Privileges and immunities of the European Central Bank
It needs to be highlighted in this context that the privileges and immunities are accorded to members of staff ‘solely in the interests of the ECB’ (Article 18, first sentence, of the Protocol).
This does not prevent a member of staff from invoking the privileges and immunities in a legal dispute with a national authority61. However, the member of staff may not waive the privileges and immunities granted to him/her. It is up to the ECB to decide on such waiver (Section 4).
1. Privileges and immunities granted to ECB staff
According to Article 23, first paragraph, of the Protocol, ECB staff enjoy the same privileges and immunities as officials and servants of the Community institutions enjoy in accordance with the Articles 12 to 14 of the Protocol. Germany, as the host state, and the ECB have agreed on more specific rules for the implementation of these provisions (cf. Articles 12 to 14 of the Headquarters Agreement).