Commission Implementing Decision of 12 December 2014 on setting up the Joint Institute for Very Long Baseline Interferometry as a European Research Infrastructure Consortium (JIV-ERIC) (2014/923/EU)

CHAPTER 8 DURATION, WINDING UP, DISPUTES, SET UP PROVISIONS

Article 27 Duration

JIV-ERIC shall be established for an indefinite period of time.

Article 28 Winding up

1. The winding up of JIV-ERIC shall follow a decision of the Council in accordance with Article 13(5)(d).

2. Without undue delay and in any event within ten calendar days after adoption of the decision to wind up JIV-ERIC, JIV-ERIC shall notify the European Commission thereof.

3. Assets remaining after payment of JIV-ERIC debts shall be apportioned among the Members in proportion to their accumulated annual contribution to JIV-ERIC as specified in Annex 2.

4. Without undue delay and in any event within 10 days of the closure of the winding up procedure, JIV-ERIC shall notify the European Commission thereof.

5. JIV-ERIC shall cease to exist on the day on which the European Commission publishes the appropriate notice in the Official Journal of the European Union.

Article 29 Applicable Law

JIV-ERIC shall be governed, by precedence:

a)

by Union law, in particular Regulation (EC) No 723/2009;

b)

by law of The Netherlands in case of a matter not covered or only partly covered by EU law;

c)

by these Statutes;

d)

by the Rules of Procedure.

Article 30 Disputes

1. The Court of Justice of the European Union shall have jurisdiction over litigation among the Members in relation to JIV-ERIC, between members and JIV-ERIC and over any litigation to which the Union is a party.

2. Union legislation on jurisdiction shall apply to disputes between JIV-ERIC and third parties. In cases not covered by EU legislation, the law of the Netherlands shall determine the competent jurisdiction for the resolution of such disputes.

Article 31 Availability of the Statutes

1. At any point in time the valid version of the Statutes shall be publicly available at the JIV-ERIC website and at the statutory seat.

2. These Statutes shall be deemed authentic in all official language versions of the Members listed in Annex 1. In addition these Statutes shall also be deemed authentic in the official language versions of the EU Members not listed in Annex 1. No language version shall prevail.

3. Translation of the original version of the Statutes and of amendments that are published in the Official Journal shall be the prerogative of the European Commission. When translations are not provided for by the European Commission, these shall be provided by JIV-ERIC Coordination and Support Office.

Article 32 Set up and Transitional Provisions

1. A constitutional meeting of the Council shall be called by the host country as soon as possible but no later than forty-five calendar days after the Commission decision to set up JIV-ERIC enters into force.

2. The host country shall notify the founding Members of any specific urgent legal action that needs to be taken on behalf of JIV-ERIC before the constitutional meeting is held. Unless a founding Member objects within five working days after being notified, the legal action shall be carried out by a person duly authorised by the host state.

3. Until the establishment of JIV-ERIC, the current JIVE Board and JIVE director shall continue to act as the legal representative of the Dutch Foundation. The JIV-ERIC Executive Director shall be mandated by both the JIVE Board and the JIV-ERIC Council to determine the course of action during the JIVE transitional phase from a Dutch Foundation into a JIV-ERIC.