ECJ Grand Chamber – Reference for a preliminary ruling European Parliament Leaflet issued by a Member of the European Parliament containing insulting remarks – Claim for non-pecuniary damages – Immunity of Members of the European Parliament
The question of immunity gave rise to three questions: ‘ . . first, whether, where the national court which has to rule on an action for damages brought against a Member of the European Parliament in respect of opinions expressed by him has received no information regarding a request from that member to the Parliament seeking defence of his immunity, that court may itself rule on whether the immunity provided for in Article 9 of the Protocol applies with regard to the factors in the particular case; second, whether, where the national court is informed of the fact that that member has made such a request to Parliament, that court must await the decision of the Parliament before continuing with the proceedings against that member; and, third, whether, where the national court finds that that immunity does apply, it must request the waiver of that immunity for the purposes of continuing with the legal proceedings.’ To which the answers were Yes, Yes and No
V. Skouris, P
[2008] EUECJ C-201/07
Bailii
Citing:
Opinion – Marra v De Gregorio C-201/07 ECJ 26-Jun-2008
ECJ Opinion – Privileges And Immunities – Reference for a preliminary ruling from the Corte Suprema di Cassazione (Italy) . .
See Also – Marra v De Gregorio C-200/07 ECJ 21-Oct-2008
ECJ Reference for a preliminary ruling European- Parliament – Leaflet issued by a Member of the European Parliament containing insulting remarks Claim for non-pecuniary damages Immunity of Members of the European . .
Lists of cited by and citing cases may be incomplete.
European, Constitutional
Updated: 16 January 2022; Ref: scu.564503
