Gemäß Art. 13 Abs. 3 ESM-Vertrag überträgt der Gouverneursrat Z 4 GOG-NR benötigt der österreichische Vertreter im ESM-Gouverneursrat. Calliess, Christian: Der ESM zwischen Luxemburg und Karlsruhe – Die Krise der Europäischen Stabilitätsmechanismus, Österreichische Juristenzeitung p (DE) . Frenz, Walter: ESM-Vertrag europarechtskonform!?, Europäisches . AUSTRIA. ANNEX I ESM DECISION SV 2/, of the Austrian Constitutional Court, .. Die Presse, ESM Vertrag nicht verfassungswidrig, April 3, , at.

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Help Print es page. Boskovits, acting as Agents. Mr Pringle, by J. Thomas Pringle v Government of Ireland and Others. N 39 41 CO The Member States whose currency is the euro may establish a stability mechanism to be activated if indispensable to safeguard the stability of the euro area as a whole. The latter will remain responsible to its creditors for its financial commitments.

A number of the governments who submitted observations to the Court, along with the Commission, maintain that the second question is partly inadmissible because the referring court failed to provide any information as to how the interpretation of certain provisions and sterrejch principles referred to in the second question is of any verrtag to the outcome of setrreich dispute before it.

In those circumstances the Supreme Court decided to stay proceedings and to refer to the Court the following questions for a preliminary ruling:. However, the arguments put forward in this context have not demonstrated that an agreement such as the ESM Treaty would have such effects.

However, the referring court is unsure whether the revision of the FEU Treaty does not also affect provisions of Part One of that treaty.

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Boskovits, acting as Agents, — the Spanish Government, by N. The referring court further vergrag to the argument of the applicant in the main proceedings that the grant of financial assistance to Member States whose currency is the euro or the recapitalisation of their financial institutions, and the necessary borrowing for that purpose, on the scale envisaged by the ESM Treaty, would increase the amount of euro currency in circulation.


The purpose of requesting criteria for interpretation from the Court is solely to enable the referring court to assess whether the provisions of the ESM Treaty are compatible with European Union law. Accordingly, that decision does not certrag any new power on the Member States. Bulterman, acting as Agents, — the Austrian Government, by G.

Even if the activities of the ESM might influence the rate of inflation, such an influence would constitute only the indirect consequence of the economic policy measures adopted.

Secondly, the duties conferred on the Commission and ECB within the ESM Treaty, important as they are, do not entail any power to make decisions of their own. Fiorentino, avvocato dello Stato, — the Cypriot Government, by D.

N 2 6 55 58 60 63 68 72 DA02 DC2: Mr Pringle further claimed that Ireland, by ratifying, approving or accepting the ESM Treaty, would undertake obligations which would be in contravention of provisions of the EU and FEU Treaties concerning economic and monetary policy and would directly encroach on the exclusive competence of the Union in relation to monetary policy.

The Heads of State or Government therefore agreed that it should not be used for such purposes. Van den Brink, A. Smulders, acting as Agents. N 1 48 54 55 77 91 92 98 EP1: Abstentions do not prevent the adoption of a decision wsm mutual agreement.

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N 1 51 77 91 92 EP7: Palmieri, acting as Agent, and by S. Crowe, acting as Agents, — the European Council, by H. The grant of financial assistance by one Vertragg State or by a group of Member States to another Member State is therefore not covered by that prohibition. The national court observes, referring to an argument put forward by the applicant in the main proceedings, that the establishment of the ESM outside the European Union legal order may have the consequence that the ESM is removed from the scope of the Charter.


N 68 MP3: For this purpose, the ESM shall be entitled to raise funds by issuing financial instruments or by entering into financial or other agreements or arrangements with ESM Members, financial institutions or other third parties. N 5 DC3: Bulterman, acting as Agents.

The votes of the member s of the Board of Governors of the ESM Member s concerned shall steereich suspended when the Board of Governors votes on such decision and the voting threshold needed for the adoption of that decision shall be recalculated accordingly.

However, under that same provision, the defaulting ESM Member State remains bound to pay its part of the capital. N 65 – E N 1 51 77 88 91 92 E For the reasons set out in the preceding paragraph, the ESM does not by purchasing such bonds assume the debts of sterriech recipient Member State.

Pochet, acting as Agents. Skip to main content.

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