CELEX: 52009DP0082
Language: en
Date: 2009-11-24 00:00:00
Title: Request for defence of the immunity and privileges of Tobias Pflüger European Parliament decision of 24 November 2009 on the request for defence of the immunity and privileges of Tobias Pflüger (2009/2055(IMM))

21.10.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               CE 285/84
            
         Tuesday 24 November 2009Request for defence of the immunity and privileges of Tobias Pflüger
   P7_TA(2009)0082
   European Parliament decision of 24 November 2009 on the request for defence of the immunity and privileges of Tobias Pflüger (2009/2055(IMM))
   2010/C 285 E/15
   
      The European Parliament,
   having regard to the request by Tobias Pflüger for defence of his immunity announced in plenary sitting on 5 May 2009,
   having regard to Article 10 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 Article 46 of the Basic Law for the Federal Republic of Germany,
   having regard to its decision of 16 May 2006 on the request for waiver of the immunity of Tobias Pflüger (2),
   having regard to Rules 6(3) and 7 of its Rules of Procedure,
   having regard to the report of the Committee on Legal Affairs (A7-0054/2009),
   
               A.
            
            
               whereas Parliament has already waived Tobias Pflüger's immunity by its decision of 16 May 2006 concerning the same set of facts,
            
         
               B.
            
            
               whereas it appears after examination that Parliament's prerogatives are threatened neither by the judgment against Tobias Pflüger of 2 March 2009 nor by the request of the public prosecutor on 15 April 2009 to increase the penalty imposed on him,
            
         
               1.
            
            
               Decides not to defend the immunity and privileges of Tobias Pflüger;
            
         
               2.
            
            
               Instructs its President to forward this decision, and the report of the committee responsible, immediately to the appropriate authority of the Federal Republic of Germany.
            
         
      (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)  OJ C 297 E, 7.12.2006, p. 74.