Keywords
Summary

Keywords

1 . CONVENTION OF 27 SEPTEMBER 1968 - CONCEPTS AND LEGAL CLASSIFICATIONS LAID DOWN BY THE COURT - UNIFORM APPLICATION IN THE MEMBER STATES

2 . CONVENTION OF 27 SEPTEMBER 1968 - JUDGMENTS EXCLUDED FROM THE SCOPE OF THE LATTER - BILATERAL AGREEMENTS - APPLICATION - EXCLUSIVE JURISDICTION OF NATIONAL COURT

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 55 , FIRST PARAGRAPH OF ARTICLE 56 , PROTOCOL ON THE INTERPRETATION BY THE COURT OF JUSTICE OF THE CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 1 )

Summary

1 . THE PRINCIPLE OF LEGAL CERTAINTY IN THE COMMUNITY LEGAL SYSTEM AND THE OBJECTIVES OF THE BRUSSELS CONVENTION IN ACCORDANCE WITH ARTICLE 220 OF THE EEC TREATY , WHICH IS AT ITS ORIGIN , REQUIRE IN ALL MEMBER STATES A UNIFORM APPLICATION OF THE LEGAL CONCEPTS AND LEGAL CLASSIFICATIONS DEVELOPED BY THE COURT IN THE CONTEXT OF THE BRUSSELS CONVENTION .

2 . A NATIONAL COURT MUST NOT APPLY THE BRUSSELS CONVENTION SO AS TO RECOGNIZE OR ENFORCE JUDGMENTS WHICH ARE EXCLUDED FROM ITS SCOPE AS DETERMINED BY THE COURT OF JUSTICE . ON THE OTHER HAND , IT IS NOT PREVENTED FROM APPLYING TO THE SAME JUDGMENTS ONE OF THE SPECIAL AGREEMENTS REFERRED TO IN ARTICLE 55 OF THE BRUSSELS CONVENTION , WHICH MAY CONTAIN RULES FOR THE RECOGNITION AND ENFORCEMENT OF SUCH JUDGMENTS . AS THE FIRST PARAGRAPH OF ARTICLE 56 OF THE BRUSSELS CONVENTION RECOGNIZES , THESE AGREEMENTS CONTINUE TO HAVE EFFECT IN RELATION TO JUDGMENTS TO WHICH THE BRUSSELS CONVENTION DOES NOT APPLY . SINCE ARTICLE 1 OF THE PROTOCOL OF 3 JUNE 1971 GIVES THE COURT JURISDICTION TO INTERPRET ONLY THE BRUSSELS CONVENTION AND THE PROTOCOL , IT IS SOLELY FOR THE NATIONAL COURTS TO JUDGE THE SCOPE OF THE ABOVEMENTIONED AGREEMENTS IN RELATION TO JUDGMENTS TO WHICH THE BRUSSELS CONVENTION DOES NOT APPLY . THIS MAY LEAD TO THE SAME EXPRESSION IN THE BRUSSELS CONVENTION AND IN A BILATERAL AGREE- MENT BEING INTERPRETED DIFFERENTLY .