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2022/2052(IMM) Request for the defence of immunity of Helmut Geuking

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI GARCÍA DEL BLANCO Ibán (icon: S&D S&D)
Lead committee dossier:
Legal Basis:
RoP 9-p14

Events

2023/02/02
   EP - Results of vote in Parliament
2023/02/02
   EP - Decision by Parliament
Details

The European Parliament decided to defend the privileges and immunities of Helmut GEUKING (EPP, DE).

As a reminder, Helmut GEUKING, Member of the European Parliament, requested the defence of his parliamentary immunity in civil proceedings pending before the Hamburg Regional Court.

Parliament recalled that a German company, one of its subsidiaries and an expert in company reorganisations hired by the latter are suing Helmut Geuking for injunctive relief, monetary compensation and damages in connection with statements he made against the complainants from the European Parliament premises in Brussels and in a video published on YouTube and in a local German newspaper in May and June 2020 respectively.

Parliament considered that the statements made by Helmut Geuking were clearly made in his capacity as a full member of the European Parliament's Committee on Employment and Social Affairs, which is responsible for employment policy and all aspects of social policy. It therefore appeared that those statements were made in the context of the exercise of his mandate as a Member of the European Parliament.

Furthermore, in this case the amount of damages claimed by the complainants, including prohibitory injunction, damages and monetary compensation, amount to EUR 620 000 and appeared to resemble ‘punitive damages’, i.e. the amount asked is to be primarily intended as a deterrent against a repetition of the statement by Helmut Geuking and to prevent potential imitators from making similar statements.

Therefore, following the recommendation of its Legal Affairs Committee, Parliament considered that Helmut Geuking’s privileges and immunities should be defended.

Documents
2023/01/30
   EP - Committee report tabled for plenary
Details

The Committee on Legal Affairs adopted the report by Ibán GARCÍA DEL BLANCO (S&D, ES) on the request for defence of the privileges and immunities of Helmut Geuking.

Helmut Geuking, Member of the European Parliament, requested the defence of his parliamentary immunity in civil proceedings pending before the Hamburg Regional Court.

Members recalled that a German company, one of its subsidiaries and an expert in company reorganisations hired by the latter are suing Helmut Geuking for injunctive relief, monetary compensation and damages in connection with statements he made against the complainants from the European Parliament premises in Brussels and in a video published on YouTube and in a local German newspaper in May and June 2020 respectively.

The video statement was promptly deleted by Helmut Geuking.

According to Members, the statements made by Helmut Geuking were clearly made in his capacity as a full member of the European Parliament's Committee on Employment and Social Affairs, which is responsible for employment policy and all aspects of social policy. It therefore appeared that those statements were made in the context of the exercise of his mandate as a Member of the European Parliament.

Furthermore, in this case the amount of damages claimed by the complainants, including prohibitory injunction, damages and monetary compensation, amount to EUR 620 000 and appeared to resemble ‘punitive damages’, i.e. the amount asked is to be primarily intended as a deterrent against a repetition of the statement by Helmut Geuking and to prevent potential imitators from making similar statements.

It pointed out that, at the time the statements were made by Helmut Geuking, a public debate was already taking its course through various media reports, with the applicants in the civil proceedings leaving those reports seemingly without a response.

In the light of these considerations, the committee responsible recommended that the European Parliament should decide to defend the privileges and immunities of Helmut Geuking.

Documents
2023/01/23
   EP - Vote in committee
2022/06/13
   EP - GARCÍA DEL BLANCO Ibán (S&D) appointed as rapporteur in JURI