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AD HOC JOINT EEC-EFTA
WORKING PARTY "EXEQUATUR"
9 and 10 December 1986
Brussels, 9 December 1986
No. 38
WORKING DOCUMENT NO. 38
Subject:
Draft Protocol No 2 on the interpretation of the Convention
Drawn up by: EFTA delegations
The Contracting Parties to the Parallel Convention,
Considering the substantial link between the Brussels Convention
and the Parallel Convention,
Desiring to insure as harmonious an interpretation as possible
of both instruments, in full deference to the independance of
courts.
Considering Article 66 of the Parallel Convention,
Have agreed as follows:
Article 1
In their interpretation of the provisions of the
Parallel Convention, courts take into account the principles
laid down by any relevant decision of the Court of Justice
of the European Communities as well as by any such decision of
the supreme courts of the Contracting Parties.
Likewise, in their interpretation of the provisions
of the Brussels Convention, courts take into account the
principles laid down by any relevant decision delivered by a supreme court concerning provisions of the Parallel
Convention which are substantially reproduced from the
Brussels Convention.
No 38
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