The European Parliament,

–   having regard to the request of 4 May 2007 by Ashley Mote for defence of his immunity in connection with criminal proceedings pending before a court in the United Kingdom, announced in plenary sitting on 10 May 2007,

–   having heard Ashley Mote in accordance with Rule 7(3) of its Rules of Procedure,

–   having regard to Article 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

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

–   having regard to Rules 6(3) and 7 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs (A6-0250/2007),

A.   whereas Article 10 of the Protocol on privileges and immunities provides that "During the sessions of the European Parliament, its members shall enjoy: (a) in the territory of their own State, the immunities accorded to members of their parliament ...",

B.   whereas the criminal proceedings in question have been brought against Ashley Mote in the territory of the United Kingdom,

C.   whereas Members of the United Kingdom Parliament do not enjoy immunity from criminal prosecution,

D.   whereas, therefore, Ashley Mote has no immunity to defend,

E.   whereas the circumstances do not constitute an administrative or other restriction imposed on the free movement of the Member travelling to or from the place of meeting of Parliament,

1.  Decides not to defend the immunity and privileges of Ashley Mote;

2.  Instructs its President to forward this decision, and the report of the committee responsible, immediately to the appropriate authority of the United Kingdom.

(1) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and Others [1986] ECR 2391.