CELEX: 52013PC0338
Language: en
Date: 2013-06-06
Title: Proposal for a COUNCIL DECISION authorizing Austria and Malta to accede to the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters in the interest of the European Union

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		52013PC0338
		
			Proposal for a COUNCIL DECISION authorizing Austria and Malta to accede to the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters in the interest of the European Union /* COM/2013/0338 final - 2013/0177 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
1.1.        Purpose
of the proposal
The
Hague Convention of 15 November 1965 on the Service Abroad of Judicial and
Extrajudicial Documents in Civil or Commercial Matters (hereinafter: the Hague
Service Convention) provides for the channels of transmission to be used when a
judicial or extrajudicial document has to be transmitted from one Contracting State
to the Convention to another Contracting State for the service in the latter. The
Hague Service Convention simplifies the method of transmission of judicial and
extrajudicial documents. The main channel of transmission, in lieu of consular
and diplomatic channels, is through a Central Authority, who shall serve the
documents or shall arrange to have them served. The Convention also provides
for several alternative methods of transmission (e.g. postal channels). It also
aims to establish a system which, to extent possible, brings actual notice of
the document to be served to the recipient in sufficient time to enable him to
defend himself. Furthermore, the Convention facilitates proof that the service
has been affected abroad, by mean of certificates contained in a uniform model.

The Hague Service Convention falls within the exclusive external competence of the European Union
following the adoption of the Union internal rules on service of documents in
the Council Regulation (EC) No 1348/2000, repealed by
the Regulation (EC) No 1393/2007 of the European
Parliament and of the Council of 13 November 2007 on the service in the Member
States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No
1348/2000[1]. Consequently, the Member States cannot conclude
the Hague Service Convention without being authorized to do so.
24 Member States had acceded to the Hague Service Convention before the adoption
of EU legislation. The remaining Member States which have to be authorised to
accede to the convention are Austria and Malta[2].

The Commission therefore proposes that the
Council authorizes Austria and Malta to accede to the Hague Service Convention in the interest of the European Union. The Convention does not have a clause allowing the EU itself to
accede. 
1.2.        Importance
of accession to the Hague Service Convention 
The
Hague Service Convention, improving the transmission of judicial and
extrajudicial documents abroad is particularly important for the European Union
and its Member States because it facilitates judicial
cooperation in cross-border litigation in relations with the third states,
parties to the Convention. The Convention is broadly
ratified, counting 67 Contracting States at the moment.
Austria and Malta have expressed their
interest in acceding to the Hague Service Convention.
Their
accession to the Convention would correspond with the policy commitment of
acceding to the instruments of the Hague Conference on Private International
Law, where there is an EU interest, undertaken by the EU when it became a
member of the Hague Conference in 2007.
Furthermore,
the EU in its external relations has been promoting the accession of third
countries to the Hague Service Convention as an efficient and reliable system
for the service of judicial and extrajudicial documents. It would be consistent
with this approach that all the Member States of the EU itself are Contracting
States to the Convention.
2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS
In the relevant working party in the
Council Austria and Malta have confirmed their interest in acceding to the Hague Service Convention. The Permanent Bureau of the Hague Conference on Private
International Law has conveyed interest of third countries Party to the
Convention to extend it to all EU Member States. 
3.           LEGAL ELEMENTS OF THE PROPOSAL
3.1.        Competence
of the EU with respect to the Hague Service Convention
In
accordance with Article 3(2) of the Treaty on the Functioning of the European
Union and the case law[3]
of the European Court of Justice, the matter of service of judicial and
extrajudicial documents falls into the exclusive external competence of the
European Union, because of the adoption of internal Union legislation by means of
Regulation (EC) No 1393/2007 on the service in the Member
States of judicial and extrajudicial documents in civil or commercial matters. The Member States therefore no longer have the right to contract
obligations with third countries which affect these rules. 
In
particular, Article 3(2) TFEU provides that the Union has exclusive competence
for the conclusion of an international agreement in so far as its conclusion
may affect common rules or alter their scope. Under this rule, in accordance
with the case law, an agreement falls within the EU's exclusive competence when
it can be demonstrated that the subject matter of the agreement falls within
the scope of internal common rules, or within an area already largely covered
by such rules, or rules have been adopted in areas falling outside common
policies and, in particular, in areas where there are harmonising measures,
regardless of whether there is or is not a contradiction between those common
rules and the agreement.
