|Sunday, 26 March 2023|
Treaty Establishing the European Community
as Amended by Subsequent Treaties
ROME, 25 March 1957
Part Six. General and Final Provisions                   [228a]            
SETTING UP OF THE INSTITUTIONS     
FINAL PROVISIONS 
Part Six. General and Final Provisions
Article 210. The Community shall have legal personality.
Article 211. In each of the Member States, the Community shall enjoy the most extensive legal capacity accorded to legal persons under their laws; it may, in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings. To this end, the Community shall be represented by the Commission.
Article 212. [repealed by the Merger Treaty.]
Article 213. The Commission may, within the limits and under the conditions laid down by the Council in accordance with the provisions of this Treaty, collect any information and carry out any checks required for the performance of the tasks entrusted to it.
Article 214. The members of the institutions of the Community, the members of committees and the officials and other servants of the Community shall be required, even after their duties have ceased, not to disclose information of the kind covered by the obligation of professional secrecy, in particular information about undertakings, their business relations or their cost components.
Article 215. The contractual liability of the Community shall be governed by the law applicable to the contract in question.
In the case of non-contractual liability, the Community shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its institutions or by its servants in the performance of their duties.
The preceding paragraph shall apply under the same conditions to damage caused by the ECB or by its servants in the performance of their duties.
The personal liability of its servants towards the Community shall be governed by the provisions laid down in their Staff Regulations or in the Conditions of Employment applicable to them.
Article 216. The seat of the institutions of the Community shall be determined by common accord of the Governments of the Member States.
Article 217. The rules governing the languages of the institutions of the Cornmunity shall, without prejudice to the provisions contained in the rules of procedure of the Court of Justice, be determined by the Council, acting unanimously.
[Article 218 was repealed by the Merger Treaty.]
Article 218. The European Communities shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of their tasks, under the conditions laid down in the Protocol annexed to this Treaty. The same shall apply to the European Investment Bank.
Article 219. Member States undertake not to submit a dispute concerning the interpretation or application of this Treaty to any method of settlement other than those provided for therein.
Article 220. Member States shall, so far as is necessary, enter into negotiations with each other with a view to securing for the benefit of their nationals:
Article 221. Within three years of the entry into force of this Treaty, Member States shall accord nationals of the other Member States the same treatment as their own nationals as regards participation in the capital of companies or firms within the meaning of Art. 58, without prejudice to the application of the other provisions of this Treaty.
Article 222. This Treaty shall in no way prejudice the rules in Member States governing the system of property ownership.
Article 224. Member States shall consult each other with a view to taking together the steps needed to prevent the functioning of the common market being affected by measures which a Member State may be called upon to take in the event of serious internal disturbance affecting the maintenance of law and order, in the event of war or serious international tension constituting a threat of war, or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.
Article 225. If measures taken in the circumstances referred to in Arts. 223 and 224 have the effect of distorting the conditions of competition in the common market, the Commission shall, together with the State concerned, examine how these measures can be adjusted to the rules laid down in this Treaty.
By way of derogation from the procedure laid down in Arts. 169 and 170, the Commission or any Member State may bring the matter directly before the Court of Justice if it considers that another Member State is making improper use of the powers provided for in Arts. 223 and 224. The Court of Justice shall give its ruling in camera.
Article 228a. Where it is provided, in a common position or in a joint action adopted according to the provisions of the Treaty on European Union relating to the common foreign and security policy, for an action by the Community to interrupt or to reduce, in part or completely, economic relations with one or more third countries, the Council shall take the necessary urgent measures. The Council shall act by a qualified majority on a proposal from the Commission.
Article 229. It shall be for the Commission to ensure the maintenance of all appropriate relations with the organs of the United Nations, of its specialised agencies and of the General Agreement on Tariffs and Trade.
The Commission shall also maintain such relations as are appropriate with all international organisations.
Article 230. The Community shall establish all appropriate forms of co-operation with the Council of Europe.
Article 231. The Community shall establish close co-operation with the Organisation for Economic Co-operation and Development, the details of which shall be determined by common accord.
Article 233. The provisions of this Treaty shall not preclude the existence or completion of regional unions between Belgium, Luxembourg and the Netherlands, to the extent that the objectives of these regional unions are not attained by application of this Treaty.
Article 234. The rights and obligations arising from agreements concluded before the entry into force of this Treaty between one or more Member States on the one hand, and one or more third countries on the other, shall not be affected by the provisions of this Treaty.
To the extent that such agreements are not compatible with this Treaty, the Member State or States concerned shall take all appropriate steps to eliminate the incompatibilities established. Member States shall, where necessary, assist each other to this end and shall, where appropriate, adopt a common attitude.
In applying the agreements referred to in the first paragraph, Member States shall take into account the fact that the advantages accorded under this Treaty by each Member State form an integral part of the establishment of the Community and are thereby inseparably linked with the creation of common institutions, the conferring of powers upon them and the granting of the same advantages by all the other Member States.
Article 235. If action by the Community should prove necessary to attain, in the course of the operation of the common market, one of the objectives of the Community and this Treaty has not provided the necessary powers, the Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament, take the appropriate measures.
Article 236. [repealed: see TEU art.N]
Article 237. [repealed: see TEU art.O]
Article 238. The Community may conclude with one or more States or international organizations agreements establishing an association involving reciprocal rights and obligations, common action and special procedures.
Article 239. The Protocols annexed to this Treaty by common accord of the Member States shall form an integral part thereof.
Article 240. This Treaty is concluded for an unlimited period.
SETTING UP OF THE INSTITUTIONS
Article 241. The Council shall meet within one month of the entry into force of this Treaty.
Article 242. The Council shall, within three months of its first meeting, take all appropriate measures to constitute the Economic and Social Committee.
Article 243. The European Parliament shall meet within two months of the first meeting of the Council, having been convened by the President of the Council, in order to elect its officers and draw up its rules of procedure. Pending the election of its officers, the oldest member shall take the chair.
Article 244. The Court of Justice shall take up its duties as soon as its members have been appointed. Its first President shall be appointed for three years in the same manner as its members.
The Court of Justice shall adopt its rules of procedure within three months of taking up its duties.
No matter may be brought before the Court of Justice until its rules of procedure have been published. The time within which an action must be brought shall run only from the date of this publication.
Upon his appointment, the President of the Court of Justice shall exercise the powers conferred upon him by this Treaty.
Article 245. The Commission shall take up its duties and assume the responsibilities conferred upon it by this Treaty as soon as its members have been appointed.
Upon taking up its duties, the Commission shall undertake the studies and arrange the contacts needed for making an overall survey of the economic situation of the Community.
Article 247. This Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Italian Republic.
This Treaty shall enter into force on the first day of the month following the deposit of the instrument of ratification by the last signatory State to take this step. If, however, such deposit is made less than fifteen days before the beginning of the following month, this Treaty shall not enter into force until the first day of the second month after the date of such deposit.
Article 248. This Treaty, drawn up in a single original in the Dutch, French, German and Italian languages, all four texts being equally authentic, shall be deposited in the archives of the Government of the Italian Republic, which shall transmit a certified copy to each of the Governments of the other signatory States.
In witness whereof, the undersigned Plenipotentiaries have signed this Treaty.
Done at Rome this twenty-fifth day of March in the year one thousand nine hundred and fifty-seven.
[Here follow the signatures.]