Publication: Magyar Közlöny
Issue: MK-1999-27 (Year: 1999, Number: 27)
Era: 1990-2004
Section: 
Paragraph Index: 3

2. § A Jegyzőkönyv angol, francia és magyar nyelvű hivatalos szövege az alábbi: „Third Protocol to the General Agreement on Privileges and Immunities of the Council of Europe Strasbourg, 6. III. 1959 The Governments signatory hereto, being Members of the Council of Europe, signatories of the General Agreement on Privileges and Immunities of the Council of Europe or Parties to the said Agreement and, at the same time, Members of the Council of Europe Resettlement Fund for National Refugees and Over-population, having regard to the provisions of Articles I and IX g) of the Articles of Agreement of the aforesaid Fund**, having regard to Article 40 of the Statute of the Council of Europe, desirous of defining the legal regime of the property, assets and operations of the Resettlement Fund, and the legal status of its organs and officials, considering that it is necessary to facilitate the realisation of the statutory purposes of the Fund by the most generous possible reduction in direct or indirect taxation affecting the operations of the Fund and borne ultimately by the beneficiaries of loans granted by the Fund, * A törvényt az Országgyűlés az 1999. március 23-i ülésnapján fogadta el. ** The statutory text establishing this Fund is included below, pp. 12—20. desirous of supplementing, in respect of the Resettlement Fund, the provisions of the General Agreement on Privileges and Immunities of the Council of Europe, have agreed as follows: Part I Articles of Agreement, personality, capacity Article 1 The Articles of Agreement of the Council of Europe Resettlement Fund, as approved by the Committee of Ministers in Resolution (56) 9, or as amended by the aforesaid Committee, or by the Governing Body acting within the limits laid down in Article IX h) of the said Articles of Agreement, shall be an integral part of the present Protocol. The Council of Europe Resettlement Fund shall possess juridical personality and, in particular, the capacity (i) to contract; (ii) to acquire and dispose of immovable and movable property; (iii) to institute legal proceedings; (iv) to carry out any transaction related to its statutory purposes. The operations, acts and contracts of the Resettlement Fund shall be governed by this Protocol, by the Articles of Agreement of the Fund and by regulations issued in pursuance of the said Articles of Agreement. In addition, a national law may be applied in a particular case, provided that the Fund expressly agrees thereto and that such law does not derogate from this Protocol nor from the said Articles of Agreement. Part II Courts, property, assets, operations Article 2 Any competent court of a Member of the Fund or of a State in whose territory the Fund has contracted or guaranteed a loan may hear suits in which the Fund is a defendant. Nevertheless: (i) No action shall be brought in such courts, either against the Fund by a Member or persons acting for or deriving claims from a Member, or by the Fund against a Member or the persons aforesaid; (ii) Differences arising out of any loan or guarantee contract concluded by the Fund with a Member or with any other borrower approved by that Member shall be settled by arbitration in accordance with procedure laid down in II. rész JOGSZABÁLYOK 1999/27. szám the said contract. Differences arising out of any loan or guarantee contract signed by the Fund shall be settled by arbitration procedure under arrangements specified in the Loan Regulations drawn up in pursuance of Article X, Section I d), of the Articles of Agreement of the Fund. Article 3 The property and assets of the Fund, wheresover located and by whomsoever held, shall be immune from all forms of seizure, attachment or execution before the delivery against the Fund of an enforceable judgement which can no longer be disputed by common remedies at law. Enforcement of awards by execution, where such awards result from arbitration in accordance with the third paragraph of Article 2 shall, in the territory of Members of the Fund, take place through the legal channels prescribed in each such Member State and after endorsement with the executory formula customary in the State in whose territory the award is to be executed; for the purpose of such endorsement, no check shall be required other than verification that the award is authentic, that it conforms to the rules concerning competence and procedure set forth in the Loan Regulations of the Fund and that it does not conflict with a final judgement passed in the country concerned. Each signatory shall, on deposit of its instrument of ratification, notify the other signatories through the Secretary-General of the Council of Europe what authority is competent under its laws to discharge this formality. Article 4 The property and assets of the Fund, wheresoever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation or any other form of distraint by executive or legislative action. The buildings and premises used for the operations of the Fund, and also its archives, shall be inviolable. Article 5 To the extent necessary to the achievement of its statutory purposes the Fund may:

Source: https://magyarkozlony.hu/hivatalos-lapok/9a9cf91e894c223daf4f422c4ff3939a175a3dd0/dokumentumok/cfdda7ae12cc433c714d617b11f21b093ff42b3e/letoltes