Keywords
Summary

Keywords

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EAEC - NON-CONTRACTUAL LIABILITY - COMPENSATION FOR DAMAGE CAUSED BY SERVANTS OF THE COMMUNITY IN THE PERFORMANCE OF THEIR DUTIES - DRIVING OF A PRIVATE CAR BY A SERVANT WHILE ON DUTY - ACTIVITY IN PRINCIPLE NOT INCLUDED IN THE PERFORMANCE OF THE DUTIES OF SUCH SERVANT .

( EAEC TREATY, ARTICLE 188 )

Summary

THE PERFORMANCE OF THE DUTIES OF A SERVANT OF THE COMMUNITY, WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 188 OF THE EAEC TREATY, DOES NOT IN PRINCIPLE INCLUDE THE USE OF HIS PRIVATE CAR WHILE ON DUTY EXCEPT IN THE CASE OF FORCE MAJEURE OR EXCEPTIONAL CIRCUMSTANCES OF SUCH OVERRIDING IMPORTANCE THAT WITHOUT THE SERVANT'S USING PRIVATE MEANS OF TRANSPORT THE COMMUNITY WOULD HAVE BEEN UNABLE TO CARRY OUT THE TASKS ENTRUSTED TO IT .