Article 40

Without prejudice to the first paragraph of Article 34, the Court shall have jurisdiction to  order pecuniary reparation from the Community, on application by the injured party, to make  good any injury caused in carrying out this Treaty by a wrongful act or omission on the part  of the Community in the performance of its functions.

The Court shall also have jurisdiction to order the Community to make good any injury  caused by a personal wrong by a servant of the Community in the performance of his duties.  The personal liability of its servants towards the Community shall be governed by the  provisions laid down in their Staff Regulations or the Conditions of Employment applicable  to them. ( * )

( * ) Second paragraph as amended by Article 26 of the Merger Treaty.

All other disputes between the Community and persons other than its servants to which the  provisions of this Treaty or the rules laid down for the implementation thereof do not apply  shall be brought before national courts or tribunals.

Article 41

The Court shall have sole jurisdiction to give preliminary rulings on the validity of acts of the  commission and of the Council where such validity is in issue in proceedings brought before a  national court or tribunal.

Article 42

The Court shall have jurisdiction to give judgment pursuant to any arbitration clause  contained in a contract concluded by or on behalf of the Community, whether that contract be  governed by public or private law.

Article 43

The Court shall have jurisdiction in any other case provided for by a provision supplementing  this Treaty.

It may also rule in all cases, which relate to the subject matter of this Treaty where  jurisdiction is conferred upon it by the law of a Member State.

Article 44

The judgments of the Court shall be enforceable in the territory of Member States under the  conditions laid down in Article 92.

Article 45

The Statute of the Court is laid down in a Protocol annexed to this Treaty.

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