The Convention on the Establishment of a Security Control in the Field of Nuclear Energy and the Protocol on the Tribunal established by that convention were adopted on 20 December 1957. The Convention came into force on 22 July 1959 and the first judges were appointed on 1 January 1960.
Proceedings before the Tribunal are governed by the Rules of Procedure of the European Nuclear Energy Tribunal (adopted on 11 December 1962). The law applicable essentially consists of the 1957 Security Control Convention, the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960 (as amended) and the Brussels Convention of 31 January 1963 Supplementary to the Paris Convention (as amended).
The application of the security control system (designed to prevent the proliferation of nuclear weapons), the reason for which the Tribunal was originally established, has been suspended since the 1970s in order to avoid duplication with similar systems established by Euratom and the International Atomic Energy Agency. For the time being, the jurisdiction of the Tribunal has been limited to resolving differences concerning the interpretation or application of the above-mentioned Paris and Brussels Conventions.
Pursuant to the Paris (Article 17) and Brussels (Article 17) Conventions, any disputes between the Parties, upon the request of a Contracting Party concerned, shall be submitted to the Tribunal. The agreement of another Party is therefore not necessary. Pursuant to the 1957 Security Control Convention, any Government Party to the Convention or any undertaking concerned may bring appeals against decisions [Article 13(a)].
Seven independent judges are appointed for a five-year term by the OECD Council on the basis of a system of rotation between states party to the 1957 Security Control Convention. However, if the Tribunal does not include a judge of the same nationality as one of the parties in a case under consideration, the government concerned may designate a person to sit as an additional judge in that particular case.
Decisions are binding from the date upon which they are delivered. There have been no cases so far.The states party to the 1957 Security Control Convention are: Austria, Belgium, Denmark, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, Turkey, United Kingdom.
The judges appointed for the term of office commencing 24 May 2006 are: Dr. Peter Baumann (Austria), Ms. Mia Wouters (Belgium), Mr. Olivier Talevski (Denmark), Ms. Marie-Claire Guyader (France), Professor Armin von Bogdandy (Germany), Mr. E.A. Maan (Netherlands) and Professor Vaughan Lowe (United Kingdom).
The President of the Tribunal is currently Professor Armin von Bogdandy.
The Registrar of the Tribunal is currently Ms. Julia Schwartz, Head of Legal Affairs at the NEA. The seat of the European Nuclear Energy Tribunal is in Paris, France, at the OECD offices.