The European Parliament,

–   having received a request for waiver of the immunity of Daniel Marc Cohn-Bendit, dated 23 March 2000, forwarded on 23 March 2000 by the competent German authorities and announced in plenary sitting on 14 April 2000,

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

–   having regard to the additional information forwarded by the competent authority on 18 July 2002 and 27 January 2003 in response to the requests of the committee responsible of 29 June 2000 and 3 December 2002,

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

–   having regard to Article 46 of the German Basic Law,

–   having regard to Rules 6 and 6a of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0246/2003),

1.  Decides not to waive the immunity of Daniel Marc Cohn-Bendit;

2.  Instructs its President immediately to forward this decision and the report of its committee to the public prosecutor's office at the Frankfurt-am-Main district court.

(1) See Case 101/63, Wagner v. Fohrmann and Krier (1964) ECR 397 and Case 149/85, Wybot v. Faure (1986) ECR 2403.