Regulation
(EC) No 1393/2007 applies to civil and commercial matters
when it is necessary to transmit judicial or extrajudicial documents for
service from one Member State to another. Agencies designated by the Member
States are responsible for transmitting and receiving documents. The Regulation sets up a system that reflects the one provided for by the Hague Service Convention, therefore the subject matter of the Hague Service Convention
clearly falls within the scope of the EU internal legislation. Consequently,
the European Union has exclusive competence over the Hague Service Convention.
Furthermore,
the Union has already exercised its external competence in the matter of
service of documents by concluding international agreement with Denmark on the service of documents[4].

3.2.        Authorization
of the Member States
Since
the Hague Service Convention has no Regional Economic Organization clause, it
is not possible for the European Union to become a Contracting Party to the
Convention. It is therefore necessary for the Union to exercise its powers
through its Member States and thus authorise the Member States concerned to
accede to the Hague Service Convention in the interest of the Union. There are
several precedents in the area of civil justice, the most recent one is
evidenced by the Council Decision 2008/431/EC authorising
certain Member States to ratify, or accede to, in the interest of the European
Community, the 1996 Hague Convention on Jurisdiction, Applicable Law,
Recognition, Enforcement and Cooperation in respect of Parental Responsibility
and Measures for the Protection of Children and authorising certain Member
States to make a declaration on the application of the relevant internal rules
of Community law[5].
The
Hague Service Convention provides for a possibility for the Contracting States
to make declarations with regard to a number of its provisions, e.g. Article
8(2), Article 10, Article 15(2), Article 16(3). The EU Member States,
Contracting States to the Convention, entered various declarations. The
situation is not uniform: e. g. a number of Member States entered declaration
on Article 8(2) granting diplomatic and consular agents the power to serve
documents on their own national only, while some others opposed only to methods
of transmission provided in Article 10. Declarations pursuant to Article 16(3)
providing for application for relief are different e.g. as concerns the time
limit to fill the application. Against this backdrop, it is not reasonable to require
the Member States concerned to make uniform declaration(s), if any. In
conclusion, the Member States concerned should, when acceding to the
Convention, make all appropriate declarations allowed under its provisions that
they deem necessary. The text of such declarations should be attached to the
Council decision though.
2013/0177 (NLE)
Proposal for a
COUNCIL DECISION
authorizing Austria and Malta to accede to
the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and
Extrajudicial Documents in Civil or Commercial Matters in the interest of the
European Union
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 81(2) and 218(6)(a)
thereof,
Having regard to the proposal from the
European Commission,
Having regard to the consent of the
European Parliament[6],

Whereas:
(1)       The Hague Convention of 15
November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in
Civil or Commercial Matters (hereinafter referred to as the "Hague Service
Convention") simplifies methods of transmission of judicial and
extrajudicial documents between the Contracting States. It thus facilitates judicial cooperation in
cross-border civil and commercial litigation. The Hague
Service Convention has been broadly ratified globally. Promotion of the
accession by third states to the Hague Service Convention is a part of the EU
external policy in the area of civil justice.
(2)       The European Union has
exclusive external competence with regard to the Hague Service Convention
insofar as its provisions affect the rules laid down in Regulation (EC) No
1393/2007 of the European Parliament and the Council of 13 November 2007 on the
service in the Member States of judicial and extrajudicial documents in civil
or commercial matters (service of documents), and repealing Council Regulation
(EC) No 1348/2000[7].
(3)       The Hague Service
Convention is not open to participation by regional organizations. As a result,
the European Union is not in a position to accede to the Convention. 
(4)       Given that the Hague
Service Convention is important for the European Union interests, the Council
should authorize the Member States which had not concluded the Hague Service
Convention before adoption of the Union measures to accede to the Convention in
the interest of the European Union, subject to the conditions laid down in this
Decision. The Member States to which this decision is addressed are Austria and Malta. 
(5)       The
Hague Service Convention provides for a possibility for the Contracting States
to make declarations with regard to a number of its provisions. Accordingly, Austria and Malta should, when acceding to the Convention, make all appropriate declarations allowed
under its provisions that they deem necessary. The text of such declarations
should be attached to this Decision. 
