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Civil Jurisdiction and Judgments Act 1982

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This is the original version (as it was originally enacted).

3Interpretation of the Conventions

(1)Any question as to the meaning or effect of any provision of the 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 [O.J. 1979 No. C59/1 and 66.] reports by Mr. P. Jenard on the 1968 Convention and the 1971 Protocol; and

(b)the [O.J. 1979 No. C59/71.] report by Professor Peter Schlosser on the Accession Convention,

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

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