Keywords
Summary

Keywords

Privileges and immunities of the European Communities - Application for authorisation to serve a garnishee order on an institution - Need for the Court's authorisation - Extent of the Court's jurisdiction - Measure of constraint affecting the financing of common policies or the implementation of action programmes established by the Communities - Risk of interference with the functioning of the Communities

(Protocol on the Privileges and Immunities of the European Communities, Art. 1)

Summary

$$The purpose of Article 1 of the Protocol on the Privileges and Immunities of the European Communities, by virtue of which the property and assets of the Communities are not to be the subject of any administrative or legal measure of constraint without the authorisation of the Court of Justice, is to ensure that there is no interference with the functioning and independence of the Communities. Consequently, the jurisdiction of the Court with respect to garnishee orders is confined to considering whether such measures are likely, in view of the effects which they have under the applicable national law, to interfere with the proper functioning and the independence of the Communities. In that connection, the functioning of the Communities may be hampered by measures of constraint affecting the financing of common policies or the implementation of action programmes established by the Communities.

( see paras 9-10, 12 )