(6)       The United Kingdom and
Ireland are bound by Regulation (EC) No 1393/2007 of the European Parliament
and of the Council on the service in the Member States of judicial and
extrajudicial documents in civil or commercial matters (service of documents),
and repealing Council Regulation (EC) No 1348/2000[8] and are
therefore taking part in the adoption of this Decision.
(7)       In accordance with
Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the
Treaty on European Union and to the Treaty on the Functioning of the European
Union, Denmark is not taking part in the adoption of this Decision and is not
bound by it or subject to its application,
HAS ADOPTED THIS DECISION: 
Article 1
1. Without prejudice to the European Union’s
powers, Austria and Malta shall accede to the Hague
Convention of 15 November 1965 on the Service Abroad of Judicial and
Extrajudicial Documents in Civil or Commercial Matters in
the interest of the European Union.
2.
The text of the Hague Service Convention is attached to this Decision as Annex
I.
Article 2
1. When acceding to the Hague Service Convention, Austria and Malta shall make the appropriate declarations allowed under the
provisions of the Convention. 
2. The text of the declarations is attached to
this Decision as Annex II.
Article 3
1. Member States concerned shall take the
necessary steps to deposit their instruments of accession to the Hague Service
Convention within a reasonable time and, if possible, before 31 December 2014.
2. Member
States concerned shall inform the Council and the Commission, before 1 July
2014, of the prospective date of conclusion of their accession procedures.
Article 4
This Decision shall enter into force on the
day following that of its publication in the Official Journal of the
European Union.
Article 5
When acceding to the Hague Service Convention, Austria and Malta shall inform the Permanent Bureau of
  the Hague Conference on Private International Law in writing that accession
has taken place in accordance with this Decision.
Article 6
This Decision
is addressed to Austria and Malta in accordance with the Treaties.
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
ANNEX I
CONVENTION ON THE SERVICE ABROAD OF
JUDICIAL AND EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS
(Concluded 15 November 1965)
The
States signatory to the present Convention,
Desiring
to create appropriate means to ensure that judicial and extrajudicial documents
to be served abroad shall be brought to the notice of the addressee in
sufficient time,
Desiring
to improve the organisation of mutual judicial assistance for that purpose by
simplifying and expediting the procedure,
Have
resolved to conclude a Convention to this effect and have agreed upon the
following provisions:
Article 1
The
present Convention shall apply in all cases, in civil or commercial matters,
where there is occasion to transmit a judicial or extrajudicial document for
service abroad.
This
Convention shall not apply where the address of the person to be served with
the document is not known.
CHAPTER I – JUDICIAL DOCUMENTS
Article 2
Each
  Contracting State shall designate a Central Authority which will undertake to
receive requests for service coming from other Contracting States and to
proceed in conformity with the provisions of Articles 3 to 6.
Each
State shall organise the Central Authority in conformity with its own law.
Article 3
The
authority or judicial officer competent under the law of the State in which the
documents originate shall forward to the Central Authority of the State
addressed a request conforming to the model annexed to the present Convention,
without any requirement of legalisation or other equivalent formality.
The
document to be served or a copy thereof shall be annexed to the request. The
request and the document shall both be furnished in duplicate.
Article 4
If
the Central Authority considers that the request does not comply with the
provisions of the present Convention it shall promptly inform the applicant and
specify its objections to the request.
Article 5
The
Central Authority of the State addressed shall itself serve the document or
shall arrange to have it served by an appropriate agency, either –
a)
by a method prescribed by its internal law for the service of documents in
domestic actions upon persons who are within its territory, or
b)
by a particular method requested by the applicant, unless such a method is
incompatible with the law of the State addressed.
Subject
to sub-paragraph (b) of the first paragraph of this Article, the document may
always be served by delivery to an addressee who accepts it voluntarily.
If
the document is to be served under the first paragraph above, the Central
Authority may require the document to be written in, or translated into, the
official language or one of the official languages of the State addressed.
That
part of the request, in the form attached to the present Convention, which
contains a summary of the document to be served, shall be served with the
document.
Article 6
The
Central Authority of the State addressed or any authority which it may have
designated for that purpose, shall complete a certificate in the form of the
model annexed to the present Convention.
The
certificate shall state that the document has been served and shall include the
method, the place and the date of service and the person to whom the document
was delivered. If the document has not been served, the certificate shall set
out the reasons which have prevented service.
