TNAG-1580-FCO40-2154-Extension-to-Hong-Kong-of-European-Community--European-Free-1987 — Page 22

France suggested that there were only two options to exclude maintenance altogether or to permit maintenance agreements with

an exclusion for the law of the state having jurisdiction.

we would all go and think about this.

Again

On Article 17(1) Norway requested that the word "usages should be used in place of "practices" on the second time that word appears and that the phrase "international trade or commerce'

should be repeated in the fifth line of the draft paragraph to

make it clear that it applied throughout. Carpenter suggested that this was unnecessary but said he would perhaps put forward a redraft using a columnar method.

The position on Article 27(4) and Article 52(3) was not

advanced.

We then returned to Article 6(4) and Carpenter for the UK

said that we would lift our reserve provided that it was made clear in the report (and not in the text) that the claim must be made by the same person. Norway then raised the point that there must be a connection between the two actions and this should

be made clear in the text to which the UK replied that national

courts could be trusted not to combine unrelated actions.

However, it was pointed out that there did seem to be a question

of substance here since the plaintiff might decide, even where

there was no connection, to sue two defendants together. This

would not be an appropriate method of founding jurisdiction. Changing the text here, however, might (as Jenard pointed out)

cast doubt on Article 6(1) which is likewise silent on the

question of connection between the actions. The Chairman suggested that the Group was agreed that there should be a link

between the two actions and this should be made clear in the

report. The parties could themselves assess any possible

connection subject always to the discretion of the judge.

The EFTA countries raised certain queries on the Protocol on uniform interpretation of the Convention. They expressed

concern that they would be stuck with the jurisprudence up to

now of the ECJ. All EC countries attempted to jump on them at

this but it was made clear that the report would have a separate

chapter relating to the existing principles of the court.

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