Protocol, drawn up on the basis of Article K.3 of the Treaty on European Union, on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interests

Parties with reservations, declarations and objections

Party	Reservations / Declarations	Objections
Austria	Yes	No
Belgium	Yes	No
Bulgaria	Yes	No
Denmark	Yes	No
Finland	Yes	No
France	Yes	No
Germany	Yes	No
Greece	Yes	No
Hungary	Yes	No
Ireland	Yes	No
Italy	Yes	No
Latvia	Yes	No
Lithuania	Yes	No
Luxembourg	Yes	No
Netherlands, the Kingdom of the	Yes	No
Portugal	Yes	No
Slovakia	Yes	No
Slovenia	Yes	No
Spain	Yes	No
Sweden	Yes	No

Austria

21-05-1999

Declare to accept the jurisdiction of the Court of Justice of the European Communities in accordance with the procedures laid down in Article 2 paragraph 2(b); Reserve the right to make provision in their national law to the effect that, where a question relating to the interpretation of the Convention on the protection of the European Communities' financial interests and the first Protocol thereto is raised in a case pending before a national court or tribunal against whose decision there is no judicial remedy under national law, that court or tribunal will be required to refer the matter to the Court of Justice.

Belgium

12-03-2002

The Kingdom of Belgium declares that it accepts the jurisdiction of the Court of Justice of the European Communities in the manner prescribed in Article 2, under the conditions specified in Article 2(2)(b).

Bulgaria

06-12-2007

With reference to Article 2 of the Protocol of 29 November 1996 the Republic of Bulgaria declares that it accepts the jurisdiction of the Court of Justice of the European Communities with respect to the Convention of 26 July 1995, drawn up on the basis of Article K.3 of the Treaty on the European Union, on the protection of the European Communities' financial interests, in accordance with the procedures specified in Article 2, paragraph 2(a).

Denmark

02-10-2000

With reference to Article 2(1), Denmark accepts the jurisdiction of the Court of Justice of the European Communities to give preliminary rulings on the interpretation of the Convention on the protection of the European Communities' financial interests and the first Protocol to that Convention under the conditions specified in Article 2(2)(b). Thus, a court in Denmark may request the Court of Justice of the European Communities to give a preliminary ruling on a question raised in a case pending before it and concerning the interpretation of the Convention on the protection of the European Communities' financial interests and the first Protocol thereto, if the relevant court considers that a decision on the question is necessary to enable it to give judgment.

Finland

18-12-1998

Declare to accept the jurisdiction of the Court of Justice of the European Communities in accordance with the procedures laid down in Article 2 paragraph 2(b).

France

04-08-2000

Declare to accept the jurisdiction of the Court of Justice of the European Communities in accordance with the procedures laid down in Article 2 paragraph 2(a). Pursuant to Article 2: In accordance with the declaration made by France on 14 March 2000 pursuant to Article 35 of the Treaty on European Union, the French Republic hereby stated that it accepts the jurisdiction of the Court of Justice of the European Communities to give preliminary rulings on the interpretation of the Convention on the Protection of the European Communities' Financial Interests and of the first protocol to that Convention, under the conditions laid down in Article 2 (2)(b) thereof.

Germany

03-07-2001

The Representatives of the Governments of the Member States of the European Union meeting within the Council, At the time of the signing of the Council act drawing up the Protocol on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities, of the Convention on the protection of the European Communities' financial interests, Wishing to ensure that the said Convention is interpreted as effectively and uniformly as possible as from its entry into force, Declare themselves willing to take appropriate steps to ensure that the national procedures for adopting the Convention on the protection of the European Communities' financial interests and the Protocol concerning its interpretation are completed simultaneously at the earliest opportunity.
Declaration made pursuant to Article 2:
At the time of the signing of this Protocol, the following declared that they accepted the jurisdiction of the Court of Justice of the European Communities in accordance with the procedures laid down in Article 2: The French Republic, Ireland and the Portuguese Republic, in accordance with the procedures laid down in Article 2(2)(a); The Federal Republic of Germany, the Hellenic Republic, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden, in accordance with the procedures laid down in Article 2(2)(b).
Declaration:
The Federal Republic of Germany, the Hellenic Republic, the Kingdom of the Netherlands and the Republic of Austria reserve the right to make provision in their national law to the effect that, where a question relating to the interpretation of the Convention on the protection of the European Communities' financial interests or the first Protocol thereto is raised in a case pending before a national court or tribunal against whose decision there is no judicial remedy under national law, that court or tribunal will be required to refer the matter to the Court of Justice of the European Communities. For the Kingdom of Denmark and the Kingdom of Spain, the declaration(s) will be made at the time of adoption.

