CELEX: 62010CA0163
Language: en
Date: 2011-09-06 00:00:00
Title: Case C-163/10: Judgment of the Court (Grand Chamber) of 6 September 2011 (reference for a preliminary ruling from the Tribunale di Isernia — Italy) — Criminal proceedings against Aldo Patriciello (Member of the European Parliament — Protocol on Privileges and Immunities — Article 8 — Criminal proceedings for the offence of making false accusations — Statements made outside the precincts of the Parliament — Definition of opinion expressed in the performance of parliamentary duties — Immunity — Conditions)

22.10.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 311/11
            
         Judgment of the Court (Grand Chamber) of 6 September 2011 (reference for a preliminary ruling from the Tribunale di Isernia — Italy) — Criminal proceedings against Aldo Patriciello
   (Case C-163/10) (1)
   
   (Member of the European Parliament - Protocol on Privileges and Immunities - Article 8 - Criminal proceedings for the offence of making false accusations - Statements made outside the precincts of the Parliament - Definition of opinion expressed in the performance of parliamentary duties - Immunity - Conditions)
   2011/C 311/14
   Language of the case: Italian
   
      Referring court
   
   Tribunale di Isernia
   
      Party in the main proceedings
   
   Aldo Patriciello
   
      Re:
   
   Reference for a preliminary ruling — Tribunale di Isernia — Interpretation of Article 9 of the Protocol on the privileges and immunities of the European Communities (OJ 1967 152, p. 13) — Member of the European Parliament charged with slander following a false accusation levelled at a representative of the forces of law and order — Notion of the expression of an opinion in the performance of parliamentary duties
   
      Operative part of the judgment
   
   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 making false accusations 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 161, 19.6.2010.