and accounts of the EMI and to obtain
full information about its transactions.
The provisions of Article 188c of this Treaty shall only apply to an
examination of the operational efficiency of the management of the
EMI.
17.5. Any surplus of the EMI shall be transferred in the following order
(a) an amount to be determined by the Council of the EMI shall be
transferred to the general reserve fund of the EMI.
(b) any remaining surplus shall be distributed to the national central
banks in accordance with the key referred to in Article 16.2.
17.6. In the event of a loss incurred by the EMI, the shortfall shall be
offset against the general reserve fund of the EMI. Any remaining
shortfall shall be made good by contributions from the national central
banks, in accordance with the key as referred to in Article 16.2.
ARTICLE 18
Staff
18.1. The Council of the EMI shall lay down the conditions of
employment of the staff of the EMI.
18.2. The Court of Justice shall have jurisdiction in any dispute
between the EMI and its servants within the limits and under the
conditions laid down in the conditions of employment.
ARTICLE 19
Judicial control and related matters.
19.1. The acts or omissions of the EMI shall be open to review or
interpretation by the Court of Justice in the cases and under the
conditions laid down in this Treaty. The EMI may institute proceedings
in the cases and under the conditions laid down in this Treaty.
19.2. Disputes between the EMI, on the one hand, and its creditors,
debtors or any other person, on the other, shall fall within the
jurisdiction of the competent national courts, save where jurisdiction
has been conferred upon the Court of Justice.
19.3. The EMI shall be subject to the liability regime provided for in
Article 215 of this Treaty.
19.4. The Court of Justice shall have jurisdiction to give judgment
pursuant to any arbitration clause contained in a contract concluded by
or on behalf of the EMI, whether that contract be governed by public or
private law.
19.5. A decision of the EMI to bring an action before the Court of
Justice shall be taken by the Council of the EMI.
ARTICLE 20
Professional Secrecy
20.1. Members of the Council of the EMI and the staff of the EMI shall
be required, even after their duties have ceased, not to disclose
information of the kind covered by the obligation of professional
secrecy.
20.2. Persons having access to data covered by Community
legislation imposing and