The
applicant may require that a certificate not completed by a Central Authority
or by a judicial authority shall be countersigned by one of these authorities.
The
certificate shall be forwarded directly to the applicant.
Article 7
The
standard terms in the model annexed to the present Convention shall in all
cases be written either in French or in English. They may also be written in
the official language, or in one of the official languages, of the State in
which the documents originate.
The
corresponding blanks shall be completed either in the language of the State
addressed or in French or in English.
Article 8
Each
  Contracting State shall be free to effect service of judicial documents upon
persons abroad, without application of any compulsion, directly through its
diplomatic or consular agents.
Any
State may declare that it is opposed to such service within its territory,
unless the document is to be served upon a national of the State in which the
documents originate.
Article 9
Each
 Contracting State shall be free, in addition, to use consular channels to
forward documents, for the purpose of service, to those authorities of another Contracting   State which are designated by the latter for this purpose.
Each
  Contracting State may, if exceptional circumstances so require, use
diplomatic channels for the same purpose.
Article 10
Provided
the State of destination does not object, the present Convention shall not
interfere with –
a)
the freedom to send judicial documents, by postal channels, directly to persons
abroad,
b)
the freedom of judicial officers, officials or other competent persons of the
State of origin to effect service of judicial documents directly through the
judicial officers, officials or other competent persons of the State of
destination,
c)
the freedom of any person interested in a judicial proceeding to effect service
of judicial documents directly through the judicial officers, officials or
other competent persons of the State of destination.
Article 11
The
present Convention shall not prevent two or more Contracting States from
agreeing to permit, for the purpose of service of judicial documents, channels
of transmission other than those provided for in the preceding Articles and, in
particular, direct communication between their respective authorities.
Article 12
The
service of judicial documents coming from a Contracting State shall not give
rise to any payment or reimbursement of taxes or costs for the services
rendered by the State addressed.
The
applicant shall pay or reimburse the costs occasioned by –-
a)
the employment of a judicial officer or of a person competent under the law of
the State of destination,
b)
the use of a particular method of service.
Article 13
Where
a request for service complies with the terms of the present Convention, the
State addressed may refuse to comply therewith only if it deems that compliance
would infringe its sovereignty or security.
It
may not refuse to comply solely on the ground that, under its internal law, it
claims exclusive jurisdiction over the subject-matter of the action or that its
internal law would not permit the action upon which the application is based.
The
Central Authority shall, in case of refusal, promptly inform the applicant and
state the reasons for the refusal.
Article 14
Difficulties
which may arise in connection with the transmission of judicial documents for
service shall be settled through diplomatic channels.
Article 15
Where
a writ of summons or an equivalent document had to be transmitted abroad for
the purpose of service, under the provisions of the present Convention, and the
defendant has not appeared, judgment shall not be given until it is established
that –
a)
the document was served by a method prescribed by the internal law of the State
addressed for the service of documents in domestic actions upon persons who are
within its territory, or
b)
the document was actually delivered to the defendant or to his residence by
another method provided for by this Convention,
and
that in either of these cases the service or the delivery was effected in
sufficient time to enable the defendant to defend.
Each
  Contracting State shall be free to declare that the judge, notwithstanding
the provisions of the first paragraph of this Article, may give judgment even
if no certificate of service or delivery has been received, if all the
following conditions are fulfilled –
a)
the document was transmitted by one of the methods provided for in this Convention,
b)
a period of time of not less than six months, considered adequate by the judge
in the particular case, has elapsed since the date of the transmission of the
document,
c)
no certificate of any kind has been received, even though every reasonable effort
has been made to obtain it through the competent authorities of the State
addressed.
Notwithstanding
the provisions of the preceding paragraphs the judge may order, in case of
urgency, any provisional or protective measures.
Article 16
When
a writ of summons or an equivalent document had to be transmitted abroad for
the purpose of service, under the provisions of the present Convention, and a
judgment has been entered against a defendant who has not appeared, the judge
shall have the power to relieve the defendant from the effects of the
expiration of the time for appeal from the judgment if the following conditions
are fulfilled –
a)
the defendant, without any fault on his part, did not have knowledge of the
document in sufficient time to defend, or knowledge of the judgment in
sufficient time to appeal, and
b)
the defendant has disclosed a prima facie defence to the action on the merits.
