Europa 1. Official of the EAEC – privileges and immunities – immunity from legal proceedings – object (protocol on the privileges and immunities of the European communities, article 12(a)) 2. Official of the EAEC – privileges and immunities – immunity from legal proceedings – extent – driving of a motor vehicle (protocol on the privileges and immunities of the European communities, article 12(a)) 1. The immunity from legal proceedings referred to in article 12(a) of the protocol on the privileges and immunities of the European communities (article 11(a) of the protocol on the privileges and immunities of the EAEC) is intended to ensure that the official activity of the community and of its servants is shielded from examination in the light of any criteria based on the domestic law of member states so that the community may accomplish its task in complete independence. 2. (A) the immunity from legal proceedings only covers acts which, by their nature, represent a participation of the person entitled to the immunity in the performance of the tasks of the institution to which he belongs; in this respect there is no necessity to distinguish between the actual exercise of normal duties or those prescribed under the staff regulations and an act performed on the occasion of the exercise of those duties if the position is that the act in question serves directly for the accomplishment of a community task. (B) driving a motor vehicle cannot be covered by immunity from legal proceedings save in the exceptional cases in which this activity cannot be carried out otherwise than under the authority of the community and by its own servants.
Citations:
C-5/68
Jurisdiction:
European
European
Updated: 10 April 2022; Ref: scu.131868