Protocol on Privileges and Immunities of the European Organization for Nuclear Research

The New Protocol defines the legal status, privileges and immunities of the European Organization for Nuclear Research (CERN).

The Organization shall have international legal personality and legal capacity on the respective territories of the States Parties to this Protocol (Article 2).

In the exercise of its official activities, the Organization shall enjoy immunity from legal process, except: a) in so far as such immunity is waived in a particular case by the Council of the Organization; b) in respect of a claim by a third party for damage arising from an accident caused by a motor vehicle belonging to, or operated on behalf of, the Organization, or in respect of a motor traffic offense involving such a vehicle; c) in respect of the enforcement of an arbitration award made under Article 16 or 18 of this Protocol; d) in respect of a counter-claim relating directly to and
introduced in the procedural framework of a claim brought by the Organization (Article 5).

The officials of the Organization shall enjoy immunity, even after the termination of their functions, from legal process in respect of acts, including words spoken or written done by them in the exercise of their functions and within the limits of their duties. This immunity shall not apply, however, in the case of a motor vehicle offense committed by an official of the Organization nor in the case of damage caused by a motor vehicle belonging to or driven by her or him (Article 10). The Director-General shall enjoy throughout the duration of her or his functions the privileges and immunities granted by the Vienna Convention on Diplomatic Relations of 18 April 1961 to diplomatic agents of comparable rank (Article 12).

The privileges and immunities provided for in Articles 10 and 12 of this Protocol are granted solely to ensure the
unimpeded functioning of the Organization and the complete independence of the persons to whom they are accorded. They are not granted for the personal benefit of the individuals concerned. Such immunities may be waived and there is a duty to do so in any particular case where they would impede the course of justice and can be waived without prejudice to the purpose for which they are accorded (Article 13).

The Organization shall co-operate with the competent authorities of the States Parties to this Protocol in order to facilitate the proper administration of justice, the observance of laws and regulations on police, public health, health and safety at work and on the environment, and to prevent any abuse of privileges, immunities and facilities provided for in this Protocol (Article 14).

The Organization shall make provision for appropriate modes of settlement of: a) disputes arising from contracts to which the Organization is a party; the Organization shall include, in all written contracts into which it enters, other than those referred to in paragraph 1 d) of this Article, an arbitration clause under which any disputes arising out of the interpretation or execution of the contract shall, at the request of either party, be submitted to arbitration or, if so agreed by the parties, to another appropriate mode of settlement; b) disputes arising out of damages caused by the
Organization or involving any other non-contractual liability of the Organization; c) disputes involving an official of the Organization who enjoys immunity from legal process, if such immunity has not been waived in accordance with the provisions of Article 5 of this Protocol; d) disputes arising between the Organization and its officials; the Organization shall submit all disputes arising from the application and interpretation of contracts concluded with officials of the Organization on the basis of the Staff Rules and Regulations of the Organization to the jurisdiction of the International Labour Organization Administrative Tribunal (ILOAT) or to any other appropriate international administrative tribunal to the jurisdiction of which the Organization is submitted following a decision by the Council (Article 14).