45However, as the Court pointed out in paragraph 38 of the judgment under appeal, a decision to waive the immunity of an official, such as the decision at issue, alters that official’s legal position, simply because it removes the protection conferred on that official by the immunity from legal proceedings provided for in Article 11(a) of Protocol No 7, re-establishing his or her status as a person who is subject to the general law of the Member States and laying him or her open, without the necessity for any intermediary measure, to measures, inter alia those ordering detention and the bringing of legal proceedings, imposed by the general law.
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