הי אירה,

ראי להלן השאלות לסורל. אשלח לך בהקדם את שאר השאלות שמופנות אלייך.

-סדריק

1.        Article 15(1) of EC Regulation 723/2009 states: "The setting-up and internal functioning of an ERIC shall be governed: (a) by Community law, in particular this Regulation, and the decisions referred to in Articles 6(1)(a) and 11(1); (b) by the law of the State where the ERIC has its statutory seat in the case of matters not, or only partly, regulated by acts referred to in point (a); (c) by the Statutes and their implementing rules."

However, the SHARE-ERIC Statutes include several provisions that refer to the internal national laws of members (for example Articles 11(3), 12(3) and 14). What is the relationship between Article 15(1) of the Regulation, on the one hand, and these provisions of the Statutes on the other? In the matters covered by those provisions of the Statutes referring to national law, does national law prevail over Community law/law of the SHARE-ERIC statutory seat? And if so, then can other specific fields of law be made subject to a member's national law as opposed to other laws, either generally or with respect to Israel specifically?

2.    Article 15(2) of the EC Regulation states: "The Court of Justice of the European Communities shall have jurisdiction over litigation among the members in relation to the ERIC, between the members and the ERIC and over any litigation to which the Community is a party."

By contrast, Article 8 of the SHARE-ERIC by-laws states: "All disputes arising between parties and/or organs of SHARE-ERIC which cannot be solved amicably shall finally be settled under the Rules of Arbitration of the International Chamber of Commerce by three arbitrators (one nominated by each party and the third nominated by the arbitrators themselves in accordance with said Rules. Place of arbitration will be Tilburg, the Netherlands, if not otherwise agreed by the conflicting parties. The award of the arbitration will be final and binding upon the parties." It is not clear to us which types of disputes must be brought before the Court of Justice and which must be brought before arbitration.

3.    Article 9 of the EC Regulation states: "Associated and third countries applying for the setting-up of or for membership in an ERIC shall accord to the ERIC treatment equivalent to that following from Articles 5(1)(d) and 7(3)." These last two Articles refer in turn to various EC Directives: Articles 143(g) and 151(1)(b) of Directive 2006/112/EC, Article 23(1) of Directive 92/12/EEC and Article 15(c) of Directive 2004/18/EC. These Directives are also referenced in the Statutes. In practice, are any of these legal Directives applicable to SHARE-ERIC? If so, to what extent would they be relevant for Israel as a SHARE-ERIC member?

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