CELEX: 41971A0603(02)
Language: en
Date: 1971-06-03 00:00:00
Title: Protocol concerning the interpretation by the Court of Justice of the convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters - signed in Luxembourg on 3 June 1971 - Consolidated version CF 498Y0126(02)

Avis juridique important

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41971A0603(02)

Protocol concerning the interpretation by the Court of Justice of the convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters - signed in Luxembourg on 3 June 1971 - Consolidated version CF 498Y0126(02)  /* Unofficial translation */  

Official Journal L 204 , 02/08/1975 P. 0028 - 0031 Spanish special edition: Chapter 01 Volume 2 P. 0028  Portuguese special edition Chapter 01 Volume 2 P. 0028 

 PROTOCOL    concerning the interpretation by the Court of Justice of   the convention of 27 September 1968 on jurisdiction and the   enforcement of judgments in civil and commercial matters   ( 1 ) ( 2 )    ( 75/464/EEC )    THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE   EUROPEAN ECONOMIC COMMUNITY ,    HAVING REGARD to the declaration annexed to the convention   on jurisdiction and the enforcement of judgments in civil and   commercial matters signed at Brussels on 27 September 1968 ,    HAVE DECIDED to conclude a Protocol bestowing powers on the   Court of Justice of the European Communities to interpret the   said convention and to this end have designated as   plenipotentiaries :    HIS MAJESTY THE KING OF THE BELGIANS :    Mr Alfons VRANCKX ,    Minister of Justice ;    THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY :    Mr Gerhard JAHN ,    Federal Minister of Justice ;    THE PRESIDENT OF THE FRENCH REPUBLIC :    Mr René PLEVEN ,    Keeper of the Seals ,    Minister of Justice ;    THE PRESIDENT OF THE ITALIAN REPUBLIC :    Mr Erminio PENNACCHINI ,    Deputy State Secretary ,    Ministry of Justice and Pardons ;    HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG :    Mr Eugène SCHAUS ,    Minister of Justice ,    Deputy Prime Minister ;    HER MAJESTY THE QUEEN OF THE NETHERLANDS :    Mr C.H.F. POLAK ,    Minister of Justice ;    WHO , being met within the Council , having exchanged their   full powers , found in good and due form ,    HAVE AGREED UPON THE FOLLOWING PROVISIONS :    Article 1    The Court of Justice of the European Communities shall have   jurisdiction to give preliminary rulings concerning the   interpretation of the convention on jurisdiction and the   enforcement of judgments in civil and commercial matters and   the Protocol annexed to that convention , signed at Brussels   on 27 September 1968 , and concerning the interpretation of   this Protocol .    Article 2    The following courts and tribunals shall have the power to   ask the Court of Justice to give preliminary rulings on   questions of interpretation :    1 . in Belgium : la Cour de Cassation - het Hof van   Cassatie and le Conseil d ' État - de Raad van State ,    in the Federal Republic of Germany : die obersten   Gerichtshoefe des Bundes ,    in France : la Cour de Cassation and le Conseil d ' État ,    in Italy : la Corte Suprema di Cassazione ,    in Luxembourg : la Cour supérieure de Justice , when   sitting as Supreme Court of Appeal ,    in the Netherlands : de Hoge Raad ;    2 . the courts and tribunals of the Contracting States when   they are hearing appeals ;    3 . in the cases provided for in Article 37 of the   convention , the courts and tribunals mentioned in the said   article .    Article 3    1 . Where a question relating to the interpretation of the   convention and the other texts mentioned in Article 1 is   raised in a case pending before a court or tribunal indicated   in Article 2 ( 1 ) , that court or tribunal shall , if it   considers that a decision on the question is necessary to   enable it to give judgment , be bound to request the Court of   Justice to give a ruling thereon .    2 . Where such a question is raised before any court or   tribunal indicated in Article 2 ( 2 ) and ( 3 ) , that court   or tribunal may , in the circumstances specified in paragraph   1 , request the Court of Justice to give a ruling .    Article 4    1 . The competent authority of a Contracting State may ask   the Court of Justice to give a ruling on a question of   interpretation of the convention and of the other texts   mentioned in Article 1 if decisions made by courts or   tribunals of that State are in conflict with the   interpretation given either by the Court of Justice or by a   decision of a court or tribunal of another Contracting State   mentioned in Article 2 ( 1 ) and ( 2 ) . The provisions of   this paragraph shall apply only to judgments at law .    2 . The interpretation given by the Court of Justice   following such a request shall not affect the decisions in   respect of which the interpretation was requested .    