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| Title |
Opinion of Advocate General Federico Mancini (24 November 1987)
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| Document type |
Text
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| Source |
Opinion of Mr Advocate General Mancini delivered on 24 November 1987 in Case 85/86, Commission of the European Communities v Board of Governors of the European Investment Bank, in Reports of Cases before the Court. 1998, p. 1292.
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| Keywords |
EC Court of Justice Advocate-General, EIB, legal status
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| Copyright |
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| Caption |
In his Opinion of 24 November 1987, Advocate General Federico Mancini argues that the officials of the European Investment Bank (EIB) should be subject to the Community tax. This leads him to comment on the legal nature of the Bank. Although the EIB is neither an institution nor an organ of the EEC, it is nevertheless an autonomous segment of the organisational machinery of the Community, established and with a legal personality conferred by the Treaty, and having a functional connection with the Community. His arguments render invalid the theory of an independent EIB, a ‘third party' vis-à-vis the Community.
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| Location in the digital library |
EUROPEAN ORGANISATIONS >> European Union >> The EU institutions >> European Investment Bank
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| Document extract |
Opinion of Mr Advocate General Mancini delivered on 24 November 1987 *
Mr President, Members of the Court, 1. The Court is called upon to consider an action brought by the Commission of the European Communities on 19 March 1986 against the Board of Governors of the European Investment Bank (hereinafter referred to as ‘the Bank’). The Commission seeks a declaration annulling the decision taken by the Board of Governors of 30 December 1985 on the ‘disposal of the proceeds of the income tax withheld by the Bank from salaries and pensions paid to its staff’, which precluded the payment of the sums concerned into the Community budget and at the same time confirmed a practice which, albeit implemented differently, goes back to the 1962 financial year. The Commission argues that this infringes the EEC Treaty and the provisions laid down for its implementation. The proceedings — in which recourse is being made for the first time to Article 180 (b) of the EEC Treaty — is of major importance both because the accumulated revenue of 25 years’ tax amounts to a very considerable sum and because the parties’ arguments are based on radically different ideas as to the legal nature of the Bank and hence necessitate in-depth reflection on the position of that important body within the institutional machinery of the Treaty. As both the parties have pointed out, (...) Read more in ENA |
| See also |
'EIB: not your average bank' from EUROPE
"The EIB _ Investing in a closer_knit Europe" in EUR_OP News
Seat of the European Investment Bank
Loans of the European Investment Bank (1997_2001)
Organisation and operation of the European Investment Bank
"The EIB Group at a plenary session of the European Parliament" in EIB_Information
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