The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1989

• Citation: S.I. 1989/1346
• Sections: 20

Section 1

This Order shall come into force on 1st October 1989 and may be cited as the Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1989.

Section 2

In this Order “ the Act ” means the Civil Jurisdiction and Judgments Act 1982.

Section 3

The following shall be inserted before the final item in section 1(1) of the Act–

“the 1982 Accession Convention ” means the Convention on the accession of the Hellenic Republic to the 1968 Convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, signed at Luxembourg on 25th October 1982;

Section 4

The following shall be substituted for the final item in section 1(1) of the Act–

“the Conventions” means the 1968 Convention, the 1971 Protocol, the Accession Convention and the 1982 Accession Convention.

Section 5

The following shall be substituted for section 1(2)(a) of the Act–

(a) references to, or to any provision of, the 1968 Convention or the 1971 Protocol are references to that Convention, Protocol or provision as amended by the Accession Convention and the 1982 Accession Convention; and

Section 6

The following shall be substituted for section 1(3) of the Act–

(3) In this Act “Contracting State” means–

(a) one of the original parties to the 1968 Convention (Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and The Netherlands); or

(b) one of the parties acceding to that Convention under the Accession Convention (Denmark, the Republic of Ireland and the United Kingdom), or under the 1982 Accession Convention (the Hellenic Republic),

being a state in respect of which the Accession Convention has entered into force in accordance with Article 39 of that Convention, or being a state in respect of which the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention, as the case might be.

Section 7

The following shall be substituted for section 2(2) of the Act–

(2) For convenience of reference there are set out in Schedules 1, 2, 3 and 3A respectively the English texts of–

(a) the 1968 Convention as amended by Titles II and III of the Accession Convention and by Titles II and III of the 1982 Accession Convention;

(b) the 1971 Protocol as amended by Title IV of the Accession Convention and by Title IV of the 1982 Accession Convention;

(c) Titles V and VI of the Accession Convention (transitional and final provisions); and

(d) Titles V and VI of the 1982 Accession Convention (transitional and final provisions),

being texts prepared from the authentic English texts referred to in Articles 37 and 41 of the Accession Convention and in Article 17 of the 1982 Accession Convention.

Section 8

The following shall be inserted after paragraph (b) of section 3(3) of the Act–

; and

(c) the report by Professor Demetrios I. Evrigenis and Professor K. D. Kerameus on the 1982 Accession Convention ,

Section 9

(1) The text set out in Schedule 1 to this Order shall be substituted for the text set out in Schedule 1 to the Act.

(2) The text set out in Schedule 2 to this Order shall be substituted for the text set out in Schedule 2 to the Act.

(3) The text set out in Schedule 3 to this Order shall be inserted after Schedule 3 to the Act.

Section 1 Article 3

Where a question of interpretation of the Convention or of one of the other instruments referred to in Article 1 is raised in a case pending before one of the courts listed in point 1 of Article 2, that court shall, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon.

Section 1 Article 4

The competent authority of a Contracting State may request the Court of Justice to give a ruling on a question of interpretation of the Convention or of one of the other instruments referred to in Article 1 if judgments given by courts of that State conflict with the interpretation given either by the Court of Justice or in a judgment of one of the courts of another Contracting State referred to in point 1 or 2 of Article 2. The provisions of this paragraph shall apply only to judgments and have become res judicata .

Section 1 Article 5

Except where this Protocol otherwise provides, 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 requested to give a preliminary ruling, shall also apply to any proceedings for the interpretation of the Convention and the other instruments referred to in Article 1.

Section 2 Article 3

Where such a question is raised before any court referred to in point 2 or 3 of Article 2, that court may, under the conditions laid down in paragraph 1, request the Court of Justice to give a ruling thereon.

Section 2 Article 4

The interpretation given by the Court of Justice in response to such a request shall not affect the judgments which gave rise to the request for interpretation.

Section 2 Article 5

The Rules of Procedure of the Court of Justice shall, if necessary, be adjusted and supplemented in accordance with Article 188 of the Treaty establishing the European Economic Community.

Section 3 Article 4

The Procurators-General of the Courts of Cassation of the Contracting States, or any other authority designated by a Contracting State, shall be entitled to request the Court of Justice for a ruling on interpretation in accordance wth paragraph 1.

Section 4 Article 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; they shall then be entitled within two months of the notification to submit statements of case or written observations to the Court.

Section 5 Article 4

No fees shall be levied or any costs or expenses awarded in respect of the proceedings provided for in this Article.

Section 1 Article 12

The 1968 Convention and the 1971 Protocol, as amended by the 1978 Convention and this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.

Section 2 Article 12

However, 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 be recognized and enforced in accordance with the provisions of Title III of the 1968 Convention, as amended by the 1978 Convention and this Convention, if jurisdiction was founded upon rules which accorded with the provisions of Title II of the 1968 Convention, as amended, or with the provisions of a convention which was in force between the State of origin and the State addressed when the proceedings were instituted.