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The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1989

S.I. 1989/1346 · Made 2 August 1989

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

JUDGMENTS

Made 2nd August 1989

Coming into force 1st October 1989

At the Court at Buckingham Palace, the 2nd day of August 1989

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Mattersf1 was signed on 27th September 1968:

And whereas a Protocol on the Interpretation of the Convention by the Court of Justice of the European Communitiesf2 was signed on 3rd June 1971:

And whereas a Convention on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland to the Conventionf3, signed by Her Majesty’s Government on 9th October 1978, was ratified on 7th October 1986 by Her Majesty and entered into force for the United Kingdom on 1st January 1987:

And whereas the Civil Jurisdiction and Judgments Act 1982f4 gave the force of law to these Conventions and to the Protocol in the United Kingdom:

And whereas by section 14(1) of that Act, if at any time it appears to Her Majesty in Council that Her Majesty’s Government in the United Kingdom has agreed to a revision of these Conventions or the Protocol, including in particular any revision connected with the accession to the 1968 Convention of one or more further states, Her Majesty may by Order in Council make such modifications of that Act as Her Majesty considers appropriate in consequence of the revision:

And whereas a Convention on the Accession of the Hellenic Republic to the 1968 Conventionf5 was signed on 25th October 1982:

And whereas each House of Parliament has by a resolution approved a draft of this Order:

Now, therefore, Her Majesty, by virtue and in exercise of the powers conferred on Her by section 14 of the Civil Jurisdiction and Judgments Act 1982 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Annotations to the whole text

Footnotes

f1

OJ No. L 304, 30.10.1978, p.36.

f2

OJ No. L 304, 30.10.1978, p.50.

f3

OJ No. L 304, 30.10.1978, p.1.

f4

1982 c. 27.

f5

OJ No. L 388, 31.12.1982, p.1.

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. 4Article 4
  5. 5Article 5
  6. 6Article 6
  7. 7Article 7
  8. 8Article 8
  9. 9Article 9
  10. Signature
  11. Schedule 1: TEXT OF 1968 CONVENTION, AS AMENDED
  12. CONVENTIONon jurisdiction and the enforcement of judgments in civil and commercial matters
  13. TITLE ISCOPE
  14. Part TITLE II: JURISDICTION
  15. Section 1General provisions
  16. Section 2Special jurisdiction
  17. Section 3Jurisdiction in matters relating to insurance
  18. Section 4Jurisdiction over consumer contracts
  19. Section 5Exclusive jurisdiction
  20. Section 6Prorogation of jurisdiction
  21. Section 7Examination as to jurisdiction and admissibility
  22. Section 8Lis Pendens — related actions
  23. Section 9Provisional, including protective, measures
  24. TITLE IIIRECOGNITION AND ENFORCEMENT
  25. Section 1Recognition
  26. Section 2Enforcement
  27. Section 3Common provisions
  28. TITLE IVAUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS
  29. TITLE VGENERAL PROVISIONS
  30. TITLE VITRANSITIONAL PROVISIONS
  31. TITLE VIIRELATIONSHIP TO OTHER CONVENTIONS
  32. TITLE VIIIFINAL PROVISIONS
  33. ANNEXED PROTOCOL
  34. Schedule 2TEXT OF 1971 PROTOCOL, AS AMENDED
  35. 1Article 3
  36. 2Article 3
  37. 1Article 4
  38. 2Article 4
  39. 3Article 4
  40. 4Article 4
  41. 5Article 4
  42. 1Article 5
  43. 2Article 5
  44. Schedule 3: SCHEDULE 3A
  45. Part TITLE V: Transitional provisions
  46. 1Article 12
  47. 2Article 12
  48. TITLE VIFinal provisions
  49. Explanatory note

1

This Order shall come into force on 1st October 1989 and may be cited as the Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1989.

2

In this Order “the Act” means the Civil Jurisdiction and Judgments Act 1982.

