Roger Wybot v Edgar Faure and others. [1986] EUECJ R-149/85 (10 July 1986)

Roger Wybot v Edgar Faure and others. [1986] EUECJ R-149/85 (10 July 1986)

Article 10 of the Protocol of 8 April 1965 is to be interpreted as meaning that the European Parliament is considered to be in session, and its Members enjoy immunity, even if it is not actually sitting, until a decision is taken closing its annual or extraordinary sessions.

Citation
[1986] EUECJ R-149/85
Parties
Applicant: Roger Wybot; Respondent: Edgar Faure; Respondent: Librairie Plon; Respondent: Ministère Public (Public Prosecutor's Office)
Jurisdiction
European Union
Judgment Date
10 July 1986
Procedural Posture
Reference for a Preliminary Ruling / Judgment on Preliminary Reference
Outcome
Preliminary ruling issued; interpretation of Article 10 provided.
Legal Topics
Immunity of Members of the European Parliament, Interpretation of Protocol on Privileges and Immunities, Duration of Parliamentary Sessions
European Union Law Parliamentary Privileges Immunity of Members of the European Parliament Interpretation of Protocol on Privileges and Immunities Duration of Parliamentary Sessions

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Parties

Roger Wybot

Applicant

Edgar Faure

Respondent

Librairie Plon

Respondent

Ministère Public (Public Prosecutor's Office)

Respondent

Procedural Posture

Reference for a Preliminary Ruling / Judgment on Preliminary Reference

Legal Issues

  1. 1 Whether Article 10 of the Protocol on the Privileges and Immunities of the European Communities grants Members of the European Parliament immunity for the whole duration of their term or only during certain periods of annual sessions.
  2. 2 Whether the term 'session' should be interpreted by reference to national law or exclusively under Community law.

Ratio Decidendi

Article 10 of the Protocol of 8 April 1965 is to be interpreted as meaning that the European Parliament is considered to be in session, and its Members enjoy immunity, even if it is not actually sitting, until a decision is taken closing its annual or extraordinary sessions.

Court Disposition

Preliminary ruling issued; interpretation of Article 10 provided.

Orders

  • Article 10 of the Protocol of 8 April 1965 is to be interpreted as meaning that the European Parliament must be considered to be in session, even if it is not actually sitting, until the decision is taken closing its annual or extraordinary sessions.
  • Costs incurred by the Commission and the European Parliament are not recoverable; costs for main proceedings are for the national court to decide.