What changed

PR_IMM_Waiver

P10_TA(2025)0202

PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION

Request for the waiver of the immunity of Daniel Obajtek

on the request for the waiver of the immunity of Daniel Obajtek

Committee on Legal Affairs

(2025/2029(IMM))

PE774.390

– having regard to the request for the waiver of the immunity of Daniel Obajtek sent on 19 December 2024 by the Prosecutor General of the Republic of Poland, forwarding a request submitted by the Warsaw divisional public prosecution service in connection with criminal proceedings to be brought against Daniel Obajtek and announced in plenary on 20 January 2025,

European Parliament decision of 7 October 2025 on the request for the waiver of the immunity of Daniel Obajtek (2025/2029(IMM))

– having heardregard to the request for the waiver of the immunity of Daniel ObajtekObajtek, onsent 23on April19 2025,December in2024 accordanceby withthe RuleProsecutor 9(6)General of itsthe RulesRepublic of Procedure,Poland, andforwarding havinga regardrequest tosubmitted by the documentsWarsaw submittedProvincial byPublic him,Prosecutor’s Office in connection with criminal proceedings to be brought against Daniel Obajtek and announced in plenary on 20 January 2025,

– having regard to the additional information provided by the Warsaw divisional public prosecutor on 7 May 2025,

– having heard Daniel Obajtek on 23 April 2025 and having regard to the documents submitted by him in accordance with Rule 9(6) of its Rules of Procedure,

– having regard to the additional information provided by the Warsaw Provincial Public Prosecutor on 7 May 2025,

– having regard to Articles 8 and 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 report of the Committee on Legal Affairs (A10-0179/2025),

A. whereas, by letter dated 19 December 2024, the Prosecutor General of the Republic of Poland forwarded a request for the waiver of the immunity of Daniel Obajtek, submitted by the Warsaw divisionalProvincial publicPublic prosecutionProsecutor’s service,Office , in connection with an alleged offence under Article 18(1), read in conjunction with Article 296(1), of the Polish Criminal Code;

B. whereas it is alleged that Daniel Obajtek, in his capacity as President of the Management Board of the company Polski Koncern Naftowy ORLEN Spółka Akcyjna (‘PKN ORLEN S.A.’), gave instructions with a view to the conclusion of two contracts – one dated 7 July 2021 and a second dated 7 October 2021 – worth a total of PLN 393 600, for the provision of investigation services concerning the physical and economic security of PKN ORLEN S.A.; whereas it is alleged that those contracts served Daniel Obajtek’s private interests, that they were of no economic significance, and that they did not concern the physical or economic security of PKN ORLEN S.A.; whereas it is alleged that the investigation services ordered and provided were not consistent with the subject matter and purpose of the contracts; whereas it is alleged that Daniel Obajtek thus caused PKN ORLEN S.A. significant financial harm totalling PLN 393 600; whereas the actionsacts he is alleged to have takencarried out constitute an infringement under Article 18(1), read in conjunction with Article 296(1), of the Polish Criminal Code; whereas Daniel Obajtek served as the President of the Management Board of PKN ORLEN S.A. from 6 February 2018 to 5 February 2024;

C. whereas it is understood that the legal representative of PKN ORLEN S.A. reported on 11 April 2024 that a criminal offence may have been committed; whereas, following an analysis of that report, a criminal investigation was opened on 3 June 2024;

H. whereas the purpose of parliamentary immunity is to protect Parliament and its Members from legal proceedings in relation to activities carried out in the performance of parliamentary duties and which cannot be separated from those duties;

I. whereas, in accordance with Rule 5(2) of the Rules of Procedure, parliamentary immunity is not a personal privilege of the Member but a guarantee of the independence of the European Parliament as a whole and of its Members;

J. whereas, in this case, Parliament found no evidence of fumus persecutionis, which is to say factual elements indicating that the intention underlying the legal proceedings in question is to undermine the Member’s political activity in his capacity as a Member of the European Parliament;

2. Instructs its President to forward this decision, and the report of its committee responsible, immediately to the appropriate authority of the Republic of Poland and to Daniel Obajtek.

INFORMATION ON ADOPTION BY THE COMMITTEE RESPONSIBLE

Date adopted

23.9.2025

Result of final vote

+:

–:

0:

19

4

1

Members present for the final vote

Maravillas Abadía Jover, Tobiasz Bocheński, José Cepeda, Juan Carlos Girauta Vidal, Mary Khan, Ilhan Kyuchyuk, Mario Mantovani, Pascale Piera, Emil Radev, Dominik Tarczyński, Adrián Vázquez Lázara, Axel Voss, Michał Wawrykiewicz, Lara Wolters, Dainius Žalimas

Substitutes present for the final vote

Brando Benifei, Daniel Buda, Laurence Farreng, Leire Pajín, Arash Saeidi, Ernő Schaller-Baross, Raffaele Stancanelli, Tineke Strik

Members under Rule 216(7) present for the final vote

Peter Agius, Ştefan Muşoiu