4
1
In determining any question as to the meaning or effect of the provision (or any part of the provision) made by Article 2 above—
a
regard shall be had to any relevant principles laid down by the European Court in connection with Title II of the 1968 Convention and to any relevant decision of that court as to the meaning or effect of any provision of that Title; and
b
without prejudice to the generality of paragraph (a), the expert reports relating to the 1968 Convention referred to in section 50 of the 1982 Act may be considered and shall, so far as relevant, be given such weight as is appropriate in the circumstances.
2
The requirement in paragraph (1)(a) applies only in relation to principles laid down, or decisions made, by the European Court before IP completion day.
Art. 4 in force at 1.2.1998, see art. 1
Art. 4 renumbered as art. 4(1) (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 73(3) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
Words in art. 4(1)(b) substituted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 73(3)(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 4(2) inserted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 73(3)(b) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)