Case C-163/10

Criminal proceedings

against

Aldo Patriciello

(Reference for a preliminary ruling from the Tribunale di Isernia)

(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)

Summary of the Judgment

Privileges and Immunities of the European Union – Members of the European Parliament – Immunity in respect of opinions expressed and votes cast in the performance of their duties

(Protocol on Privileges and Immunities of the European Union, Art. 8)

Article 8 of the Protocol on the Privileges and Immunities of the European Union 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 circumstances of this case.

(see para. 41, operative part)