Gonzalo Boye lodges a motion to annul proceedings against the dismissal of the habeas corpus of Clara Ponsatí

On the day of the illegal arrest of Clara Ponsatí, Gonzalo Boye lodged an habeas corpus, a proceeding whereby the immediate appearance before a court is requested for a judge to decide on the legality of the arrest. Barcelona Investigating Court number 4, the duty court on that moment, dissmised it and decided that the investigating court on the case against the leaders of the 1 October Catalan independence referendum, Pablo Llarena, had ordered the arrest. Now, Boye lodges with the same court a motion to annul proceedings. He requests the dismissal to be annulled and the issuing of some preliminary rulings to the CJEU. He wants the court to ask the CJEU if the arrest of the MEP is possible, without a prior request for the waiver of immunity to the European Parliament, on the jurisdiction of the Supreme Court and on the scope of her immunity.