament
Subjects: Italy, Member of the European Parliament, judicial proceedings, parliamentary immunity








CE2013165EN.01006901.xml










11.6.2013   


EN


Official Journal of the European Union


CE 165/69





Thursday 1 December 2011Request for the defence of the parliamentary immunity of Luigi de Magistris
P7_TA(2011)0525
European Parliament decision of 1 December 2011 on the request for defence of the immunity and privileges of Luigi de Magistris (2011/2076(IMM))
2013/C 165 E/10

The European Parliament,






—


having regard to the request by Luigi de Magistris of 31 March 2011, announced in plenary on 6 April 2011, for the defence of his immunity in connection with proceedings pending before the Court of Naples, Italy,










—


having regard to the written submissions made by Luigi de Magistris in accordance with Rule 7(3) of its Rules of Procedure,










—


having regard to Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union, and to 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 the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010 and 6 September 2011 (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 (A7-0412/2011),










A.


whereas a Member of the European Parliament, Luigi de Magistris, has requested the defence of his parliamentary immunity in connection with proceedings before an Italian court,










B.


whereas the request by Luigi De Magistris relates to a writ of summons filed against him before the Court of Naples on behalf of Bagnolifutura SpA, a company domiciled in Naples engaged in design and in soil remediation, in connection with press releases issued by him and published on his website,










C.


whereas, according to the writ of summons, statements made in those press releases constitute libel, resulting in a claim for damages,










D.


whereas the press releases were published on the website at a time when Luigi de Magistris was a Member of the European Parliament, following his election at the 2009 European Parliament elections,










E.


whereas in those press releases Luigi de Magistris published information relating to a follow-up written question to the European Commission, in which he asked for additional details concerning public procurement irregularities noted in May 2009 by the Commission, and whereas he also asked for more details about an alleged waste of public funds in the area of Naples where Bagnolifutura conducts its business,










F.


whereas, according to Article 8 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament shall 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,










G.


whereas, in accordance with Parliament’s established practice, the fact that the legal proceedings fall under civil or administrative law, or contain certain aspects falling under civil or administrative law, does not per se prevent the immunity afforded by that article from applying,










H.


whereas the facts of the case, as presented in the writ of summons and in Luigi de Magistris’s written submissions to the Committee on Legal Affairs, indicate that the statements made do have a direct and obvious connection with Luigi de Magistris’s performance of his duties as a Member of the European Parliament,










I.


whereas Luigi de Magistris, in publishing the press releases in question, was therefore acting in the performance of his duties as a Member of the European Parliament,










1.


Decides to defend the immunity and privileges of Luigi de Magistris;










2.


Instructs its President to forward this decision and the report of its competent committee immediately to the competent authority of the Italian Republic and to Luigi de Magistris.






(1)  Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195, Case 149/85 Wybot v Faure and Others [1986] ECR 2391, Case T-345/05 Mote v Parliament [2008] ECR II-2849, Joined Cases C-200/07 and C-201/07 Marra v De Gregorio and Clemente [2008] ECR I-7929, Case T-42/06 Gollnisch v Parliament (not yet published in the ECR) and Case C-163/10 Patriciello (not yet published in the ECR).