HEADQUARTERS AGREEMENT BETWEEN THE EFTA COURT AND THE GRAND DUCHY OF LUXEMBOURG

The Grand Duchy of Luxembourg and The EFTA Court
Having regard to the Agreement on the European Economic Area, signed in Oporto on 2 May 1992, as amended by the Protocol Adjusting the Agreement on the European Economic Area, signed in Brussels on 17 March 1993 and the Decision of the EEA Council on the entry into force of the Agreement on the European Economic Area for the Principality of Liechtenstein, done at Brussels 10 March 1995.
Having regard to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, signed in Oporto on 2 May 1992 and adjusted on 17 March 1993 by the Protocol Adjusting the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, as well as a Protocol Regarding the Application to Liechtenstein of Decisions and Other Measures taken under Certain Agreements between the EFTA States, done at Brussels 18 May 1995.

Having regard to Protocol 7 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, on the Legal Capacity, Privileges and Immunities of the EFTA Court.
Having regard to the decision of the EFTA Court to move its seat to Luxembourg.
Desirous to conclude an Agreement defining the privileges and immunities necessary for the exercise of the functions of the EFTA Court in Luxembourg.
Having appointed to this end as their representatives:

The Grand Duchy of Luxembourg:
His Excellency Mr. Jacques F. POOS
Minister of Foreign Affairs, Foreign Trade and Co-operation

The EFTA Court:
Mr. Bjørn HAUG
President of the EFTA Court
who, after having exchanged their full powers, have agreed as follows:

I. Status, privileges and immunities of the Court

Article 1

Personality
1. The Grand Duchy of Luxembourg acknowledges the international legal personality and the legal capacity within Luxembourg of the EFTA Court, hereinafter referred to as "the Court".

II. Privileges and immunities granted to persons who are called to the Court in an official capacity

Article 14

Privileges and immunities granted to parties, agents, lawyers, advisers, witnesses and experts
The parties, agents, lawyers, advisers, witnesses and experts shall,
enjoy immunity from jurisdiction, even after termination of their functions, subject to Article 15 of this Agreement, in respect of acts, including words spoken or written, done by them in the exercise of their functions,
enjoy inviolability for all their papers and documents.

Article 15

Exceptions to the immunity from jurisdiction and execution
The persons referred to in Articles 12 and 14 shall not benefit from immunity from jurisdiction, nor, where applicable, from immunity from execution, in the event of civil proceedings against them with respect to damage caused by a vehicle in their ownership or control, or in the event of their contravening the laws in force regarding road traffic which may give rise to the imposition of a spot fine.

Article 16

Purpose of immunity
The privileges and immunities provided for in this Agreement are not established for the personal benefit of those persons in whose favour they are granted. Their purpose is solely to ensure, in all circumstances, the freedom of action of the Court and the complete independence of the persons concerned.
The Court shall have not only the right but also the duty to waive the immunity of a Judge, the Registrar or an official when it considers that such immunity would hinder the normal course of justice, and that it is possible to waive such immunity without prejudicing the interests of the Court.

Article 17

Access, residence and departure
Without prejudice to the Schengen Agreement, the Luxembourg authorities shall take all the necessary steps to facilitate the entry into, departure from and residence in Luxembourg territory of all persons who are called to or summoned by the Court in an official capacity, namely:
the Judges of the Court, ad hoc judges and the Registrar, as well as the dependent members of their families;
the officials of the Court and the dependent members of their families;
the representatives of the EFTA Sates;
the parties, agents, lawyers, advisers, witnesses and experts before the Court.

Article 19

Prevention of abuse
The Court and the Luxembourg authorities shall co-operate at all times to facilitate the satisfactory administration of justice, to ensure the observance of police regulations and to prevent any abuse of the privileges, immunities, facilities and exemptions provided for in this Agreement.

Article 20

Respect for Luxembourg legislation
Without prejudice to their privileges and immunities it is the duty of the Judges, the Registrar and the officials of the Court, as well as all persons called to the Court in an official capacity, to respect the laws and regulations of Luxembourg.

III. Non-responsibility and security of the Grand Duchy of Luxembourg

Article 22

Security of the Grand Duchy of Luxembourg
Nothing in this Agreement shall affect the right of the Grand Duchy of Luxembourg to apply all appropriate safeguards in the interest of its own security.
Should the Grand Duchy of Luxembourg consider it necessary to apply the first paragraph, it shall, as promptly as circumstances permit, establish contact with the Court in order to decide jointly upon such measures as may be necessary to protect the interests of the Court.
The Court shall co-operate with the Luxembourg authorities to prevent any prejudice to the security of Luxembourg on account of any activity of the Court.