The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1990

However, as between the six Contracting States to the 1968 Convention, judgments given after the date of entry into force of this Convention, in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III of the 1968 Convention as amended.

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Moreover, as between the six Contracting States to the 1968 Convention and the three States mentioned in Article 1 of this Convention, and as between those three States, 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 also be recognised and enforced in accordance with the provisions of Title III of the 1968 Convention as amended if jurisdiction was founded upon rules which accorded with the provisions of Title II, as amended, or with provisions of a convention concluded between the State of origin and the State addressed which was in force when the proceedings were instituted.

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TITLE VI — FINAL PROVISIONS

The Secretary-General of the Council of the European Communities shall transmit a certified copy of the 1968 Convention and of the 1971 Protocol in the Dutch, French, German and Italian languages to the Governments of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland.

The texts of the 1968 Convention and the 1971 Protocol, drawn up in the Danish, English and Irish languages, shall be annexed to this Convention. The texts drawn up in the Danish, English and Irish languages shall be authentic under the same conditions as the original texts of the 1968 Convention and the 1971 Protocol.

This Convention 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.

This Convention shall enter into force, as between the States which shall have ratified it, on the first day of the third month following the deposit of the last instrument of ratification by the original Member States of the Community and one new Member State.

It shall enter into force for each new Member State which subsequently ratifies it on the first day of the third month following the deposit of its instrument of ratification.

The Secretary-General of the Council of the European Communities shall notify the signatory States of—

• (a) the deposit of each instrument of ratification;

• (b) the dates of entry into force of this Convention for the Contracting States.

This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Irish and Italian languages, all seven 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 signatory State.

SCHEDULE 4

Signed

G. I. de Deney — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order amends 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 Kingdom of Spain and the Portuguese 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 the Protocol are set out in Schedules 1 and 2 respectively. Further, two transitional provisions in the 1978 Accession Convention have been revoked, and the amended text is set out in Schedule 3.

The 1968 Convention (the Brussels 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 25th October 1982. The necessary amendments to the Civil Jurisdiction and Judgments Act 1982 were effected by S.I. 1989/1346 and are now in force. The Convention on the accession of the two remaining States, Spain and Portugal, was signed on 26th May 1989. By Article 32 of the Accession Convention, it enters into force following ratification by two signatory States, of which one must be Spain or Portugal. In a Joint Declaration the Member States declared themselves ready to take every appropriate measure with a view to ensuring that national procedures for the ratification of the Convention on the accession of Spain and Portugal are completed, at the latest, by 31st December 1992.

In the context of the accession of Spain and Portugal certain modifications have been incorporated into the text of the Brussels Convention in the light of experience of its operation in practice. These modifications are reflected in the revised text of Articles 5, 6, 16, 17, 21, 31, 50, 52, 54, 54A, 57, 58, 60 and 64. The most significant of these changes are those affecting the rules on jurisdiction in Articles 5, 6 and 16, relating to contracts of employment, matters relating to a contract where the action may be combined with an action relating to rights in rem , and proceedings having as their object tenancies of immovable property for temporary private use. These modifications also serve to align the Brussels Convention with the EEC—EFTA Convention on jurisdiction and the enforcement of judgments in civil and commercial matters done at Lugano on 16th September 1988.

Footnotes

[^f00001]: OJ No. L 304, 30.10.1978, p.36.

[^f00002]: OJ No. L 304, 30.10.1978, p.50.

[^f00003]: OJ No. L 304, 30.10.1978, p.1.

[^f00004]: 1982 c. 27, as amended by S.I. 1989/1346.

[^f00005]: OJ No. L 285, 3.10.1989, p.1.

[^f00006]: OJ No. C. 189, 28.7.1990, p.35.