WRITTEN QUESTION No. 2608/96 by Noël MAMERE to the Commission. Jurisdiction and enforcement of judgments in certain civil and commercial matters
Date: 1996-10-11
Institutions: European Parliament, MAMERE
Subjects: Belgium, European convention, European treaties, accession to an agreement, enforcement of ruling, jurisdiction, single market













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91996E2608

WRITTEN QUESTION No. 2608/96 by Noël MAMERE to the Commission. Jurisdiction and enforcement of judgments in certain civil and commercial matters  


Official Journal C 083 , 14/03/1997 P. 0035 





WRITTEN QUESTION E-2608/96 by Noël Mamère (V) to the Commission (11 October 1996)Subject: Jurisdiction and enforcement of judgments in certain civil and commercial mattersWhat is the situation concerning the territorial implementation of the Brussels Convention of 27 September 1968?Is it true that this Convention does not yet apply to judicial relations between Portugal and Spain on the one hand and Belgium on the other?Is true that this Convention does not yet apply to relations between Austria, Finland and Sweden on the one hand and the 12 other Member States of the European Union on the other?What steps does the Commission intend to take to remedy this regrettable situation, which is likely to create distortions within the single market?Answer given by Mr Monti on behalf of the Commission (19 November 1996)The Brussels Convention, as last amended by the Convention of San Sebastian of 26 May 1989 concerning the accession of Spain and Portugal, is applicable in respect of relations between all Member States except Belgium. Denmark was the last Member State to ratify it, on 21 December 1995, with effect from 1 March 1996.Under Article 4(2) of their Act of Accession to the EU Treaties, Austria, Finland and Sweden are obliged to accede to the Brussels Convention. An accession convention could be signed before the end of the year, after which the fifteen Member States will have to start the ratification procedures provided for by their constitutions. It is planned that such a convention will enter into force on the first day of the third month after the date on which two signatory States, one of which must be Austria, Sweden or Finland, have deposited their instruments of ratification.Belgium has not yet ratified the 1989 accession convention. Given the link between the Brussels Convention and the functioning of the single market, the Commission has approached the Belgian authorities for information about progress in ratifying the accession convention. According to the information supplied, Belgium is pursuing the ratification procedure within its parliamentary institutions, but no exact date has been set for completion of the procedure.The Brussels Convention is indissolubly linked to the EC Treaty. The Commission is proposing to remedy the situation criticized by the Honourable Member using the means provided for in the Treaty. Article 5 of the EC Treaty lays down that Member States are to take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of the Treaty or resulting from action taken by the institutions of the Community. In the circumstances, the Commission is proposing to give the Member State concerned the opportunity to submit its observations pursuant to Article 169 of the EC Treaty.