The European Parliament,

–   having regard to the request for waiver of the immunity of Tobias Pflüger, forwarded by the German Federal Ministry of Justice on 29 November 2005, and announced in plenary sitting on 15 December 2005,

–   having heard Tobias Pflüger 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 of the Court of Justice of the European Communities(1),

–   having regard to Article 46 of the Basic Law of the Federal Republic of Germany,

–   having regard to Rules 6(2) and 7 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs (A6-0156/2006),

1.  Decides to waive the immunity of Tobias Pflüger;

2.  Instructs its President to forward this decision, and the report of the committee responsible, immediately to the proper German authorities.

(1) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 383, and Case 149/85 Wybot v Faure and others [1986] ECR 2391.