Reference for a preliminary ruling from the Tribunale di Isernia (Italy) lodged on 2 April 2010 — Criminal proceedings against Aldo Patriciello

(Case C-163/10)

(2010/C 161/37)

Language of the case: Italian

Referring court

Tribunale di Isernia

Party to the main proceedings

Aldo Patriciello

Question referred

Do the facts construed in abstracto as a criminal offence committed by Aldo Patriciello — a Member of the European Parliament, described in the indictment and in favour of whom the European Parliament adopted a decision on 5 May 2009 to support a defence of immunity — which is categorised as slander under Article 368 of the Penal Code correspond to the expression of an opinion in the performance of parliamentary duties for the purposes of Article 9 of the Protocol of 8 April 1965 on the privileges and immunities of the European Communities?