Request for the defence of parliamentary immunity of Luigi de Magistris

2011/2076(IMM)

The European Parliament adopted a resolution aiming to defend the immunity and privileges of Luigi de MAGISTRIS (ALDE, IT) in connection with proceedings pending before the Court of Naples, Italy.

To recall, the request by Luigi De Magistris relates to a writ of summons filed against him before the Court of Naples on behalf of Bagnolifutura SpA, a company domiciled in Naples engaged in design and in soil remediation, in connection with press releases issued by him and published on his website when he was an Member of the European Parliament. In those press releases Luigi de Magistris published information relating to a follow-up written question to the European Commission, in which he asked for additional details concerning public procurement irregularities noted in May 2009 by the Commission. He also asked for more details about an alleged waste of public funds in the area of Naples where Bagnolifutura conducts its business. The facts of the case, as presented in the writ of summons and in Luigi de Magistris's written submissions to the Committee on Legal Affairs, indicate that the statements made do have a direct and obvious connection with Luigi de Magistris's performance of his duties as a Member of the European Parliament. In publishing the press releases in question, he was therefore acting in the performance of his duties as a Member of the European Parliament.

Therefore, Parliament decides to defend the immunity and privileges of Luigi de Magistris.