An
application for relief may be filed only within a reasonable time after the
defendant has knowledge of the judgment.
Each
Contracting State may declare that the application will not be entertained if
it is filed after the expiration of a time to be stated in the declaration, but
which shall in no case be less than one year following the date of the
judgment.
This
Article shall not apply to judgments concerning status or capacity of persons.
CHAPTER II – EXTRAJUDICIAL DOCUMENTS
Article 17
Extrajudicial
documents emanating from authorities and judicial officers of a Contracting State may be transmitted for the purpose of service in another Contracting State by the methods and under the provisions of the present Convention.
CHAPTER III – GENERAL CLAUSES
Article 18
Each
  Contracting State may designate other authorities in addition to the Central
Authority and shall determine the extent of their competence.
The
applicant shall, however, in all cases, have the right to address a request
directly to the Central Authority.
Federal
States shall be free to designate more than one Central Authority.
Article 19
To
the extent that the internal law of a Contracting State permits methods of
transmission, other than those provided for in the preceding Articles, of
documents coming from abroad, for service within its territory, the present
Convention shall not affect such provisions.
Article 20
The
present Convention shall not prevent an agreement between any two or more
Contracting States to dispense with –
a)
the necessity for duplicate copies of transmitted documents as required by the
second paragraph of Article 3,
b)
the language requirements of the third paragraph of Article 5 and Article 7,
c)
the provisions of the fourth paragraph of Article 5,
d)
the provisions of the second paragraph of Article 12.
Article 21
Each
 Contracting State shall, at the time of the deposit of its instrument of
ratification or accession, or at a later date, inform the Ministry of Foreign
Affairs of the Netherlands of the following –
a)
the designation of authorities, pursuant to Articles 2 and 18,
b)
the designation of the authority competent to complete the certificate pursuant
to Article 6,
c)
the designation of the authority competent to receive documents transmitted by
consular channels, pursuant to Article 9.
Each
  Contracting State shall similarly inform the Ministry, where appropriate, of
–
a)
opposition to the use of methods of transmission pursuant to Articles 8 and 10,
b)
declarations pursuant to the second paragraph of Article 15 and the third
paragraph of Article 16,
c)
all modifications of the above designations, oppositions and declarations.
Article 22
Where
Parties to the present Convention are also Parties to one or both of the
Conventions on civil procedure signed at The Hague on 17th July 1905, and on
1st March 1954, this Convention shall replace as between them Articles 1 to 7
of the earlier Conventions.
Article 23
The
present Convention shall not affect the application of Article 23 of the
Convention on civil procedure signed at The Hague on 17th July 1905, or of Article 24 of the Convention on civil procedure signed at The Hague on 1st March 1954.
These
Articles shall, however, apply only if methods of communication, identical to
those provided for in these Conventions, are used.
Article 24
Supplementary
agreements between Parties to the Conventions of 1905 and 1954 shall be
considered as equally applicable to the present Convention, unless the Parties
have otherwise agreed.
Article 25
Without
prejudice to the provisions of Articles 22 and 24, the present Convention shall
not derogate from Conventions containing provisions on the matters governed by
this Convention to which the Contracting States are, or shall become, Parties.
Article 26
The
present Convention shall be open for signature by the States represented at the
Tenth Session of the Hague Conference on Private International Law.
It
shall be ratified, and the instruments of ratification shall be deposited with
the Ministry of Foreign Affairs of the Netherlands.
Article 27
The
present Convention shall enter into force on the sixtieth day after the deposit
of the third instrument of ratification referred to in the second paragraph of
Article 26.
The
Convention shall enter into force for each signatory State which ratifies
subsequently on the sixtieth day after the deposit of its instrument of
ratification.
Article 28
Any
State not represented at the Tenth Session of the Hague Conference on Private
International Law may accede to the present Convention after it has entered
into force in accordance with the first paragraph of Article 27. The instrument
of accession shall be deposited with the Ministry of Foreign Affairs of the Netherlands.
The
Convention shall enter into force for such a State in the absence of any
objection from a State, which has ratified the Convention before such deposit,
notified to the Ministry of Foreign Affairs of the Netherlands within a period
of six months after the date on which the said Ministry has notified it of such
accession.
In
the absence of any such objection, the Convention shall enter into force for
the acceding State on the first day of the month following the expiration of
the last of the periods referred to in the preceding paragraph.