3

The following shall be inserted before the final item in section 1(1) of the Act–

  • ““the 1982 Accession Convention” means the Convention on the accession of the Hellenic Republic to the 1968 Convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, signed at Luxembourg on 25th October 1982;”

4

The following shall be substituted for the final item in section 1(1) of the Act–

  • ““the Conventions” means the 1968 Convention, the 1971 Protocol, the Accession Convention and the 1982 Accession Convention.”

5

The following shall be substituted for section 1(2)(a) of the Act–

“(a)

references to, or to any provision of, the 1968 Convention or the 1971 Protocol are references to that Convention, Protocol or provision as amended by the Accession Convention and the 1982 Accession Convention; and”

6

The following shall be substituted for section 1(3) of the Act–

“(3)

In this Act “Contracting State” means–

(a)

one of the original parties to the 1968 Convention (Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and The Netherlands); or

(b)

one of the parties acceding to that Convention under the Accession Convention (Denmark, the Republic of Ireland and the United Kingdom), or under the 1982 Accession Convention (the Hellenic Republic),

being a state in respect of which the Accession Convention has entered into force in accordance with Article 39 of that Convention, or being a state in respect of which the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention, as the case might be.”

7

The following shall be substituted for section 2(2) of the Act–

“(2)

For convenience of reference there are set out in Schedules 1, 2, 3 and 3A respectively the English texts of–

(a)

the 1968 Convention as amended by Titles II and III of the Accession Convention and by Titles II and III of the 1982 Accession Convention;

(b)

the 1971 Protocol as amended by Title IV of the Accession Convention and by Title IV of the 1982 Accession Convention;

(c)

Titles V and VI of the Accession Convention (transitional and final provisions); and

(d)

Titles V and VI of the 1982 Accession Convention (transitional and final provisions),

being texts prepared from the authentic English texts referred to in Articles 37 and 41 of the Accession Convention and in Article 17 of the 1982 Accession Convention.”

8

The following shall be inserted after paragraph (b) of section 3(3) of the Act–

“; and

(c)

the report by Professor Demetrios I. Evrigenis and Professor K. D. Kerameus on the 1982 Accession Conventionf1,”

9

(1)

The text set out in Schedule 1 to this Order shall be substituted for the text set out in Schedule 1 to the Act.

(2)

The text set out in Schedule 2 to this Order shall be substituted for the text set out in Schedule 2 to the Act.

(3)

The text set out in Schedule 3 to this Order shall be inserted after Schedule 3 to the Act.

Signature

G. I. de Deney

Clerk of the Privy Council

CONVENTIONon jurisdiction and the enforcement of judgments in civil and commercial matters

THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY,

Desiring to implement the provisions of Article 220 of that Treaty by virtue of which they undertook to secure the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals;

Anxious to strengthen in the Community the legal protection of persons therein established;

Considering that it is necessary for this purpose to determine the international jurisdiction of their courts, to facilitate recognition and to introduce an expeditious procedure for securing the enforcement of judgments, authentic instruments and court settlements;

Have decided to conclude this Convention and to this end have designated as their Plenipotentiaries:

(Designations of Plenipotentiaries of the original six Contracting States)

WHO, meeting within the Council, having exchanged their Full Powers, found in good and due form,

HAVE AGREED AS FOLLOWS:

TITLE ISCOPE

This Convention shall apply in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters.

The Convention shall not apply to:

1.

the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession;

2.

bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings;

3.

social security;

4.

arbitration,

Section 1General provisions

Subject to the provisions of this Convention, persons domiciled in a Contracting State shall, whatever their nationality, be sued in the courts of that State.

Persons who are not nationals of the State in which they are domiciled shall be governed by the rules of jurisdiction applicable to nationals of that State.

Section 2Special jurisdiction

A person domiciled in a Contracting State may, in another Contracting State, be sued:

1.

in matters relating to a contract, in the courts for the place of performance of the obligation in question;

2.

in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which, according to its own law, has jurisdiction to entertain those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties;

3.

in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred;

4.

as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings;

5.

as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated;

6.

as settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the Contracting State in which the trust is domiciled;

7.

as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question:

(a)

has been arrested to secure such payment, or

(b)

could have been so arrested, but bail or other security has been given;

provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage.

