Language of document :

Request for a preliminary ruling from the Polymeles Protodikeio Athinon (Greece) lodged on 16 October 2019 — OH v ID

(Case C-758/19)

Language of the case: Greek

Referring court

Polymeles Protodikeio Athinon

Parties to the main proceedings

Applicant: OH

Defendant: ID

Questions referred

(1)    Are the terms ‘immunity from legal proceedings’ and ‘immunity’, as formulated and for the purpose which they serve in Article 11 of the Protocol, 1 identical?

(2)    Does the immunity from legal proceedings/immunity envisaged in Article 11 include and cover, in addition to criminal prosecutions, civil claims made in actions against members of the Commission by injured third parties?

(3)    Is waiver of the Commissioner’s immunity from legal proceedings/immunity also possible in the context of a civil action brought against him, such as the action under consideration? If it is, who must initiate the waiver procedure in question?

(4)    Do the Courts of the European Union have jurisdiction to rule on a non-contractual claim in tort, such as that at issue here, against a Commissioner?


1 Article 11 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Union, now annexed to the Treaty as Protocol No 7.