The European Parliament,

‐   having regard to the request, by a barrister acting for Mr Umberto Bossi, for defence of his immunity in connection with criminal proceedings pending before the District Court of Padua, of 3 August 2004, announced in plenary sitting on 13 September 2004,

‐   having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities, and to 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 (A6-0209/2005),

A.   whereas Umberto Bossi was a Member of the European Parliament in the fourth legislative term (start of mandate on 19 July 1994, mandate verified on 15 November 1994, mandate expired on 19 July 1999) and in the fifth legislative term (start of mandate on 20 July 1999, mandate verified on 15 December 1999, mandate expired on 10 June 2001 for incompatibility),

B.   whereas Members of the European Parliament may not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties(2),

C.   whereas the immunity from legal proceedings enjoyed by Members of the European Parliament also covers immunity from civil proceedings,

1.  Decides to defend the immunity and privileges of Umberto Bossi;

2.  Proposes, pursuant to Article 9 of the above Protocol and having regard to the proceedings of the relevant Member State, to declare that the proceedings in question should not be continued; therefore calls on the Court to draw the appropriate conclusions;

3.  Instructs its President immediately to forward this decision and the report of the committee responsible to the District Court of Padua.

(1) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195, and Case 149/85 Wybot v Faure and others [1986] ECR 2391. (2) Article 9 of the Protocol on the Privileges and Immunities of the European Communities.