Art. 3 Protocol inzake de voorrechten, vrijstellingen en immuniteiten van de Europese Organisatie voor Telecommunicatiesatellieten (EUTELSAT) — Immunity of EUTELSAT from Jurisdiction and Execution

1). EUTELSAT shall, in the exercise of its official activities, have immunity from jurisdiction except in the following cases: where the Director General expressly waives such immunity in a particular case; where a civil action is brought by a third party for damage arising from an accident caused by a motor vehicle or any other means of transport belonging to or operated on behalf of EUTELSAT, or in respect of a traffic offence involving such a vehicle or means of transport; for the attachment, pursuant to the final order of a court of law, of the salaries and emoluments including pensions, owed by EUTELSAT to a staff member or a former staff member; in respect of a counter-claim directly connected with judicial proceedings initiated by EUTELSAT; for the enforcement of an arbitration award made under Article XX of the Convention or Article 20 of the Operating Agreement. 2). Notwithstanding paragraph 1), no action shall be brought in the courts of Parties to the Protocol against EUTELSAT by Parties to the Convention, Signatories or persons acting for or deriving claims from any of them, relating to rights or obligations under the Convention or Operating Agreement. 3). The EUTELSAT Space Segment, wherever located and by whomsoever held, shall be immune from any search, restraint, requisition, seizure, confiscation, expropriation, sequestration or execution, whether by executive, administrative or judicial action; All other property of EUTELSAT, wherever located and by whomsoever held, shall enjoy the immunity set out in paragraph 3.a. except in respect of: an attachment or execution in order to satisfy a final judgement or order of a court of law that relates to any proceedings brought against EUTELSAT pursuant to paragraph 1); any action taken in accordance with the law of the State concerned which is temporarily necessary in connection with the prevention of or investigation into accidents involving motor vehicles or other means of transport belonging to, or operated on behalf of, EUTELSAT; expropriation in respect of real property for public purposes and subject to prompt payment of fair compensation, provided that such expropriation does not prejudice the functions and operations of EUTELSAT.

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