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Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 article 26 CELEX: 32021R2303 Civil liability
1. The host Member State shall be liable in accordance with its national law for any damage caused by experts participating in an asylum support team operating on its territory during their operations. 2. Where such damage is caused by gross negligence or wilful misconduct on the part of experts participating in an asylum support team, the host Member State may request the home Member State or the Agency to reimburse it for any sums that it has paid to injured parties or persons entitled to receive such sums on their behalf. 3. Without prejudice to the exercise of its rights vis-à-vis third parties, each Member State shall waive all its claims against the host Member State or any other Member State for any damage it has sustained, except in cases of gross negligence or wilful misconduct. 4. Any dispute between Member States or between a Member State and the Agency relating to the application of paragraphs 2 and 3 of this Article which cannot be resolved by negotiations between them shall be submitted by them to the CJEU in accordance with Article 273 TFEU. |
Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 article 26 CELEX: 32021R2303 5. Without prejudice to the exercise of its rights vis-à-vis third parties, the Agency shall bear the costs of damage to its equipment during deployment, except in cases of gross negligence or wilful misconduct. |