CELEX: 62010CB0496
Language: en
Date: 2012-01-19 00:00:00
Title: Case C-496/10: Order of the Court (Sixth Chamber) of 19 January 2012 — (reference for a preliminary ruling from the Ufficio del Giudice di Pace di Venafro — Italy) — Criminal proceedings against Aldo Patriciello (Article 104(3), first subparagraph of the Rules of Procedure — Member of the European Parliament — Protocol on Privileges and Immunities — Article 8 — Criminal proceedings for the offence of insulting behaviour — Statements made outside the precincts of the European Parliament — Definition of expression of an opinion in the performance of parliamentary duties — Immunity — Conditions)

14.4.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 109/2
            
         Order of the Court (Sixth Chamber) of 19 January 2012 — (reference for a preliminary ruling from the Ufficio del Giudice di Pace di Venafro — Italy) — Criminal proceedings against Aldo Patriciello
   (Case C-496/10) (1)
   
   (Article 104(3), first subparagraph of the Rules of Procedure - Member of the European Parliament - Protocol on Privileges and Immunities - Article 8 - Criminal proceedings for the offence of insulting behaviour - Statements made outside the precincts of the European Parliament - Definition of expression of an opinion in the performance of parliamentary duties - Immunity - Conditions)
   2012/C 109/03
   Language of the case: Italian
   
      Referring court
   
   Ufficio del Giudice di Pace di Venafro
   
      Criminal proceedings against
   
   Aldo Patriciello
   
      Re:
   
   Reference for a preliminary ruling — Ufficio del Giudice di Pace di Venafro — Interpretation of Articles 9 and 10 of the Protocol on the Privileges and Immunities of the European Communities (OJ 1967 152, p. 13) — Member of the European Parliament charged with the offence of insulting behaviour in consequence of his making false accusations against a representative of the forces of order — Definition of expression of an opinion in the performance of parliamentary duties.
   
      Operative part of the order
   
   Article 8 of the Protocol on the privileges and immunities of the European Union, annexed to the EU, FEU and EAEC Treaties, must be interpreted to the effect that a statement made by a Member of the European Parliament beyond the precincts of that institution and giving rise to prosecution in his Member State of origin for the offence of insulting behaviour, does not constitute an opinion expressed in the performance of his parliamentary duties covered by the immunity afforded by that provision unless that statement amounts to a subjective appraisal having a direct, obvious connection with the performance of those duties. It is for the court making the reference to determine whether those conditions have been satisfied in the case in the main proceedings.
   
      (1)  OJ C 346, 18.12.2010