The European Parliament,

–  having regard to the request for waiver of the immunity of Georgios Toussas received from Judge Ilias Stavropoulos of the Piraeus Court of First Instance, Section 7, dated 9 February 2011 and announced in plenary sitting on 9 March 2011,

–  having heard Georgios Toussas on 19 September 2011 in accordance with Rule 7(3) of its Rules of Procedure,

–  having regard to Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union, 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 the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008 and 19 March 2010(1),

–  having regard to the provisions of Article 62 of the Constitution of the Hellenic Republic,

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

–  having regard to the report of the Committee on Legal Affairs (A7-0410/2011),

A.  whereas the judge at the Piraeus Court of First Instance, Section 7, has requested the waiver of the immunity of Georgios Toussas, Member of the European Parliament, in order to enable him to conduct the criminal proceedings started as a result of the instructions issued by the Public Prosecutor's Office of the Piraeus Magistrates' Court concerning an alleged breach of trust resulting in damages exceeding EUR 147 000 (Article 390 of the Greek Penal Code and Article 1 of Law 1608/1950) and for which a judicial inquiry was ordered (Articles 246, 248 and 250 of the Greek Code of Criminal Procedure);

B.  whereas the judge intends to summon Georgios Toussas to testify as a defendant in that case and to answer the abovementioned charges against him pursuant to Articles 270, 271 and 273 of the Greek Code of Criminal Procedure;

C.  whereas it is therefore advisable to recommend that parliamentary immunity be waived in the case in question;

1.  Decides to waive the immunity of Georgios Toussas;

2.  Instructs its President to forward this decision and the report of its competent committee immediately to the appropriate authorities of the Hellenic Republic and to Georgios Toussas.

(1) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195; Case 149/85 Wybot v Faure and others [1986] ECR 2391; Case T-345/05, Mote v Parliament [2008] ECR II-2849; Joined Cases C-200/07 and C-201/07 Marra v De Gregorio and Clemente [2008] ECR I-7929; Case T-42/06 Gollnisch v Parliament (OJ C 134, 22.5.2010, p. 29).