[No. 50.]
Sch.4
Criminal Justice (Theft and Fraud
Offences) Act, 2001.
[2001.]
(c) the offence is committed against one of the persons referred
to in Article 1 or a member of one of the institutions
referred to in Article 4 (2) who is one of its nationals;
(d) the offender is a Community official working for a European Community institution or a body set up in accordance with the Treaties establishing the European Communities which has its headquarters in the Member State
concerned.
2. Each Member State may declare when giving the notification
provided for in Article 9 (2) that it will not apply or will apply only
in specific cases or conditions one or more of the jurisdiction rules
laid down in paragraph 1 (b), (c), and (d).
Article 7
Relation to the Convention
1. Articles 3, 5 (1), (2) and (4) and Article 6 of the Convention
shall apply as if there were a reference to the conduct referred to in
Articles 2, 3 and 4 of this Protocol.
2. The following provisions of the Convention shall also apply to
this Protocol:
— Article 7, on the understanding that, unless otherwise indicated at the time of the notification provided for in Article
9 (2) of this Protocol, any declaration within the meaning
of Article 7 (2) of the Convention shall also apply to this
Protocol,
— Article 9,
— Article 10.
Article 8
Court of Justice
1. Any dispute between Member States on the interpretation or
application of this Protocol must in an initial stage be examined by
the Council in accordance with the procedure set out in Title VI of
the Treaty on European Union with a view to reaching a solution.
If no solution is found within six months, the matter may be referred
to the Court of Justice of the European Communities by a party to
the dispute.
2. Any dispute between one or more Member States and the Commission of the European Communities concerning Article 1, with the
exception of point 1 (c), or Articles 2, 3 and 4, or the third indent of
Article 7 (2) of this Protocol which it has proved impossible to settle
through negotiation may be submitted to the Court of Justice of the
European Communities.
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