Section 3Jurisdiction in matters relating to insurance

In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to the provisions of Articles 4 and 5 point 5.

Section 4Jurisdiction over consumer contracts

In proceedings concerning a contract concluded by a person for a purpose which can be regarded as being outside his trade or profession, hereinafter called “the consumer”, jurisdiction shall be determined by this Section, without prejudice to the provisions of point 5 of Articles 4 and 5, if it is:

1.

a contract for the sale of goods on instalment credit terms, or

2.

a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods, or

3.

any other contract for the supply of goods or a contract for the supply of services, and

(a)

in the State of the consumer’s domicile the conclusion of the contract was preceded by a specific invitation addressed to him or by advertising, and

(b)

the consumer took in that State the steps necessary for the conclusion of the contract.

Where a consumer enters into a contract with a party who is not domiciled in a Contracting State but has a branch, agency or other establishment in one of the Contracting States, that party shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.

This Section shall not apply to contracts of transport.

Section 5Exclusive jurisdiction

The following courts shall have exclusive jurisdiction, regardless of domicile:

1.

in proceedings which have as their object rightsin rem in, or tenancies of, immovable property, the courts of the Contracting State in which the property is situated;

2.

in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, or the decisions of their organs, the courts of the Contracting State in which the company, legal person or association has its seat;

3.

in proceedings which have as their object the validity of entries in public registers, the courts of the Contracting State in which the register is kept;

4.

in proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, the courts of the Contracting State in which the deposit or registration has been applied for, has taken place or is under the terms of an international convention deemed to have taken place;

5.

in proceedings concerned with the enforcement of judgments, the courts of the Contracting State in which the judgment has been or is to be enforced.

Section 6Prorogation of jurisdiction

If the parties, one or more of whom is domiciled in a Contracting State, have agreed that a court or the courts of a Contracting State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall have exclusive jurisdiction. Such an agreement conferring jurisdiction shall be either in writing or evidenced in writing or, in international trade or commerce, in a form which accords with practices in that trade or commerce of which the parties are or ought to have been aware. Where such an agreement is concluded by parties, none of whom is domiciled in a Contracting State, the courts of other Contracting States shall have no jurisdiction over their disputes unless the court or courts chosen have declined jurisdiction.

The court or courts of a Contracting State on which a trust instrument has conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved.

Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of Articles 12 or 15, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article 16.

If an agreement conferring jurisdiction was concluded for the benefit of only one of the parties, that party shall retain the right to bring proceedings in any other court which has jurisdiction by virtue of this Convention.

Section 7Examination as to jurisdiction and admissibility

Where a court of a Contracting State is seised of a claim which is principally concerned with a matter over which the courts of another Contracting State have exclusive jurisdiction by virtue of Article 16, it shall declare of its own motion that it has no jurisdiction.

Section 9Provisional, including protective, measures

Application may be made to the courts of a Contracting State for such provisional, including protective, measures as may be available under the law of that State, even if, under this Convention, the courts of another Contracting State have jurisdiction as to the substance of the matter.

TITLE IIIRECOGNITION AND ENFORCEMENT

For the purposes of this Convention, “judgment” means any judgment given by a court or tribunal of a Contracting State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court.

Section 1Recognition

A judgment given in a Contracting State shall be recognized in the other Contracting States without any special procedure being required.

Any interested party who raises the recognition of a judgment as the principal issue in a dispute may, in accordance with the procedures provided for in Sections 2 and 3 of this Title, apply for a decision that the judgment be recognized.

If the outcome of proceedings in a court of a Contracting State depends on the determination of an incidental question of recognition that court shall have jurisdiction over that question.

Section 2Enforcement

A judgment given in a Contracting State and enforceable in that State shall be enforced in another Contracting State when, on the application of any interested party, the order for its enforcement has been issued there.

