lment by Member States of obligations under the Statute of
the European Investment Bank. In this connection, the Board of
Directors of the Bank shall enjoy the powers conferred upon the
Commission by Article 169;
(b) measures adopted by the Board of Governors of the European
Investment Bank. In this connection, any Member State, the
Commission of the Board of Directors of the Bank may institute
proceedings under the conditions laid down in Article 173;
(c) measures adopted by the Board of Directors of the European
Investment Bank. Proceedings against such measures may be
instituted only by Member States or by the Commission, under the
conditions laid down in Article 173, and solely on the grounds of non-
compliance with the procedure provided for in Article 21(2), (5), (6) and
(7) of the Statute of the Bank;
(d) the fulfillment by the national central banks of obligations under
this Treaty and the Statute of the ESCB. In this connection the powers
of the Council of the ECB in respect of national central banks shall be
the same as those conferred upon the commission in respect of
Member States by Article 169. If the Court of Justice finds that a
national central bank has failed to fulfill an obligation under this
Treaty, that bank shall be required to take the necessary measures to
comply with the judgment of the Court of Justice."
58) Article 184 shall be replaced by the following:
"ARTICLE 184
Notwithstanding the expiry of the period laid down in the fifth
paragraph of Article 173, any party may, in proceedings in which a
regulation adopted jointly by the European Parliament and the Council,
or a regulation of the Council, of the Commission, or of the ECB is at
issue, plead the grounds specified in the second paragraph of Article
173 in order to invoke before the Court of Justice the inapplicability of
that regulation."
59) The following section shall be inserted:
"SECTION 5
THE COURT OF AUDITORS
ARTICLE 188a
The Court of Auditors shall carry out the audit.
ARTICLE 188b
1. The Court of Auditors shall consist of twelve members.
2. The members of the Court of Auditors shall be chosen from among
persons who belong or have belonged in their respective countries to
external audit bodies or who are especially qualified for this office.
Their independence must be beyond doubt.
3. The members of the Court of Auditors shall be appointed for a term
of six years by the Council, acting unanimously after consulting the
Europ