# Arrêt de la Cour

1..
: European Investment Bank – Power to determine its own internal organisation – Decision laying down the procedures for cooperation with the European Anti-Fraud Office (OLAF) – Competence of the Governing Council

2..
: Actions for annulment – Actionable measures – Measures of the European Investment Bank – Measures within the competence of the Governing Council – Whether included – Adoption by another organ of the Bank – Not relevant

3..
: European Anti-Fraud Office (OLAF) – Regulations Nos 1073/1999 and 1074/1999 concerning investigations conducted by OLAF – Scope – European Investment Bank – Whether included

4..
: European Investment Bank – Independence – Scope

5..
: European Investment Bank – Controls which may be exercised over the Bank – Distinction by reference to the purpose of the controls – Audit of accounts and examination of financial management without prejudice to application of Regulations Nos 1073/1999 and
  1074/1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)

6..
: European Investment Bank – Independence – Application of Regulations Nos 1073/1999 and 1074/1999 concerning investigations conducted by the European Anti-Fraud Office
  (OLAF) – Whether compatible

7..
: Financial provisions – Community's financial interests – Definition – Resources and expenditure of the European Investment Bank – Whether included

8..
: Financial provisions – Protection of the Community's financial interests – Article 280 EC – Purpose – Scope – Adoption of legislative measures applicable within Community institutions, bodies, offices and agencies – Whether included

9..
: Acts of the institutions – Choice of legal basis – Regulation No 1074/1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) – Article 203 EA

10..
: European Anti-Fraud Office (OLAF) – Regulations Nos 1073/1999 and 1074/1999 concerning investigations conducted by OLAF – Breach of the principle of proportionality in relation to the inclusion of the European Investment Bank within their scope – None

11..
: European Anti-Fraud Office (OLAF) – Regulations Nos 1073/1999 and 1074/1999 concerning investigations conducted by OLAF – Infringement by the Decision of the Management Committee of the European Investment Bank of 10 November 1999 concerning cooperation
  with OLAF

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«(European Investment Bank (EIB) – Decision of the Management Committee – Action for annulment – Jurisdiction of the Court – Article 237 EC – Protection of the Communities' financial interests – European Anti-Fraud Office (OLAF) – Regulations (EC) No 1073/1999 and (Euratom) No 1074/1999 – Applicability to EIB – Pleas of illegality – Independence of the EIB – Legal bases – Articles 280 EC and 203 EA – Proportionality – Statement of reasons)»

| | Opinion of Advocate General Jacobs delivered on 3 October 2002 |
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| | Judgment of the Court, 10 July 2003 |
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Summary of the Judgment

1..
  European Investment Bank – Power to determine its own internal organisation – Decision laying down the procedures for cooperation with the European Anti-Fraud Office (OLAF) – Competence of the Governing Council (Statute of the European Investment Bank, Arts 9(3)(h) and 13(3))

2..
  Actions for annulment – Actionable measures – Measures of the European Investment Bank – Measures within the competence of the Governing Council – Whether included – Adoption by another organ of the Bank – Not relevant (Art. 237(b) EC)

3..
  European Anti-Fraud Office (OLAF) – Regulations Nos 1073/1999 and 1074/1999 concerning investigations conducted by OLAF – Scope – European Investment Bank – Whether included (European Parliament and Council Regulation No 1073/1999, Art. 1(3), and Council Regulation No 1074/1999, Art. 1(3))

4..
  European Investment Bank – Independence – Scope (Art. 267 EC)

5..
  European Investment Bank – Controls which may be exercised over the Bank – Distinction by reference to the purpose of the controls – Audit of accounts and examination of financial management without prejudice to application of Regulations Nos 1073/1999 and
  1074/1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)
  (Arts 248(1) and (3) EC and 280 EC; Statute of the European Investment Bank, Art. 14; Art. 203 EA; European Parliament and
  Council Regulation No 1073/1999 and Council Regulation No 1074/1999)

6..
  European Investment Bank – Independence – Application of Regulations Nos 1073/1999 and 1074/1999 concerning investigations conducted by the European Anti-Fraud Office
  (OLAF) – Whether compatible
  (European Parliament and Council Regulation No 1073/1999 and Council Regulation No 1074/1999)

7..
  Financial provisions – Community's financial interests – Definition – Resources and expenditure of the European Investment Bank – Whether included (Art. 280 EC)

8..
  Financial provisions – Protection of the Community's financial interests – Article 280 EC – Purpose – Scope – Adoption of legislative measures applicable within Community institutions, bodies, offices and agencies – Whether included (Art. 280 EC)

9..
  Acts of the institutions – Choice of legal basis – Regulation No 1074/1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) – Article 203 EA (Arts 183a EA and 203 EA; Council Regulation No 1074/1999)

10..
  European Anti-Fraud Office (OLAF) – Regulations Nos 1073/1999 and 1074/1999 concerning investigations conducted by OLAF – Breach of the principle of proportionality in relation to the inclusion of the European Investment Bank within their scope – None (European Parliament and Council Regulation No 1073/1999 and Council Regulation No 1074/1999)

11..
  European Anti-Fraud Office (OLAF) – Regulations Nos 1073/1999 and 1074/1999 concerning investigations conducted by OLAF – Infringement by the Decision of the Management Committee of the European Investment Bank of 10 November 1999 concerning cooperation
  with OLAF
  (European Parliament and Council Regulation No 1073/1999 and Council Regulation No 1074/1999; Decision of the Management Committee of the European Investment Bank of 10 November 1999)

JUDGMENT OF THE COURT10 July 2003 (1)

JUDGMENT OF THE COURT10 July 2003 (1)

((European Investment Bank (EIB) – Decision of the Management Committee – Action for annulment – Jurisdiction of the Court – Article 237 EC – Protection of the Communities' financial interests – European Anti-Fraud Office (OLAF) – Regulations (EC) No 1073/1999 and (Euratom) No 1074/1999 – Applicability to EIB – Pleas of illegality – Independence of the EIB – Legal bases – Articles 280 EC and 203 EA – Proportionality – Statement of reasons))

applicant,

interveners,

v

defendant,

gives the following

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On those grounds,

Rodríguez Iglesias

Puissochet

Wathelet

Schintgen

Gulmann

Edward

La Pergola

Jann

Skouris

Macken

Colneric

von Bahr

Rosas

R. Grass

G.C. Rodríguez Iglesias

Registrar

President

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  Language of the case: French.

1 –
: Language of the case: French.