However, in the United Kingdom, such a judgment shall be enforced in England and Wales, in Scotland, or in Northern Ireland when, on the application of any interested party, it has been registered for enforcement in that part of the United Kingdom.

Section 3Common provisions

A party seeking recognition or applying for enforcement of a judgment shall produce:

1.

a copy of the judgment which satisfies the conditions necessary to establish its authenticity;

2.

in the case of a judgment given in default, the original or a certified true copy of the document which establishes that the party in default was served with the document instituting the proceedings or with an equivalent document

TITLE IVAUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

A document which has been formally drawn up or registered as an authentic instrument and is enforceable in one Contracting State shall, in another Contracting State, have an order for its enforcement issued there, on application made in accordance with the procedures provided for in Article 31et seq. The application may be refused only if enforcement of the instrument is contrary to public policy in the State in which enforcement is sought.

The instrument produced must satisfy the conditions necessary to establish its authenticity in the State of origin.

The provisions of Section 3 of Title III shall apply as appropriate.

TITLE VGENERAL PROVISIONS

In order to determine whether a party is domiciled in the Contracting State whose courts are seised of a matter, the Court shall apply its internal law.

If a party is not domiciled in the State whose courts are seised of the matter, then, in order to determine whether the party is domiciled in another Contracting State, the court shall apply the law of that State.

The domicile of a party shall, however, be determined in accordance with his national law if, by that law, his domicile depends on that of another person or on the seat of an authority.

TITLE VITRANSITIONAL PROVISIONS

The provisions of this Convention shall apply only to legal proceedings instituted and to documents formally drawn up or registered as authentic instruments after its entry into force.

However, judgments given after the date of entry into force of this Convention in proceedings instituted before that date shall be recognized and enforced in accordance with the provisions of Title III if jurisdiction was founded upon rules which accorded with those provided for either in Title II of this Convention or in a convention concluded between the State of origin and the State addressed which was in force when the proceedings were instituted.

TITLE VIIRELATIONSHIP TO OTHER CONVENTIONS

Subject to the provisions of the second subparagraph of Article 54, and of Article 56, this Convention shall, for the States which are parties to it, supersede the following conventions concluded between two or more of them:

  • the Convention between Belgium and France on jurisdiction and the validity and enforcement of judgments, arbitration awards and authentic instruments, signed at Paris on 8 July 1899,

  • the Convention between Belgium and the Netherlands on jurisdiction, bankruptcy, and the validity and enforcement of judgments, arbitration awards and authentic instruments, signed at Brussels on 28 March 1925,

  • the Convention between France and Italy on the enforcement of judgments in civil and commercial matters, signed at Rome on 3 June 1930,

  • the Convention between the United Kingdom and the French Republic providing for the reciprocal enforcement of judgments in civil and commercial matters, with Protocol, signed at Paris on 18 January 1934.

  • the Convention between the United Kingdom and the Kingdom of Belgium providing for the reciprocal enforcement of judgments in civil and commercial matters, with Protocol, signed at Brussels on 2 May 1934,

  • the Convention between Germany and Italy on the recognition and enforcement of judgments in civil and commercial matters, signed at Rome on 9 March 1936,

  • the Convention between the Federal Republic of Germany and the Kingdom of Belgium on the mutual recognition and enforcement of judgments, arbitration awards and authentic instruments in civil and commercial matters, signed at Bonn on 30 June 1958,

  • the Convention between the Kingdom of the Netherlands and the Italian Republic on the recognition and enforcement of judgments in civil and commercial matters, signed at Rome on 17 April 1959,

  • the Convention between the United Kingdom and the Federal Republic of Germany for the reciprocal recognition and enforcement of judgments in civil and commercial matters, signed at Bonn on 14 July 1960,

  • the Convention between the Kingdom of Greece and the Federal Republic of Germany for the reciprocal recognition and enforcement of judgments, settlements and authentic instruments in civil and commercial matters, signed at Athens on 4 November 1961,

