25 AVRIL 2004. - An Act to Enact the following International Acts:

1st Protocol concerning the interpretation by the Court of Justice of the European Communities of the Convention on the Law Applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980, and Joint Declarations;
2° Second Protocol assigning to the Court of Justice of the European Communities certain competences in the interpretation of the Convention on the Law Applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980, made in Brussels on 19 December 1988 (1)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constution.
Art. 2. The First Protocol concerning the interpretation by the Court of Justice of the European Communities of the Convention on the Law Applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980, and Joint Declarations, made in Brussels on 19 December 1988, will emerge their full and full effect.
Art. 3. The Second Protocol assigning to the Court of Justice of the European Communities certain competences in the interpretation of the Convention on the Law Applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980, made in Brussels on 19 December 1988, will emerge its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 25 April 2004.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Finance,
D. REYNDERS
The Minister of Justice,
Ms. L. ONKELINX
The Secretary of State for European Affairs,
...
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2003-2004.
Senate.
Documents. - Bill tabled on 8 December 2003, No. 3-398/1. - Report, no. 3-398/2.
Annales parliamentarians. - Discussion and voting. - Session of February 12, 2004.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 51-805/1. - Text adopted in plenary and subject to Royal Assent, No. 51-805/2.
Annales parliamentarians. - Discussion and voting. Session of March 18, 2004.
First protocol concerning the interpretation by the Court of Justice of the European Communities of the convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980
THE HAUTH PARTIES CONTRACTING TO THE UNITED NATIONS
Referring to the joint declaration annexed to the Convention on the Law Applicable to Contractual Obligations, open for signature in Rome on 19 June 1980,
have decided to conclude a protocol assigning jurisdiction to the Court of Justice of the European Communities for the interpretation of the said Convention and have designated for this purpose as Plenipotentiaries:
SA MAJEST LE ROI DES BELGES :
Paul DE KEERSMAEKER
Secretary of State for European Affairs and Agriculture, Deputy Minister of External Relations
I've got it.
Knud Erik TYGESEN
Secretary of State
THE PRESIDENT OF THE FEDERAL REPUBLIC GERMANY:
Irmgard ADAM-SCHWAETZER
Deputy Minister for Foreign Affairs
THE PRESIDENT OF THE HELLEN REPUBLIC:
Theodoros PANGALOS
Acting Minister for Foreign Affairs
SA MAJESTE LE ROI D'ESPAGNE :
Francisco FERNANDEZ ORDONEZ
Minister of Foreign Affairs
THE PRESIDENT OF THE FRENCH REPUBLIC:
Philippe LOUET
Ambassador Extraordinary and Plenipotentiary
THE PRESIDENT OF IRELAND:
Brian LENIHAN
Deputy Prime Minister and Minister of Foreign Affairs
THE PRESIDENT OF THE ITALIAN REPUBLIC:
Gianni MANZOLINI
Secretary of State for Foreign Affairs
SON ALTESSE ROYALE LE GRAND-DUC DE LUXEMBOURG :
Jacques POOS
Deputy President of the Government, Minister of Foreign Affairs, Foreign Trade and Cooperation, Minister of Economy and Average Class, Minister of Treasury
SA MAJESTE LA REINE DES PAYS-BAS :
H. van den BROEK
Minister of Foreign Affairs
THE PRESIDENT OF THE PORTUGAISE REPUBLIC:
Joao de Deus PINHEIRO
Minister of Foreign Affairs
SA MAJESTE LA REINE DU ROYAUME-UNI DE GRANDE-BRETAGNE ET D'IRLANDE DU NORD :
Lynda CHALKER
Deputy Minister for Foreign Affairs and the Commonwealth
They, gathered in the Council of the European Communities, having exchanged their full powers recognized in due form,
AGAINST THE PROVISIONS THAT SAY:
Article 1
The Court of Justice of the European Communities is competent to rule on the interpretation:
(a) of the Convention on the Law Applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980, referred to as the “Rome Convention”;
(b) Conventions relating to accession to the Rome Convention of States which became members of the European Communities after the date of its opening for signature;
(c) of this Protocol.
Article 2
Any jurisdiction referred to below shall have the power to request the Court of Justice to make a preliminary ruling on a matter raised in a pending case before the Court and concerning the interpretation of the provisions of the instruments referred to in Article 1^erwhen it considers that a decision on this point is necessary to render its judgment:
a) in Belgium: the Court of Cassation (het Hof van Cassatie) and the State Council (de Raad van State),
- in Denmark: Hojesteret,
- in the Federal Republic of Germany: die obersten Gerichtshoefe des Bundes,
- in Greece:
For the consultation of the table, see image
- in Spain: El Tribunal Supremo,
- in France: the Court of Cassation and the Council of State,
- in Ireland: the Supreme Court,
- in Italy: the Corte suprema di cassazione and it Consiglio di Stato,
- in Luxembourg: the Superior Court of Justice sitting as Court of Cassation,
- in the Netherlands: from Hoge Raad,
- in Portugal: o Supremo Tribunal de Justiça and o Supremo Tribunal Administrativo,
- in the United Kingdom: the House of Lords and other courts whose decisions are no longer subject to appeal;
(b) the courts of the Contracting States when deciding on appeal.
