CHAPTER VII

GENERAL PROVISIONS

ARTICLE 34

Legal acts

34.1. In accordance with Article 108a of this Treaty, the ECB shall:

- make regulations to the extent necessary to implement the tasks

defined in Article 3.1., first indent, Articles 19.1, 22 or 25.2 and in

cases which shall be laid down in the acts of the Council referred to in

Article 42;

- take decisions necessary for carrying out the tasks entrusted to the

ESCB under this Treaty and this Statute;

- make recommendations and deliver opinions.

34.2. A regulation shall have general application. It shall be binding in

its entirety and directly applicable in all Member States.

Recommendations and opinions shall have no binding force.

A decision shall be binding in its entirety upon those to whom it is

addressed.

Articles 190 to 192 of this Treaty shall apply to regulations and

decisions adopted by the ECB.

The ECB may decide to publish its decisions, recommendations and

opinions.

34.3. Within the limits and under the conditions adopted by the Council

under the procedure laid down in Article 42, the ECB shall be entitled

to impose fines or periodic penalty payments on undertakings for

failure to comply with obligations under its regulations and decisions.

ARTICLE 35

Judicial control and related matters

35.1. The acts or omissions of the ECB shall be open to review or

interpretation by the Court of Justice in the cases and under the

conditions laid down in this Treaty. The ECB may institute proceedings

in the cases and under the conditions laid down in this Treaty.

35.2. Disputes between the ECB, on the one hand, and its creditors,

debtors or any other person, on the other, shall be decided by the

competent national courts, save where jurisdiction has been conferred

upon the Court of Justice.

35.3. The ECB shall be subject to the liability regime provided for in

Article 215 of this Treaty. The national central banks shall be liable

according to their respective national laws.

35.4. The Court of Justice shall have jurisdiction to give judgment

pursuant to any arbitration clause contained in a contract concluded by

or on behalf of the ECB, whether that contract be governed by public or

private law.

35.5. A decision of the ECB to bring an action before the Court of

Justice shall be taken by the Governing Council.

35.6. The Court of Justice shall have jurisdiction in disputes

concerning the fulfillment by a national central bank of obligations

under this Statute. If the ECB considers that a national central bank

has failed to fulfill an obligation under this Statute, it shall deliver a

reasoned opinion on the matter after giving the national central bank

concerned the opportunity to submit its observations. If the national

central bank concerned does not comply with the opinion within the

period laid down by the ECB, the latter may bring the matter before the

Court of Justice.

ARTICLE 36

Staff

36.1. The Governing Council, on a proposal from the Executive Board,

shall lay down the conditions of employment of the staff of the ECB.

36.2. The Court of Justice shall have jurisdiction in any dispute

between the ECB and its servants within the limits and under the

conditions laid down in the conditions of employment.

ARTICLE 37

Seat

Before the end of 1992, the decision as to where the seat of the ECB

will be established shall be taken by common accord of the

governments of the Member States at the level of Heads of State or of

Government.

ARTICLE 38

Professional secrecy

38.1. Members of the governing bodies and the staff of the ECB and

the national central banks shall be required, even after their duties

have ceased, not to disclose information of the kind covered by the

obligation of professional secrecy.

38.2. Persons having access to data covered by Community

legislation imposing an obligation of secrecy shall be subject to such

legislation.

ARTICLE 39

Signatories

The ECB shall be legally committed to third parties by the President or

by two members of the Executive Board or by the signatures of two

members of the staff of the ECB who have been duly authorized by the

President to sign on behalf of the ECB.

ARTICLE 40

Privileges and immunities.

The ECB shall enjoy in the territories of the Member States such

privileges and immunities as are necessary for the performance of its

tasks, under the conditions laid down in the Protocol on the Privileges

and Immunities of the European Communities annexed to the Treaty

establishing a Single Council and a Single Commission of the

European Communities.

The Treaty of the European Union, Maastricht Treaty, 7th February, 1992 · 第 7 / 9 章