The European Parliament,

–  having received a request for waiver of the immunity of Jean-Charles Marchiani, forwarded by the French authorities on 3 October 2001 and announced in plenary sitting on 24 October 2001,

–  having regard to Article 10 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965, and to Article 4(2) of the Act concerning the Election of Representatives to the European Parliament by direct universal suffrage of 20 September 1976,

–  having regard to the judgments of the Court of Justice of the European Communities of 12 May 1964 and 10 July 1986(1),

–  having regard to Article 26 of the French Constitution,

–  having regard to Rule 6 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0033/2002),

1.  Decides not to waive the immunity of Jean-Charles Marchiani;

2.  Instructs its President immediately to forward this decision and the report of its committee to the appropriate authority of the French Republic.

(1) See Case 101/63: Wagner v Fohrmann and Krier, English special edition 1964, p. 195 and Case 149/85: Wybot v Faure [1986] ECR 2403.