The European Parliament,

–   having regard to the request by Mario Borghezio for defence of his immunity, forwarded by letter of 23 May 2006 and announced in plenary sitting on 1 June 2006,

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

–   having regard to Articles 9 and 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 Article 68 of the Constitution of the Italian Republic,

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

–   having regard to the report of the Committee on Legal Affairs (A6-0329/2006),

1.  Decides not to defend the immunity and privileges of Mario Borghezio.

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