Judgments nº C-149/85 of Court of Justice of the European Communities, July 10, 1986
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Summary
1 . FOR THE PURPOSES OF THE APPLICATION OF ARTICLE 10 OF THE PROTOCOL OF 8 APRIL 1965 ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES , UNDER WHICH THE MEMBERS OF THE EUROPEAN PARLIAMENT ENJOY , ' DURING THE SESSIONS OF THE ASSEMBLY . . . IN THE TERRITORY OF THEIR OWN STATE , THE IMMUNITIES ACCORDED TO MEMBERS OF THEIR PARLIAMENT ' , THE DURATION OF SESSIONS OF THE EUROPEAN PARLIAMENT CAN BE DETERMINED ONLY IN THE LIGHT OF COMMUNITY LAW . TO REFER TO NATIONAL LAW IN ORDER TO INTERPRET THE CONCEPT OF A SESSION OF THE EUROPEAN PARLIAMENT WOULD BE INCOMPATIBLE NOT ONLY WITH THE WORDING OF THE PROTOCOL BUT ALSO WITH THE VERY OBJECTIVE OF THAT PROVISION , WHICH IS INTENDED TO ENSURE IMMUNITY FOR THE SAME PERIOD FOR ALL MEMBERS OF THE EUROPEAN PARLIAMENT , WHATEVER THEIR NATIONALITY .2 . ALTHOUGH UNDER THE FIRST PARAGRAPH OF ARTICLE 22 OF THE ECSC TREATY , THE FIRST PARAGRAPH OF ARTICLE 139 OF THE EEC TREATY AND THE FIRST PARAGRAPH OF ARTICLE 109 OF THE EAEC TREATY , AS AMENDED BY ARTICLE 27 OF THE MERGER TREATY , THE EUROPEAN PARLIAMENT IS TO ' HOLD AN ANNUAL SESSION ' AND ' MEET , WITHOUT REQUIRING TO BE CONVENED , ON THE SECOND TUESDAY IN MARCH ' , NO INDICATION AS TO THE DURATION OF THAT SESSION CAN BE INFERRED , EVEN INDIRECTLY , FROM THE OTHER PROVISIONS OF THE TREATIES CONCERNING THE EUROPEAN PARLIAMENT . IN THE ABSENCE OF ANY PROVISION IN THE TREATIES ON THE SUBJECT , THE DETERMINATION OF THE DURATION OF ITS SESSIONS FALLS WITHIN THE EUROPEAN PARLIAMENT ' S POWER TO ADOPT RULES FOR ITS OWN INTERNAL ORGANIZATION . THE DECISION ON THE DATE OF CLOSURE OF EACH ANNUAL SESSION IS THEREFORE WITHIN ITS DISCRETION .3 . SINCE THE ACTIVITIES OF THE EUROPEAN PARLIAMENT AND ITS PERMANENT AND TEMPORARY ORGANS GO FAR BEYOND MERELY HOLDING SESSIONS AND CONTINUE THROUGHOUT THE YEAR , AN INTERPRETATION OF THE WORD ' SESSION ' AS USED IN ARTICLE 10 OF THE PROTOCOL OF 8 APRIL 1965 WHICH LIMITED THE IMMUNITY OF MEMBERS TO THE PERIODS WHEN PARLIAMENT WAS ACTUALLY SITTING MIGHT PREJUDICE THE CARRYING ON OF THE PARLIAMENT ' S ACTIVITIES AS A WHOLE . SINCE THE CONSISTENT PRACTICE OF THE PARLIAMENT UNDER WHICH A SESSION LASTS FOR THE WHOLE YEAR AND IS CLOSED ONLY ON THE EVE OF THE OPENING OF A NEW SESSION IS NOT INCOMPATIBLE WITH THE PROVISIONS OF THE TREATIES ON THE SESSIONS OF THE PARLIAMENT OR WITH THE PROTOCOL OF 8 APRIL 1965 , ARTICLE 10 OF THE PROTOCOL MUST 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 .
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Extract
Judgments nº C-149/85 of Court of Justice of the European Communities, July 10, 1986
Subject of the caseON THE INTERPRETATION OF ARTICLE 10 OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES ,Grounds1 BY A JUDGMENT OF 9 MAY 1984 WHICH WAS RECEIVED AT THE COURT ON 17 MAY 1985 , THE COUR D ' APPEL , PARIS , REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY A QUESTION ON THE INTERPRETATION OF ARTICLE 10 OF THE BRUSSELS PROTOCOL OF 8 APRIL 1965 ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES ( HEREINAFTER REFERRED TO AS ' THE PROTOCOL ' ).2 THAT QUESTION WAS RAISED IN THE COURSE OF THE HEARING OF AN APPEAL BROUGHT BY ROGER WYBOT AGAINST A JUDGMENT OF THE TRIBUNAL CORRECTIONNEL ( CRIMINAL COURT ), PARIS , WHICH HAD DECLARED INADMISSIBLE DEFAMATION PROCEEDINGS INITIATED BY MR WYBOT IN SO FAR AS THEY WERE DIRECTED AGAINST ...See the full content of this document
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