57As regards the first argument put forward in support of the second ground of appeal, it must be noted that the General Court rightly found, in paragraphs 61, 62 and 96 of the judgment under appeal, that the question whether the conditions for waiver of immunity, pursuant to Article 9 of the Protocol, are met at the time when that waiver is requested is distinct from the question whether the facts alleged against the Member in question are established, the latter question falling within the competence of the authorities of the Member State.
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