- guardian.co.uk, Friday 6 April 2001 02.36 BST
Theruling, overturning a previous decision to safeguard his immunity, infuriated his political allies. But the MEPs did not give a date for deciding whether his immunity should be lifted, and even if it is he will probably remain protected as a member of the Italian chamber of deputies.
Nevertheless, another legal wrangle is the last thing he wants as the opinion polls make his centre-right coalition the likely victors in May.
Mr Berlusconi fell from power in 1994 in a welter of corruption allegations, but he has clawed his way back to respectability, casting himself as the victim of a leftwing witch hunt.
Many Italians are now bored rather than shocked by his legal travails. Trials, convictions and appeals in connection with corruption, bribery, illegal party financing and fraud have ground through the courts, but none of them has stuck.
Spain wants to prosecute the media tycoon in connection with his acquisition of the Spanish station Tele 5. The inquiry is led by Baltasar Garzon, the investigating magistrate who sought the former Chilean dictator Augusto Pinochet's extradition from Britain.
In February Mr Garzon accused the parliament of delaying his request for Mr Berlusconi's immunity to be lifted.
Socialist MEPs asked for an inquiry into the delay and threatened to take legal action against the conservative parliamentary president, Nicole Fontaine.
Yesterday's decision means that the rules preventing MEPs looking at documents relating to other members' personal and financial interests will have to be lifted allow a thorough investigation.
Mr Berlusconi, 64, said the Spanish accusations were baseless.
