22.10.2011

Official Journal of the European Union

C 311/11

(Case C-163/10) (<span class="super">1</span>)

(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

Party in the main proceedings

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.

(<span class="note">1</span>) OJ C 161, 19.6.2010.