# Arrêt de la Cour

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: European Anti-Fraud Office (OLAF) – Regulation No 1073/1999 concerning investigations conducted by OLAF – Scope – European Central Bank – Whether included

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: Plea of illegality – Measures in respect of which a plea of illegality may be raised – Regulation No 1073/1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) – Community legislative act whose addressee is not the Community body alleging its illegality – Admissibility

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

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: 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

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: European Central Bank – Obligation to consult the Bank before adoption of an act in its field of competence – Scope – Measures intended to combat fraud adversely affecting the Community's financial interests – Excluded

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: European Central Bank – Independence – Scope – Community legislative measures capable of applying to the Bank – Whether permissible – Conditions

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: European Central Bank – Independence – Application of Regulation No 1073/1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) – Whether compatible

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: European Anti-Fraud Office (OLAF) – Regulation No 1073/1999 concerning investigations conducted by OLAF – Breach of the principle of proportionality in relation to the inclusion of the European Central Bank within its scope – None

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: European Anti-Fraud Office (OLAF) – Regulation (EC) No 1073/1999 concerning investigations conducted by OLAF – Infringement by Decision 1999/726 of the European Central Bank on fraud prevention

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«(European Central Bank (ECB) – Decision 1999/726/EC on fraud prevention – Protection of the Communities' financial interests – European Anti-Fraud Office (OLAF) – Regulation (EC) No 1073/1999 – Applicability to the ECB – Plea of illegality – Admissibility – Independence of the ECB – Article 108 EC – Legal basis – Article 280 EC – Consultation of the ECB – Article 105(4) EC – Proportionality)»

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

2..
  Plea of illegality – Measures in respect of which a plea of illegality may be raised – Regulation No 1073/1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) – Community legislative act whose addressee is not the Community body alleging its illegality – Admissibility (Arts 230 EC and 241 EC)

3..
  Financial provisions – Community's financial interests – Definition – Resources and expenditure of the European Central Bank – Whether included (Art. 280 EC)

4..
  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)

5..
  European Central Bank – Obligation to consult the Bank before adoption of an act in its field of competence – Scope – Measures intended to combat fraud adversely affecting the Community's financial interests – Excluded (Art. 105(4) EC; European Parliament and Council Regulation No 1073/1999)

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  European Central Bank – Independence – Scope – Community legislative measures capable of applying to the Bank – Whether permissible – Conditions (Art. 108 EC; Statute of the European System of Central Banks)

7..
  European Central Bank – Independence – Application of Regulation No 1073/1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) – Whether compatible (European Parliament and Council Regulation No 1073/1999; Commission Decision 1999/352)

8..
  European Anti-Fraud Office (OLAF) – Regulation No 1073/1999 concerning investigations conducted by OLAF – Breach of the principle of proportionality in relation to the inclusion of the European Central Bank within its scope – None (European Parliament and Council Regulation No 1073/1999)

9..
  European Anti-Fraud Office (OLAF) – Regulation (EC) No 1073/1999 concerning investigations conducted by OLAF – Infringement by Decision 1999/726 of the European Central Bank on fraud prevention (European Parliament and Council Regulation No 1073/1999; European Central Bank Decision 1999/726)

JUDGMENT OF THE COURT10 July 2003 (1)

JUDGMENT OF THE COURT10 July 2003 (1)

((European Central Bank (ECB) – Decision 1999/726/EC on fraud prevention – Protection of the Communities' financial interests – European Anti-Fraud Office (OLAF) – Regulation (EC) No 1073/1999 – Applicability to the ECB – Plea of illegality – Admissibility – Independence of the ECB – Article 108 EC – Legal basis – Article 280 EC – Consultation of the ECB – Article 105(4) EC – Proportionality))

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.

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: Language of the case: French.