Article 3
1. The competent authority of a Contracting State has the power to request the Court of Justice to decide on a question of interpretation of the provisions of the instruments referred to in Article 1^er if decisions rendered by the courts of that State contradict the interpretation given either by the Court of Justice or by a decision of another Contracting State referred to in Article 2. The provisions of this paragraph shall apply only to decisions made in force of evidence.
2. The interpretation given by the Court of Justice following such an application is without effect on the decisions on which the interpretation was requested.
3. The Court of Justice shall be competent to file an application for interpretation in accordance with paragraph 1 by the Attorney General of the Courts of Cassation of the Contracting States or any other authority designated by a Contracting State.
4. The Registrar of the Court of Justice shall notify the request to the Contracting States, the Commission and the Council of the European Communities, which, within two months from that notification, have the right to file written submissions or submissions to the Court.
5. The procedure provided for in this article does not give rise to the collection or reimbursement of costs and expenses.
Article 4
1. To the extent that this Protocol does not otherwise provide, the provisions of the Treaty establishing the European Economic Community and those of the Protocol on the Status of the annexed Court of Justice which are applicable where the Court is called to rule in a preliminary manner also apply to the procedure for the interpretation of the instruments referred to in Article 1^er.
2. The Rules of Procedure of the Court of Justice shall be adapted and supplemented, if necessary, in accordance with Article 188 of the Treaty establishing the European Economic Community.
Article 5
This Protocol is subject to ratification by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.
Article 6
1. To enter into force, this protocol must be ratified by seven States with respect to which the Rome Convention is in force. It comes into force on the first day of the third month following the deposit of the instrument of ratification by that of those States which proceeds the last to this formality. However, if the second Protocol assigning certain competences to the Court of Justice of the European Communities with respect to the interpretation of the Convention on the Law Applicable to Contractual Obligations Open for signature in Rome on 19 June 1980 (1), concluded in Brussels on 19 December 1988, comes into force at a later date, this Protocol also comes into force on the date of entry into force of the second Protocol.
2. Any ratification after the entry into force of this Protocol shall take effect on the first day of the third month following the deposit of the instrument of ratification, provided that the ratification, acceptance or approval of the Rome Convention by the State in question has become effective.
Article 7
The Secretary General of the Council of European Communities shall notify the signatory States of:
(a) the deposit of any instrument of ratification;
(b) the effective date of this protocol;
(c) the designations submitted pursuant to Article 3 (3);
(d) communications under section 8.
Article 8
The Contracting States shall communicate to the Secretary General of the Council of the European Communities the texts of their legislative provisions that imply an amendment to the list of jurisdictions referred to in Article 2 (a).
Article 9
This Protocol shall produce its effects as long as the Rome Convention remains in force under the conditions provided for in article 30 of the Convention.
Article 10
Each Contracting State may request the revision of this Protocol. In this case, a review conference is convened by the President of the Council of the European Communities.
Article 11
This Protocol, written in a single copy in the German, English, Danish, Spanish, French, Greek, Irish, Italian, Dutch and Portuguese languages, is deposited in the archives of the General Secretariat of the Council of European Communities. The Secretary-General shall issue a certified copy to each of the Governments of the signatory States.
In faith, undersigned Plenipotentiaries have affixed their signature at the bottom of this protocol.
Done in Brussels, the 19th of December, nine hundred and eighty-eight.
Joint statement
The governments of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Portuguese Republic and the United Kingdom of Great Britain and Northern Ireland,
at the time of signature of the first Protocol concerning the interpretation by the Court of Justice of the European Communities of the Convention on the Law Applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980,
wishing to ensure that its provisions are as effective and uniform as possible,
declare themselves ready to arrange, in liaison with the Court of Justice of the European Communities, an exchange of information concerning the decisions taken in force of evidence, rendered, pursuant to the Convention on the Law Applicable to Contractual Obligations, by the courts referred to in Article 2 of that Protocol. The information exchange will include:
- the transmission to the Court of Justice, by the competent national authorities, of decisions rendered by the courts referred to in Article 2 (a) and of significant decisions rendered by the courts referred to in Article 2 (b);
- the classification and documentary exploitation of these decisions by the Court of Justice, including, where necessary, the establishment of abstracts and translations and the publication of particularly important decisions;
- the communication of documentation by the Court of Justice to the competent national authorities of the States parties to the protocol as well as to the Commission and the Council of the European Communities.
