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Contracts (Applicable Law) Act 1990

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SCHEDULE 3U.K. The Brussels Protocol

Commencement Information

I1Schedule 3 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

The High Contracting Parties to the Treaty establishing the European Economic Community,

Having regard to the Joint Declaration annexed to the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980,

Have decided to conclude a Protocol conferring jurisdiction on the Court of Justice of the European Communities to interpret that Convention, and to this end have designated as their Plenipotentiaries:

(Designation of plenipotentiaries)

Who, meeting within the Council of the European Communities, having exchanged their full powers, found in good and due form,

Have agreed as follows:

Article 1U.K.

The Court of Justice of the European Communities shall have jurisdiction to give rulings on the interpretation of—

(a)the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, hereinafter referred to as “the Rome Convention”;

(b)the Convention on accession to the Rome Convention by the States which have become Members of the European Communities since the date on which it was opened for signature;

(c)this Protocol.

Commencement Information

I2Schedule 3 wholly in force at 1.4.1991 see s. 7 and S.I.1991/707, art. 2

Article 2U.K.

Any of the courts referred to below may request the Court of Justice to give a preliminary ruling on a question raised in a case pending before it and concerning interpretation of the provisions contained in the instruments referred to in Article 1 if that court considers that a decision on the question is necessary to enable it to give judgment:

(a)– in Belgium:

la Cour de cassation (het Hof van Cassatie) and le Conseil d’Etat (de Raad van State),

  • – in Denmark:

    Højesteret,

  • – in the Federal Republic of Germany:

    die obersten Gerichtschöfe des Bundes,

  • – in Greece:

    taanþtata Aikasthria,

  • – in Spain:

    el Tribunal Supremo,

  • – in France:

    la Cour de cassation and le Conseil d’Etat,

  • – in Ireland:

    the Supreme Court,

  • – in Italy:

    la Corte suprema di cassazione and il Consiglio di Stato,

  • – in Luxembourg:

    la Cour supérieure de Justice, when sitting as Cour de cassation,

  • [F1– in Austria:

  • the Oberste Gerichtshof, the Verwaltungsgerichtshof and the Verfassungsgerichtshof]

  • – in the Netherlands:

    de Hoge Raad,

  • – in Portugal:

    o Supremo Tribunal de Justiça and o Supremo Tribunal Administrativo,

  • [F2– in Finland:

  • korkein oikeus/högsta domstolen, korkein hallinto-oikeus/högsta förvaltningsdomstolen, markkinatuomioistuin/marknadsdomstolen and työtuomioistuin/arbetsdomstolen,

  • – Sweden:

  • Högsta domstolen, Regeringsrätten, Arbetsdomstolen and Marknadsdomstolen,]

  • – in the United Kingdom:

    the House of Lords and other courts from which no further appeal is possible;

(b)the courts of the Contracting States when acting as appeal courts.

Textual Amendments

F1Schedule 3: entry in art. 2(a) inserted (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2000/1825, art. 6(a)

F2Schedule 3: entries in art. 2(a) inserted (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2000/1825, art. 6(b)

Commencement Information

I3Schedule 3 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

Article 3U.K.

1U.K.The competent authority of a Contracting State may request the Court of Justice to give a ruling on a question of interpretation of the provisions contained in the 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 Article 2. The provisions of this paragraph shall apply only to Judgments which have become res judicata.

Commencement Information

I4Schedule 3 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

2U.K.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.

Commencement Information

I5Schedule 3 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

3U.K.The Procurators–General of the Supreme Courts of Appeal 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 with paragraph 1.

Commencement Information

I6Schedule 3 wholly in force 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

4U.K.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.

Commencement Information

I7Schedule 3 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

5U.K.No fees shall be levied or any costs or expenses awarded in respect of the proceedings provided for in this Article.

Commencement Information

I8Schedule 3 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

Article 4U.K.

1U.K.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 instruments referred to in Article 1.

Commencement Information

I9Schedule 3 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

2U.K.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.

Commencement Information

I10Schedule 3 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

Article 5U.K.

This Protocol shall be subject to ratification by the Signatory States. The instruments of ratification shall be deposited with the Secretary–General of the Council of the European Communities.

Commencement Information

I11Schedule 3 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

Article 6U.K.

1U.K.To enter into force, this Protocol must be ratified by seven States in respect of which the Rome Convention is in force. This Protocol shall enter into force on the first day of the third month following the deposit of the instrument of ratification by the last such State to take this step. If, however, the M1 Second Protocol conferring on the Court of Justice of the European Communities certain powers to interpret the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, concluded in Brussels on 19 December 1988, enters into force on a later date, this Protocol shall enter into force on the date of entry into force of the Second Protocol.

Commencement Information

I12Schedule 3 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

Marginal Citations

M1O.J.1989 NO.l48/17.

2U.K.Any ratification subsequent to the entry into force of this Protocol shall take effect on the first day of the third month following the deposit of the instrument of ratification provided that the ratification, acceptance or approval of the Rome Convention by the State in question has become effective.

Commencement Information

I13Schedule 3 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

Article 7U.K.

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 date of entry into force of this Protocol;

(c)any designation communicated pursuant to Article 3(3);

(d)any communication made pursuant to Article 8.

Commencement Information

I14Schedule 3 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

Article 8U.K.

The Contracting States shall communicate to the Secretary–General of the Council of the European Communities the texts of any provisions of their laws which necessitate an amendment to the list of courts in Article 2(a).

Commencement Information

I15Schedule 3 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

Article 9U.K.

This Protocol shall have effect for as long as the Rome Convention remains in force under the conditions laid down in Article 30 of that Convention.

Commencement Information

I16Schedule 3 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

Article 10U.K.

Any Contracting State may request the revision of this Protocol. In this event, a revision conference shall be convened by the President of the Council of the European Communities.

Commencement Information

I17Schedule 3 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

Article 11U.K.

This Protocol, drawn up in a single original in the Danish, Dutch, English, French, German, Greek, Irish, Italian, Portuguese and Spanish languages, all 10 texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Communities. The Secretary–General shall transmit a certified copy to the Government of each Signatory State.

Commencement Information

I18Schedule 3 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

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