3 . The Attorney-Generals at the Supreme Courts of Appeal   of the Contracting States or any other authorities designated   by a Contracting State shall be empowered to lay before the   Court of Justice a request for interpretation in conformity   with paragraph 1 .    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 which , within   a period of two months as from this notice , may submit   briefs or written observations to the Court .    5 . The procedure provided for in this Article shall not   involve either the levying or reimbursement of costs or   expenses .    Article 5    1 . Except where this Procotol provides otherwise , 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 required to give a preliminary ruling , shall   apply also to the procedure for the interpretation of the   convention and the other texts mentioned in Article 1 .    2 . The Rules of Procedure of the Court of Justice shall be   adapted and supplemented , as necessary , in conformity with   Article 188 of the Treaty establishing the European Economic   Community .    Article 6    This Protocol shall apply to the European territory of the   Contracting States , to the French overseas departments and   to the French overseas territories .    The Kingdom of the Netherlands may , at the time of signing   or of ratifying this Protocol , or at any time subsequently ,   by notifying the Secretary-General of the Council of the   European Communities , declare that this Protocol shall apply   to Surinam and to the Netherlands Antilles .    Article 7    This Protocol shall be ratified by the signatory States .   The instruments of ratification shall be deposited with the   Secretary-General of the Council of the European   Communities .    Article 8    This Protocol shall come into force on the first day of the   third month following the deposit of the instrument of   ratification of the last signatory State to complete this   formality . However , its entry into force shall occur at the   earliest at the same time as that of the convention of 27   September 1968 on jurisdiction and the enforcement of   judgments in civil and commercial matters .    Article 9    The Contracting States recognize that any State which   becomes a member of the European Economic Community and to   which Article 63 of the convention on jurisdiction and the   enforcement of judgments in civil and commercial matters   applies , must accept the provisions of this Protocol ,   subject to such adaptations as may be required .    Article 10    The Secretary-General of the Council of the European   Communities shall notify the signatory States of :    ( a ) the deposit of any instrument of ratification ;    ( b ) the date of entry into force of this Protocol ;    ( c ) the declarations received pursuant to Article 4   ( 3 ) ;    ( d ) the declarations received pursuant to Article 6   ( 2 ) .    Article 11    The Contracting States shall communicate to the   Secretary-General of the Council of the European Communities   the texts of those of their legislative provisions which will   require that an amendment be made to the list of courts and   tribunals specified in Article 2 ( 1 ) .    Article 12    This Protocol shall be concluded for an unlimited period .    Article 13    Each Contracting State may ask for this Protocol to be   revised . In that event , a revision conference shall be   convened by the President of the Council of the European   Communities .    Article 14    This Protocol , drawn up in a single original in the   German , French , Italian and Dutch languages , all four   texts being equally authentic , shall be deposited in the   archives of the Secretariat of the Council of the European   Communities . The Secretary-General shall transmit a   certified copy to the Government of each of the signatory   States .    In witness whereof , the undersigned plenipotentiaries have   affixed their signatures below this Protocol    Done at Luxembourg on the third day of June in the year one   thousand nine hundred and seventy-one    ( 1 ) Following its ratification by the Contracting States   ( Belgium , Federal Republic of Germany , France , Italy ,   Grand Duchy of Luxembourg , Netherlands ) and in accordance   with Article 8 thereof , the Protocol will enter into force   for these States on 1 September 1975 .    ( 2 ) Only the French , German , Italian and Dutch texts of   the Protocol are authentic . The versions in the other   official languages of the Communities are at the moment   simply translations and not authentic .    Authentic texts of the Protocol in these languages will be   drawn up on conclusion of the discussions now under way   concerning 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 .