Dear Margaret,
A Protocol has exactly the same legal status as the Treaty to which it is
attached (see Article 311 of the EC Treaty, formerly Article 239 EC) which
is not the case for other Treaty annexes such as Declarations, which are
only binding if reference is specifically made to them in a Treaty
provision.
Although similar provisions are contained in the ECSC and Euratom Treaties,
there is no such provision in the EU Treaty, but I suspect the ECJ would
apply the same rule by analogy.
The European Court of Justice has looked at the effect of protocols to the
EC Treaty in a number of cases including:
C-246/96 Cunningham
C-147/95 DEI
(both cases relate to the "Barber" Protocol No 17 (old Protocol No 2) on
Article 141 (prev Art 119) on equal pay)
C-171/96 Roque v HE Lt Governor of Jersey
C-355/89 Barr and Montrose Holdings
(both cases relate to the old Protocol No 3 on the Channel Islands and the
Isle of Man)
C-191/94 AGF Belgium
T-497/93 Hogan
C-88/92 van Rosendaal
C-263/91 Kristoffersen
T-80/91 Campogrande
C-201/89 Le Pen
C-333/88 Tither
(all cases relate to Protocol No 36 on EC Privileges and Immunities
(originally annexed to the Merger Treaty of 8 Aprl 1965)
Kind regards
Anthony Valcke
> Professional Support Lawyer (EC Competition Unit)
> Baker & McKenzie, London
> Tel + 44 20 7919 1929
> Fax + 44 20 7919 1999
> http://www.bakernet.com
-----Original Message-----
From: Margaret Cunningham [mailto:[log in to unmask]]
Sent: 29 January 2002 14:39
To: [log in to unmask]
Subject: Protocols: Legal Status
Is anyone able to please provide guidance on the question of the legal
status of EC/EU protocols?
Many thanks
Margaret
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