Art. 5 – Liability

1. The contractual liability of the Court shall be governed by the law applicable to the contract in question in accordance with Regulation (EC) No 593/2008 (3) (Rome I), where applicable, or failing that in accordance with the law of the Member State of the court seized. 2. The non-contractual liability of the Court in respect of any damage caused by it or its staff in the performance of their duties, to the extent that it is not a civil and commercial matter within the meaning of Regulation (EC) No 864/2007 (4) (Rome II), shall be governed by the law of the Contracting Member State in which the damage occurred. This provision is without prejudice to the application of Article 22. 3. The court with jurisdiction to settle disputes under paragraph 2 shall be a court of the Contracting Member State in which the damage occurred.