TNAG-1580-FCO40-2154-Extension-to-Hong-Kong-of-European-Community--European-Free-1987 — Page 32

SUMMARY

Joint EEC/EFTA "Exequatur" Working Party

Meeting 9-10 December 1986

1.

Meeting chaired by Voyame (Switzerland). Some progress made on Protocol No. 2 on uniform judicial interpretation, but Working

Document No. 38 causes evident problems for the EEC by suggesting that EC courts in "interpreting" the Brussels Convention should take account of decisions of EFTA courts applying the Parallel

Convention. Swiss position explained again on the need for a

reservation in Article 1 of Protocol No. 1, it being suggested

that this matter might be referred to the EEC/EFTA Political Co-ordination Committee. The EEC Group would need to discuss

Document No. 38 before any decision. Further discussion on Article 57 and the preliminary article defining the relative scope of the Brussels Convention and Parallel Convention. Further discussion on Article 16 (exclusive jurisdiction for property and tenancy disputes).

DETAIL

Protocol No. 2 (uniform judicial interpretation)

2. Held (Switzerland) introduced the EFTA proposals in Working Document No. 38. Saggio remarked that Article 1 of this Document was quite different from the EEC approach which was to distinguish past from future case law of the ECJ. The EEC intention was that account must be taken of existing ECJ interpretation in order to establish the meaning of the text where it was identical with the Brussels Convention. The point

was also made that the national courts of the EEC were now

expected to have regard to judgments of EFTA courts in "interpreting" the Brussels Convention. This posed a problem,