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:
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.
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:
(a)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:
τα ανωτατα Αικαστήρια,
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,
in the Netherlands:
de Hoge Raad,
in Portugal:
o Supremo Tribunal de Justiça and o Supremo Tribunal Administrativo,
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.
1The 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.
2The 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.
3The 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.
4The 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.
5No fees shall be levied or any costs or expenses awarded in respect of the proceedings provided for in this Article.
1Except 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.
2The 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.
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.
1To 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[O.J.1989 NO.l48/17.] 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.
2Any 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.
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.
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).
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.
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.
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.