Article 29
Any
State may, at the time of signature, ratification or accession, declare that
the present Convention shall extend to all the territories for the
international relations of which it is responsible, or to one or more of them.
Such a declaration shall take effect on the date of entry into force of the
Convention for the State concerned.
At
any time thereafter, such extensions shall be notified to the Ministry of Foreign
Affairs of the Netherlands.
The
Convention shall enter into force for the territories mentioned in such an
extension on the sixtieth day after the notification referred to in the
preceding paragraph.
Article 30
The
present Convention shall remain in force for five years from the date of its
entry into force in accordance with the first paragraph of Article 27, even for
States which have ratified it or acceded to it subsequently.
If
there has been no denunciation, it shall be renewed tacitly every five years.
Any
denunciation shall be notified to the Ministry of Foreign Affairs of the Netherlands at least six months before the end of the five year period.
It
may be limited to certain of the territories to which the Convention applies.
The
denunciation shall have effect only as regards the State which has notified it.
The Convention shall remain in force for the other Contracting States.
Article 31
The
Ministry of Foreign Affairs of the Netherlands shall give notice to the States
referred to in Article 26, and to the States which have acceded in accordance
with Article 28, of the following –
a)
the signatures and ratifications referred to in Article 26;
b)
the date on which the present Convention enters into force in accordance with
the first paragraph of Article 27;
c)
the accessions referred to in Article 28 and the dates on which they take
effect;
d)
the extensions referred to in Article 29 and the dates on which they take
effect;
e)
the designations, oppositions and declarations referred to in Article 21;
f)
the denunciations referred to in the third paragraph of Article 30.
In
witness whereof the undersigned, being duly authorised thereto, have signed the
present Convention.
Done
at The Hague, on the 15th day of November, 1965, in the English and French
languages, both texts being equally authentic, in a single copy which shall be
deposited in the archives of the Government of the Netherlands, and of which a
certified copy shall be sent, through the diplomatic channel, to each of the
States represented at the Tenth Session of the Hague Conference on Private
International Law. 
ANNEX II
Declarations of the Member States to be made
Austria makes the
following declarations:
( … )
and
Malta makes the
following declarations:
Pursuant to Article 8 of the Convention, the
Government of Malta declares, that it is opposed to service of documents within
the territory of Malta effected directly through the diplomatic or consular
agents of other Contracting States, in accordance with the first paragraph of
the said Article 8, other than upon the national of the Contracting State effecting such service.

Pursuant to Article 10 of the Convention, the Government of Malta declares,
that it is opposed to the use by other Contracting States of any of the methods
of transmission and service of documents mentioned in the said Article 10
within its territory. 
[1]               Regulation (EC) No 1393/2007 of the European
Parliament and of the Council of 13 November 2007 on the service in the Member
States of judicial and extrajudicial documents in civil or commercial matters
(service of documents), and repealing Council Regulation (EC) No 1348/2000, OJ
L 324, 10.12.2007, p. 79.
[2]               Malta has already deposited its instrument of accession
without being authorised and the Commission has taken necessary measures. Following accession, on 1 August 2012, Malta made following declaration: "Malta declares
that its accession to the Convention will only take effect upon the completion
of procedures relating to the said accession within the European Union and, in
particular, the adoption of a Council Decision authorizing Malta to accede to this Convention. Once this adoption takes place, Malta will notify the depositary of the date when the said Convention will become applicable to Malta" (declaration published at the website of the Hague
Conference on Private International Law
http://www.hcch.net/index_en.php?act=status.comment&csid=1101&disp=eif).
[3]               Opinion 1/03 of the Court of 7 February 2006 on the
competence of the Community to conclude the new Lugano Convention on
Jurisdiction and the Recognition and Enforcement of Judgments in Civil and
Commercial Matters, European Court reports 2006 Page I-01145.
[4]               Agreement between the
European Community and the Kingdom of Denmark on jurisdiction and the
recognition and enforcement of judgments in civil and commercial matters, OJ L
299, 16 11 2005, p. 62.
[5]               OJ L 151, 11.06.2008, p. 36.
[6]               OJ C , , p. .
[7]               OJ L 324, 10.12.2007, p. 79.
[8]               OJ L 324,
10.12.2007, p. 79.