TNAG-1580-FCO40-2154-Extension-to-Hong-Kong-of-European-Community--European-Free-1987 — Page 78

This Convention shall not affect the application of provisions which, in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments and which are or will be contained in acts of the Institutions-of the European Communities or in national laws harmonised in implementation of such acts.".

2. With a view to its uniform interpretation, paragraph 1 of Article 57 shall be applied in the following manner:

(a) The 1968 Convention as amended shall not prevent a court of a Contracting State which is a party to a convention on a particular matter from assuming jurisdiction in accordance with that convention, even where the defendant is domiciled in another Contracting State which is not a party to that convention. The court shall, in any event, apply Article 20 of the 1968 Convention as amended.

(b) A judgment given in a Contracting State in the exercise of jurisdiction provided for in a convention on a particular matter shall be recognised and enforced in the other Contracting States in accordance with the 1968 Convention as amended.

Where a convention on a particular matter to which both the State of origin and the State addressed are parties lays down conditions for the recognition or enforcement of judgments, those conditions. shall apply. In any event, the provisions of the 1968 Convention as amended which concern the procedures for recognition and enforce- ment of judgments may be applied.

ARTICLE 26

The following paragraph shall be added to Article 59 of the 1968 Convention:

"However, a Contracting State may not assume an obligation towards a third State not to recognise a judgment given in another Contracting State by a court basing its jurisdiction on the presence within that State of property belonging to the defendant, or the seizure by the plaintiff of property situated there:

(1) if the action is brought to assert or declare proprietary or possessory rights in that property, seeks to obtain authority to dispose of it, or arises from another issue relating to such property, or,

(2) if the property constitutes the security for a debt which is the

subject-matter of the action.”.

.

ARTICLE 27

The following shall be substituted for Article 60 of the 1968 Convention:

"ARTICLE 60

This Convention shall apply to the European territories of the Contracting States, including Greenland, to the French overseas depart- ments and territories, and to Mayotte.

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