The European Parliament,

–   having regard to the request for waiver of the immunity of Massimo D'Alema, forwarded by the Public Prosecution Service at the Court of Milan on 30 May 2008, and announced in plenary sitting on 16 June 2008,

–   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 and 7 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs (A6-0422/2008),

1.  Decides not to authorise the use of the telephone intercepts in question and not to waive the immunity of Massimo D'Alema;

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

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