11997D/DCL

Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts - Declarations on Article K.7 of the Treaty on European Union as amended by the Treaty of Amsterdam

(97/C 340/05)

On the occasion of the signing of the Treaty of Amsterdam on 2 October 1997 the Italian Republic, the depositary of the Treaty, received, pursuant to Article K.7 of the Treaty on European Union as amended by the Treaty of Amsterdam, the following declarations:

'On the signing of the Treaty of Amsterdam the following Member States stated that they accepted the jurisdiction of the Court of Justice of the European Communities in accordance with the procedure laid down in Article K.7(2) and (3):

the Kingdom of Belgium, the Federal Republic of Germany, the Hellenic Republic, the Grand Duchy of Luxembourg and the Republic of Austria, in accordance with the procedure laid down in paragraph 3(b).

When making the above declaration, the Kingdom of Belgium, the Federal Republic of Germany, the Grand Duchy of Luxembourg and the Republic of Austria reserved the right to make provisions in their national law to the effect that, where a question relating to the validity or interpretation of an act referred to in Article K.7(1) is raised in a case pending before a national court or tribunal against whose decision there is no judicial remedy under national law, that court or tribunal will be required to refer the matter to the Court of Justice`.

In addition, the Kingdom of the Netherlands declared that the Netherlands would accept the jurisdiction of the Court of Justice of the European Communities as laid down in the aforementioned Article K.7; its government was still considering whether, under Article K.7(3), the option of bringing a matter before the Court could be granted to courts or tribunals other than those against whose decisions there is no remedy.