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REPORT (2025/2029(IMM))

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

A-10-2025-0179

Committee on Legal Affairs · Rapporteur: David Cormand

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Parliament decides to waive the immunity of Daniel Obajtek, a Member of the European Parliament, following a request from Polish authorities in connection with criminal proceedings against him. The alleged offence concerns contracts worth PLN 393,600 for investigation services that allegedly served Obajtek's private interests and caused financial harm to PKN ORLEN S.A. Parliament found no evidence of fumus persecutionis, meaning no indication that the proceedings aim to undermine his political activity.

Committee position. The Committee on Legal Affairs proposes to waive the immunity of Daniel Obajtek.

Key points

  1. The request for waiver of immunity was made by the Prosecutor General of Poland on 19 December 2024, concerning an alleged offence under Article 18(1) and Article 296(1) of the Polish Criminal Code.
  2. Obajtek allegedly gave instructions to conclude two contracts worth PLN 393,600 for investigation services that served his private interests and were of no economic significance to PKN ORLEN S.A.
  3. The alleged offence occurred while Obajtek was President of the Management Board of PKN ORLEN S.A., a position he held from 6 February 2018 to 5 February 2024.
  4. Obajtek was elected to the European Parliament in June 2024, after the alleged offence and the opening of the criminal investigation.
  5. The alleged offence is not related to opinions expressed or votes cast in the performance of his duties as a Member of the European Parliament.
  6. Under Polish law, deputies cannot be subjected to criminal accountability without consent of the Sejm, except when apprehended in the commission of an offence.
  7. Parliament found no evidence of fumus persecutionis, meaning no indication that the proceedings aim to undermine his political activity.
  8. Parliament cannot assume the role of a court, and in a waiver procedure the Member cannot be regarded as a defendant.
  9. Parliament decides to waive the immunity of Daniel Obajtek.

Who is affected

  • Daniel Obajtek, Member of the European Parliament, whose immunity is waived, allowing criminal proceedings to proceed.
  • Polish authorities, which may now pursue criminal proceedings against Obajtek.

Figures and deadlines

  • PLN 393,600: total value of the two contracts allegedly causing financial harm.
  • 19 December 2024: date of the request for waiver of immunity.
  • 7 July 2021 and 7 October 2021: dates of the two contracts.
  • 6 February 2018 to 5 February 2024: period Obajtek served as President of the Management Board.

Legal basis: 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.