Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Legal personality and privileges
1. The Centre shall have legal personality. In all Member States it shall enjoy the widest powers granted by law to legal persons. In particular, it may acquire and dispose of movable and immovable property and institute legal proceedings. 2. The Protocol on the privileges and immunities of the European Communities shall apply to the Centre.
Liability
1. The contractual liability of the Centre shall be governed by the law applicable to the contract in question. The Court of Justice of the European Communities shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Centre. 2. In the case of non-contractual liability, the Centre shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by it or its servants in the performance of their duties. The Court of Justice shall have jurisdiction in any dispute relating to compensation for such damage. 3. The personal liability of its servants towards the Centre shall be governed by the relevant provisions applying to the staff of the Centre.
Examination of legality
1. Member States, members of the Management Board and third parties directly and personally involved may refer to the Commission any act of the Centre, whether express or implied, for the Commission to examine the legality of that act. 2. Referral shall be made to the Commission within 15 days of the day on which the party concerned first became aware of the act in question. 3. The Commission shall take a decision within one month. If no decision has been taken within this period, the case shall be deemed to have been dismissed. 4. An action for annulment of the Commission’s explicit or implicit decision referred to in paragraph 3 to reject the administrative appeal may be brought before the Court of Justice in accordance with Article 230 of the Treaty.
Staff
1. The staff of the Centre shall be subject to the rules and the regulations applicable to officials and other staff of the European Communities. 2. In respect of its staff, the Centre shall exercise the powers which have been devolved to the appointing authority. 3. Secondment to the Centre of public health experts, including epidemiologists, for a defined period of time, for the achievement of certain specified tasks of the Centre will be encouraged within the framework of existing regulations.
Participation of third countries
1. The Centre shall be open to the participation of countries, which have concluded agreements with the Community by virtue of which they have adopted and apply legislation of equivalent effect to Community legislation in the field covered by this Regulation. 2. Arrangements shall be made under the relevant provisions of those agreements, specifying in particular the nature, extent and manner in which these countries are to participate in the Centre’s work, including provisions relating to participation in the networks operated by the Centre, inclusion in the list of competent organisations to which certain tasks may be entrusted by the Centre, financial contributions and staff.
Articles on this page are reproduced verbatim from official open data. See the attribution line.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.