P6_TA(2005)0024

Request for defence of parliamentary immunity of Mr Koldo Gorostiaga

European Parliament decision on the request for defence of the immunity and privileges of Koldo Gorostiaga (2004/2102(IMM))

The European Parliament,

- having regard to the request by Koldo Gorostiaga for defence of his immunity in connection with legal proceedings pending before a French court, of 7 July 2004, announced in plenary sitting on 22 July 2004,

- having regard to Articles 8, 9 and 10 of the Protocol on the Privileges and Immunities of the European Communities, of 8 April 1965, and Article 6(2) of the Act concerning the election of the members of the European Parliament by direct universal suffrage, of 20 September 1976,

- having regard to the judgments of the Court of Justice of the European Communities of 12 May 1964 and 10 July 1986 [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 (A6-0006/2005),

A. whereas Koldo Gorostiaga was elected to the European Parliament in the fifth direct elections held on 13 June 1999, and whereas his credentials were verified on 15 December 1999 [2], and his term of office expired on 19 July 2004,

B. whereas Koldo Gorostiaga complains that a certain amount of his money was seized by the Court of First Instance of Paris and whereas he claims that these monies were allowances paid to him by Parliament,

C. whereas Koldo Gorostiaga asserts that the seizure of his alleged property constituted a violation of the Protocol on Privileges and Immunities,

D. whereas Koldo Gorostiaga complains that he would have been declared "under examination" by the second investigating Chamber of the Court of Appeals of Paris, in its judgment of 11 June 2004, and that this was a violation of the Protocol on Privileges and Immunities,

E. whereas, on basis of the evidence that he has provided, Koldo Gorostiaga is not protected by Parliamentary immunity in respect of any of the claims which have been drawn to the attention of the President of the European Parliament,

1. Decides not to defend the immunity and privileges of Koldo Gorostiaga.

[1] See Case 101/63 Wagner v. Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v. Faure and others [1986] ECR 2391.

[2] European Parliament decision on the verification of credentials of Members following the fifth direct elections to the European Parliament on 10 to 13 June 1999 (OJ C 296, 18.10.2000, p. 93).

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