  • the Convention between the Kingdom of Belgium and the Italian Republic on the recognition and enforcement of judgments and other enforceable instruments in civil and commercial matters, signed at Rome on 6 April 1962,

  • the Convention between the Kingdom of the Netherlands and the Federal Republic of Germany on the mutual recognition and enforcement of judgments and other enforceable instruments in civil and commercial matters, signed at The Hague on 30 August 1962,

  • the Convention between the United Kingdom and the Republic of Italy for the reciprocal recognition and enforcement of judgments in civil and commercial matters, signed at Rome on 7 February 1964, with amending Protocol signed at Rome on 14 July 1970,

  • the Convention between the United Kingdom and the Kingdom of the Netherlands providing for the reciprocal recognition and enforcement of judgments in civil matters, signed at The Hague on 17 November 1967,

and, in so far as it is in force:

  • the Treaty between Belgium, the Netherlands and Luxembourg on jurisdiction, bankruptcy, and the validity and enforcement of judgments, arbitration awards and authentic instruments, signed at Brussels on 24 November 1961.

TITLE VIIIFINAL PROVISIONS

This Convention shall apply to the European territories of the Contracting States, including Greenland, to the French overseas departments and territories, and to Mayotte.

The Kingdom of the Netherlands may declare at the time of signing or ratifying this Convention or at any later time, by notifying the Secretary-General of the Council of the European Communities, that this Convention shall be applicable to the Netherlands Antilles. In the absence of such declaration, proceedings taking place in the European territory of the Kingdom as a result of an appeal in cassation from the judgment of a court in the Netherlands Antilles shall be deemed to be proceedings taking place in the latter court.

Notwithstanding the first paragraph, this Convention shall not apply to:

1.

the Faroe Islands, unless the Kingdom of Denmark makes a declaration to the contrary;

2.

any European territory situated outside the United Kingdom for the international relations of which the United Kingdom is responsible, unless the United Kingdom makes a declaration to the contrary in respect of any such territory.

Such declarations may be made at any time by notifiying the Secretary-General of the Council of the European Communities.

Proceedings brought in the United Kingdom on appeal from courts in one of the territories referred to in subparagraph 2 of the third paragraph shall be deemed to be proceedings taking place in those courts.

Proceedings which in the Kingdom of Denmark are dealt with under the law on civil procedure for the Faroe Islands (lov for Faeroerne om rettens pleje) shall be deemed to be proceedings taking place in the courts of the Faroe Islands.

ANNEXED PROTOCOL

Any person domiciled in Luxembourg who is sued in a court of another Contracting State pursuant to Article 5(1) may refuse to submit to the jurisdiction of that court. If the defendant does not enter an appearance the court shall declare of its own motion that it has no jurisdiction.

An agreement conferring jurisdiction, within the meaning of Article 17, shall be valid with respect to a person domiciled in Luxembourg only if that person has expressly and specifically so agreed.

Schedule 2TEXT OF 1971 PROTOCOL, AS AMENDED

The Court of Justice of the European Communities shall have jurisdiction to give rulings on the interpretation of the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters and of the Protocol annexed to that Convention, signed at Brussels on 27 September 1968, and also on the interpretation of the present Protocol.

The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland to the Convention of 27 September 1968 and to this Protocol.

The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Hellenic Republic to the Convention of 27 September 1968 and to this Protocol, as adjusted by the 1978 Convention.

1Article 3

Where a question of interpretation of the Convention or of one of the other instruments referred to in Article 1 is raised in a case pending before one of the courts listed in point 1 of Article 2, that court shall, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon.

2Article 3

Where such a question is raised before any court referred to in point 2 or 3 of Article 2, that court may, under the conditions laid down in paragraph 1, request the Court of Justice to give a ruling thereon.

