Translation of "EAEC " (English → French) :

The President of the Court of Justice may, by way of summary procedure, which may, in so far as necessary, differ from some of the rules contained in this Statute and which shall be laid down in the Rules of Procedure, adjudicate upon applications to suspend execution, as provided for in Article 278 of the Treaty on the Functioning of the European Union and Article 157 of the EAEC Treaty, or to prescribe interim measures pursuant to Article 279 of the Treaty on the Functioning of the European Union, or to suspend enforcement in accordance with the fourth paragraph of Article 299 of the Treaty on the Functioning of the European Union or t ...[+++]he third paragraph of Article 164 of the EAEC Treaty.

CONSIDERING that, in accordance with Article 343 of the Treaty on the Functioning of the European Union and Article 191 of the Treaty establishing the European Atomic Energy Community ("EAEC"), the European Union and the EAEC shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of their tasks,

It is clear from paragraph 36 of the "Jason Reactor" case that the rationale for excluding the military sphere from the scope of the EAEC Treaty is the protection of the "essential national defence interests of the Member States". This is reinforced by the second sentence of that paragraph which states that the absence of an explicit EAEC Treaty exclusion would prevent Member States from adequately protecting "those [essential national defence] interests".

The Court went on to accept the arguments of the United Kingdom and France whereby the fact that there were public security exceptions in the EC Treaty, but none in the EAEC Treaty meant that it was implicit that the EAEC Treaty did not apply at all to nuclear energy used for military purposes.

4. Takes note of the recent case-law to the effect that the EAEC Treaty "is not applicable to uses of nuclear energy for military purposes"; however, considers that the Court of Justice clearly linked its restrictive interpretation of the scope of the EAEC Treaty with the need to protect the essential national defence interests of the Member States;

3. Article 140a(2) and (3) of the EAEC Treaty was similarly amended by Article 3(13) of the Treaty of Nice.