Legal personality
Article 17
European political parties and European political foundations shall have European legal personality.
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Legal personality
European political parties and European political foundations shall have European legal personality.
Legal recognition and capacity
European political parties and European political foundations shall enjoy legal recognition and legal capacity in all Member States.
Applicable law
1. European political parties and European political foundations shall be governed by this Regulation. 2. For matters not regulated by this Regulation, or, where matters are only partly regulated by it, for those aspects which are not covered by it, European political parties and European political foundations shall be governed by the applicable provisions of national law in the Member State in which they have their respective seats. Activities carried out by European political parties and European political foundations in other Member States shall be governed by the relevant national laws of those Member States. 3. For matters not regulated by this Regulation or by the applicable provisions pursuant to paragraph 2 or, where matters are only partly regulated by them, for those aspects which are not covered by them, European political parties and European political foundations shall be governed by the provisions of their respective statutes.
Acquisition of European legal personality
1. A European political party or a European political foundation shall acquire European legal personality on the date of publication in the Official Journal of the European Union of the decision of the Authority to register it pursuant to Article 11. 2. If the Member State in which an applicant for registration as a European political party or a European political foundation has its seat so requires, the application submitted pursuant to Article 10 shall be accompanied by a statement issued by that Member State, certifying that the applicant has complied with all relevant national requirements for application, and that its statutes are in conformity with the applicable law referred to in Article 19(2), first subparagraph. 3. Where the applicant enjoys legal personality under the law of a Member State, the acquisition of European legal personality shall be regarded by that Member State as a conversion of the national legal personality into a successor European legal personality. The latter shall fully maintain any pre-existing rights and obligations of the former national legal entity, which shall cease to exist as such. The Member States concerned shall not apply prohibitive conditions to such conversions. The applicant shall maintain its seat in the Member State concerned until a decision in accordance with Article 11 has been published. 4. If the Member State in which the applicant has its seat so requires, the Authority shall fix the date of the publication referred to in paragraph 1 only after consultation with that Member State.
Termination of European legal personality
1. A European political party or a European political foundation shall lose its European legal personality upon its removal from the Register by a decision of the Authority: (a) if, in the context of the procedure laid down in Article 12, the Authority finds that: (i) the European political party or European political foundation concerned does not comply with one of the conditions for registration laid down in Article 3(1), point (a), (b), (c), (f), (g) or (h), or in Article 3(2), point (a), (b), (e), (f), (g) or (h); (ii) the European political party or European political foundation concerned does not comply with one of the governance provisions set out in Article 4(1), point (a), (b), (d), (e) and (f), in Article 4(3) or in Article 6(1), points (a) to (e), (g) or (k); (iii) the European political party or European political foundation concerned is in one of the exclusion situations referred to in Article 138(1) of Regulation (EU, Euratom) 2024/2509; or (iv) information that was decisive for the decision to register the European political party or European political foundation concerned was incorrect or misleading, or that decision was obtained by deceit; (b) if, in the course of the procedure laid down in Article 13 of this Regulation, the Authority finds that the conditions for registration laid down in Article 3(1), point (d) or (e), or Article 3(2), point (c) or (d), of this Regulation, concerning respect for the values on which the Union is founded, set out in Article 2 TEU, have been manifestly and seriously breached by the European political party concerned or its member parties, or by the European political foundation concerned or its member organisations; (c) at the request of the European political party or European political foundation concerned; or (d) at the request of a Member State that fulfils the requirements laid down in Article 14(1) and (3). 2. If the Authority decides to remove a European political party from the Register, it shall also remove a European political foundation affiliated to it from the Register. 3. The Authority’s decision to remove a European political party or European political foundation from the Register shall be addressed, and notified, to the European political party or a European political foundation concerned. The decision shall be published in the Official Journal of the European Union . 4. If the European political party or European political foundation concerned acquires legal personality under the law of the Member State of its seat, such acquisition shall be regarded by that Member State as a conversion of the European legal personality into a national legal personality that fully maintains the pre-existing rights and obligations of the former European legal entity. The Member State concerned shall not apply prohibitive conditions to such conversions. 5. If the European political party or European political foundation does not acquire legal personality under the law of the Member State of its seat, it shall be wound up in accordance with the applicable law of that Member State. The Member State concerned may require that such winding-up be preceded by the acquisition by the party or foundation concerned of national legal personality in accordance with paragraph 4. 6. In all situations referred to in paragraphs 4 and 5 of this Article, the Member State concerned shall ensure that the not-for-profit condition laid down in Article 3 is fully respected. The Authority and the Authorising Officer of the European Parliament may agree with the Member State concerned the detailed arrangements for termination of the European legal personality, in particular in order to ensure the recovery of any funds received from the general budget of the Union and the payment of any financial sanctions imposed in accordance with Article 32.
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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.