The court against John Dalli in Malta can proceed after the EU decided to lift the former European Commissioner’s immunity from prosecution.

A spokesperson for the EC confirmed with Times of Malta that they waived Dalli’s immunity upon the request of Malta’s Attorney General Victoria Buttigieg. They added that this decision shouldn’t be viewed as the EC expressing its opinion on the Dalli case and that the presumption of innocence applies. 

This case goes back to 2012, when the EU’s anti-fraud office (OLAF) passed on its first accusations that Silvio Zammit, Dalli’s longtime associate, had asked for €60 million from the European Smokeless Tobacco Council and Swedish Match, the main producer of Swedish snus, in return for Dalli’s help in changing European tobacco regulation.

Dalli, who as Health Commissioner was leading reforms to the EU’s tobacco directive at the time, was forced to resign a few days later. The information was passed on to the Maltese police, and then police commissioner John Rizzo said

Former Police Commissioner John Rizzo said he intended to press charges against Dalli and informed newly-elected Home Affairs Minister Manuel Mallia of his plan a few weeks after the Labour government was elected in March 2013.

However, Rizzo himself was removed as police commissioner a week later and three consecutive successors didn’t press charges.

Current commissioner Angelo Gafà, who had inspected Dalli nine years ago, reopened the investigation last year, and charges were filed earlier this year. 

The first sitting last month lasted less than an hour after both the prosecution and the Attorney General raised questions over Dalli’s potential immunity and said they are awaiting direction from the European Commission.