Mylène Troszczynski v. European Parliament, Case C-12/19 P, CJEU (Fourth Section), 17 September 2020

Freedom of expression. Limits under the excuse of incitement to hatred and violence, in the presence of a “defamation” via social network consisting in the condemnation of the full hiding of one’s face.

Art. 8 Protocol on the privileges and immunities of the European Union
Art. 9 Protocol on the privileges and immunities of the European Union

The rule contained in article 8 of the protocol regarding parliamentary immunity of the members of the European Parliament – which should be granted with regards to the expression of opinions and votes by the members of parliament in the exercise of their duties – is not applicable to defamatory declarations posted on social media such as twitter, and it is therefore admissible, under article 9 of the protocol, an eventual withdrawal of the immunity by the Parliament.