Greece

26-07-2000

Hungary

18-01-2010

In accordance with Article 2(2)(b) of the Protocol of 29 November 1996, the Republic of Hungary acknowledges the competence of the European Court of Justice to give preliminary rulings on the interpretation of the Convention, drawn up on the basis of Article K.3 of the Treaty of the European Union, on the protection of the European Communities' financial interests and the Protocol to that Convention if any court or tribunal of the Republic of Hungary requests the European Court of Justice to give a preliminary ruling on a question raised in a case pending before it and concerning the interpretation of the Convention, drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests and the Protocol thereto.

Ireland

03-06-2002

Ireland hereby declares pursuant to Article 2.1 of the Protocol that it accepts the jurisdiction of the Court of Justice of the European Communities to give preliminary rulings on the interpretation of the Convention on the Protection of the European Community's Financial Interests and the First Protocol to that Convention under the conditions specified in Article 2.2 (a) of the said Protocol, namely that any court or tribunal of Ireland against whose decisions there is no judicial remedy under national law may request the Court of Justice of the European Communities to give a preliminary ruling on a question raised in a case pending before it and concerning the interpretation of the Convention on the Protection of the European Community's Financial Interests and the First Protocol thereto if that court or tribunal considers that a decision on the question is necessary to enable it to give judgement.

Italy

19-07-2002

In relation to Article 2(1) of the Protocol on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interests and Declaration annexed thereto, done at Brussels on 29 November 1996, Italy declares that it accepts the jurisdiction of the Court of Justice of the European Communities to give preliminary rulings on the interpretation of the Convention on the protection of the European Communities' financial interests and the first Protocol to that Convention under the conditions specified in paragraph 2(b).

Latvia

31-08-2004

In accordance with paragraph 2(a) of Article 2 of the Protocol drawn up on the basis of Article K.3 of the Treaty on European Union, on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interests, Declaration concerning the simultaneous adoption of the Convention on the protection of the European Communities' financial interests and the Protocol on the interpretation by way of preliminary rulings, by the Court of Justice of the European Communities, of that Convention, and Declaration made pursuant to Article 2, the Republic of Latvia declares that any court of the Republic of Latvia against whose decision there is no juridical remedy under national law may request the Court of Justice of the European Communities to give a preliminary ruling on a question raised in a case pending before it and concerning the interpretation of the Convention on the protection of the Communities' financial interests and the first Protocol thereto if that court considers that decision on the question is necessary to enable it to give judgment.

Lithuania

28-05-2004

And whereas, pursuant to paragraph 1 of Article 2 of the Protocol adopted on 29 November 1996, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania recognizes the jurisdiction of the Court of Justice of the European Communities to give preliminary rulings on the interpretation of the Convention and the Protocol adopted on 27 of September 1996 pursuant to the conditions specified in subparagraph b of paragraph 2 of Article 2.

Luxembourg

17-05-2001

The Grand Duchy of Luxembourg accepts the jurisdiction of the Court of Justice of the European Communities on the terms specified in Article 2(2)(b) of the Protocol drawn up on the basis of Article K.3 of the Treaty on European Union on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interests.

Netherlands, the Kingdom of the

16-02-2001

Portugal

15-01-2001

Declare to accept the jurisdiction of the Court of Justice of the European Communities in accordance with the procedures laid down in Article 2 paragraph 2(a).

Slovakia

30-09-2004

The Slovak Republic declares that it shall recognise the jurisdiction of the Court of Justice of the European Communities to give a preliminary ruling concerning the interpretation of the Convention on the Protection of the European Communities' Financial Interests and the Protocol hereto with the specification according to the conditions laid down in the art. 2.2 (a) of the Protocol on the Interpretation of the Convention on the Protection of the European Communities' Financial Interests by way of preliminary rulings, by the Court of Justice of the European Communities.

Slovenia

17-04-2007

In accordance with Article 2(1) of the Protocol drawn up on the basis of Article K.3 of the Treaty on European Union, on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interests, the Republic of Slovenia declares that it accepts the jurisdiction of the Court of Justice pursuant to the conditions specified in Article 2(2)(b) of the Protocol.

Spain

20-01-2000

First: In accordance with the provisions of Article 2(1), Spain declares that it accepts the jurisdiction of the Court of Justice of the European Communities to give preliminary rulings under the conditions specified in Article 2(2)(a). Second: Spain reserves the right to make provision in its national law to the effect that, where a question relating to interpretation of the Convention on the protection of the European Communities' financial interests is raised before a court against the decisions of which there is no judicial remedy under national law, that court will be required to seek a preliminary ruling.

Sweden

10-06-1999

(...) in accordance with Article 2(1) and (2)(b) of the Protocol, that Swedish courts are able to seek preliminary rulings by the Court of Justice of the European Communities on the interpretation of the Convention on the protection of the European Communities' financial interestes and the first Protocol to that Convention. This option will no be limited to courts of final instance.

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