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Jurisdiction according to the EEC Convention on Jurisdiction and Judgments: Summary of the discussions on Jurisdiction according to the EEC Convention*

Published online by Cambridge University Press:  21 May 2009

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Extract

The market impact of the Convention on civil litigation in the six original Member States was a matter of concern with several speakers. It was stressed in particular that the mere solution of jurisdictional problems may require extensive research of substantive issues, which possibly could lead to litigation at three national levels. If the possibility of submitting preliminary questions under the 1971 Protocol to the EC Court at Luxemburg is also taken into account, five judgments could even be required to settle the question which court in the Common Market is competent. Although perhaps inspiring lawyers' intellectual efforts, this situation would unfortunately increase the litigation costs to the parties. Moreover, the final text of the EC Draft on the law applicable to contractual and non-contractual obligations is progressing and the EC Court will be charged with ensuring the uniform interpretation of this convention as well. One can imagine questions being put to the European Court in each of the three stages of a dispute, viz., the jurisdiction phase, the applicable law, and the enforcement in another Member State.

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Articles
Copyright
Copyright © T.M.C. Asser Press 1978

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References

1. The Accession Treaty was signed on 9 October 1978 by the nine Member States. The text has been published in OJEC L.304 of 30 October 1978; see for the explanatory report by Professor Peter Schlosser Document on recognition of judgments No. 131 (R/1657/78 (JUR 94) of 1 August 1978.

2. “Upon the termination of a concession of sale which concerns wholly or partially the Belgian territory, the aggrieved concessionnaire can cite in all cases the grantor of the concession in Belgium, whether before the court of his own domicile, or before the court of the domicile or seat of the grantor of the concession.”