Civil Jurisdiction and Judgments Act 1982

3 Interpretation of the [F1 Brussels Conventions]. U.K.

(1) Any question as to the meaning or effect of any provision of the [F1 Brussels Conventions] shall, if not referred to the European Court in accordance with the 1971 Protocol, be determined in accordance with the principles laid down by and any relevant decision of the European Court.

(2) Judicial notice shall be taken of any decision of, or expression of opinion by, the European Court on any such question.

(3) Without prejudice to the generality of subsection (1), the following reports (which are reproduced in the Official Journal of the Communities), namely—

(a) the M1 reports by Mr. P. Jenard on the 1968 Convention and the 1971 Protocol; and

(b) the M2 report by Professor Peter Schlosser on the Accession Convention [F2 ; and

(c) the report by Professor Demetrios I. Evrigenis and Professor K. D. Kerameus on the 1982 Accession Convention][F3 ; and

(d) the report by Mr. Martinho de Almeida Cruz, Mr. Manuel Desantes Real and Mr. P. Jenard on the 1989 Accession Convention,]

may be considered in ascertaining the meaning or effect of any provision of the [F1 Brussels Conventions] and shall be given such weight as is appropriate in the circumstances.

Textual Amendments

F1 Words in s. 3 substituted (1.5.1992) by Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s. 3, Sch. 2 para.1 (with s. 4); S.I. 1992/745, art. 2

F2 S. 3(3)(c) and preceding word inserted by S.I. 1989/1346, art. 8

F3 S. 3(3)(d) and preceding word inserted (1.10.1991) by S.I. 1990/2591, art. 8

Marginal Citations

M1 O.J.1979 No. C59/1 and 66.

M2 O.J.1979 No. C59/71.