Case C-15/00





Commission of the European Communities

v

European Investment Bank





«(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 I - 0000

Judgment of the Court, 10 July 2003 I - 0000

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)

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.