1Article 4

The competent authority of a Contracting State may request the Court of Justice to give a ruling on a question of interpretation of the Convention or of one of the other instruments referred to in Article 1 if judgments given by courts of that State conflict with the interpretation given either by the Court of Justice or in a judgment of one of the courts of another Contracting State referred to in point 1 or 2 of Article 2. The provisions of this paragraph shall apply only to judgments and have becomeres judicata.

2Article 4

The interpretation given by the Court of Justice in response to such a request shall not affect the judgments which gave rise to the request for interpretation.

3Article 4

The Procurators-General of the Courts of Cassation of the Contracting States, or any other authority designated by a Contracting State, shall be entitled to request the Court of Justice for a ruling on interpretation in accordance wth paragraph 1.

4Article 4

The Registrar of the Court of Justice shall give notice of the request to the Contracting States, to the Commission and to the Council of the European Communities; they shall then be entitled within two months of the notification to submit statements of case or written observations to the Court.

5Article 4

No fees shall be levied or any costs or expenses awarded in respect of the proceedings provided for in this Article.

1Article 5

Except where this Protocol otherwise provides, the provisions of the Treaty establishing the European Economic Community and those of the Protocol on the Statute of the Court of Justice annexed thereto, which are applicable when the Court is requested to give a preliminary ruling, shall also apply to any proceedings for the interpretation of the Convention and the other instruments referred to in Article 1.

2Article 5

The Rules of Procedure of the Court of Justice shall, if necessary, be adjusted and supplemented in accordance with Article 188 of the Treaty establishing the European Economic Community.

1Article 12

The 1968 Convention and the 1971 Protocol, as amended by the 1978 Convention and this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.

2Article 12

However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognized and enforced in accordance with the provisions of Title III of the 1968 Convention, as amended by the 1978 Convention and this Convention, if jurisdiction was founded upon rules which accorded with the provisions of Title II of the 1968 Convention, as amended, or with the provisions of a convention which was in force between the State of origin and the State addressed when the proceedings were instituted.

TITLE VIFinal provisions

The Secretary-General of the Council of the European Communities shall transmit a certified copy of the 1968 Convention, of the 1971 Protocol and of the 1978 Convention in the Danish, Dutch, English, French, German, Irish and Italian languages to the Government of the Hellenic Republic.

The texts of the 1968 Convention, of the 1971 Protocol and of the 1978 Convention, drawn up in the Greek language, shall be annexed to this Convention. The texts drawn up in the Greek language shall be authentic under the same conditions as the other texts of the 1968 Convention, the 1971 Protocol and the 1978 Convention.

Explanatory note

(This note is not part of the Order)

This Order modifies the Civil Jurisdiction and Judgments Act 1982, in consequence of a revision of the 1968 Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters and the 1971 Protocol on the Interpretation of the Convention by the Court of Justice of the European Communities. The revision of the Convention and the Protocol was occasioned by the accession to them of the Hellenic Republic, and the effect of this Order will be to extend the reciprocal application of the Convention accordingly. For convenience the amended texts of the Convention and Protocol are set out in Schedules 1 and 2 respectively.

The 1968 Convention was drawn up between the six original Member States of the European Community under Article 220 of the Treaty, which provides that Member States shall enter into negotiations with each other with a view to securing for the benefit of their nationals,inter alia, the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals. The Convention established a scheme to determine the international jurisdiction of the courts of the Member States, and to facilitate recognition and introduce an expeditious procedure for securing the enforcement of judgments within the Community.

The 1971 Protocol conferred jurisdiction on the Court of Justice of the Community to interpret the Convention.

On becoming a Member of the Community each State undertakes to accede to the Brussels Convention and the Protocol. The United Kingdom, Denmark and Ireland acceded by a Convention signed on 9 October 1978 and the Brussels Convention is now in force in each of these States – in the United Kingdom by virtue of the Civil Jurisdiction and Judgments Act 1982. In turn, on joining the Community, Greece acceded by a Convention signed on 25 October 1982. A Convention on the accesssion of the two remaining States, Spain and Portugal, is to be signed on 26 May 1989.