The undersigned pednipotentiaries have signed at the bottom of this joint declaration.
Done in Brussels, the 19th of December, nine hundred and eighty-eight.
Joint statement
The governments of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Portuguese Republic and the United Kingdom of Great Britain and Northern Ireland,
at the time of signature of the first Protocol concerning the interpretation by the Court of Justice of the European Communities of the Convention on the Law Applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980,
Referring to the joint declaration annexed to the law applicable to contractual obligations,
wishing to ensure that its provisions are as effective and uniform as possible,
anxious to avoid any discrepancies in the interpretation of the said Convention that affect its unitary character,
Consider that any State that becomes a member of the European Communities should accede to this Protocol.
In faith, the undersigned Pednipotentiaries displayed their signature at the bottom of nineteen December nine hundred and eighty-eight.
Done in Brussels, on 30 October, nine hundred and ninety-seven.
Second protocol assigning to the Court of Justice of the European Communities certain competences in the interpretation of the convention on the law applicable to contractual obligations, open for signature in Rome on 19 June 1980
THE HAUTH PARTIES CONTRACTING TO THE UNITED NATIONS
CONSIDERING that the Convention on the Law Applicable to Contractual Obligations, opened for signature at Rome on 19 June 1980, referred to as the "Rome Convention", will enter into force after the deposit of the seventh instrument of ratification, acceptance or approval;
CONSIDERING that the uniform application of the rules instituted by the Rome Convention requires that a mechanism ensuring the uniformity of their interpretation be established and that, to this end, appropriate competence must be assigned to the Court of Justice of the European Communities, even before the Rome Convention is in force with respect to all Member States of the European Economic Community;
ONT DECIDE to conclude this protocol and have designated for this purpose as Plenipotentiaries:
SA MAJEST LE ROI DES BELGES :
Paul DE KEERSMAEKER
Secretary of State for European Affairs and Agriculture, Deputy Minister of External Relations
I've got it.
Knud Erik TYGESEN
Secretary of State
THE PRESIDENT OF THE FEDERAL REPUBLIC GERMANY:
Irmgard ADAM-SCHWAETZER
Deputy Minister for Foreign Affairs
THE PRESIDENT OF THE HELLEN REPUBLIC:
Theodoros PANGALOS
Acting Minister for Foreign Affairs
SA MAJESTE LE ROI D'ESPAGNE :
Francisco FERNANDEZ ORDONEZ
Minister of Foreign Affairs
THE PRESIDENT OF THE FRENCH REPUBLIC:
Philippe LOUET
Ambassador Extraordinary and Plenipotentiary
THE PRESIDENT OF IRELAND:
Brian LENIHAN
Deputy Prime Minister and Minister of Foreign Affairs
THE PRESIDENT OF THE ITALIAN REPUBLIC:
Gianni MANZOLINI
Secretary of State for Foreign Affairs
SON ALTESSE ROYALE LE GRAND-DUC DE LUXEMBOURG :
Jacques POOS
Deputy President of the Government, Minister of Foreign Affairs, Foreign Trade and Cooperation, Minister of Economy and Average Class, Minister of the Mostor
SA MAJESTE LA REINE DES PAYS-BAS :
H. van den BROEK
Minister of Foreign Affairs
THE PRESIDENT OF THE PORTUGAISE REPUBLIC:
Joao de Deus PINHEIRO
Minister of Foreign Affairs
SA MAJESTE LA REINE DU ROYAUME-UNI DE GRANDE-BRETAGNE ET D'IRLANDE DU NORD :
Lynda CHALKER
Deputy Minister for Foreign Affairs and the Commonwealth
LESQUELS, gathered in the Council of the European Communities, having exchanged their full powers recognized in due form,
AGAINST WHO ITS:
Article 1^er
1. The Court of Justice of the European Communities has, for the Rome Convention, the powers conferred on it by the first protocol concerning the interpretation by the Court of Justice of the European Communities of the Convention on the Law Applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980, concluded in Brussels on 19 December 1988. The Protocol on the Status of the Court of Justice of the European Communities and the Rules of Procedure of the Court of Justice are applicable.
2. The Rules of Procedure of the Court of Justice shall be adapted and supplemented, if necessary, in accordance with Article 188 of the Treaty establishing the European Economic Community.
Article 2
This protocol is subject to ratification by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.
Article 3
This protocol comes into force on the first day of the third month following the deposit of the instrument of ratification by the signatory State which proceeds the last to this formality.
Article 4
The present protocol, written in a single copy in German, English, Danish, Spanish, French, Greek, Irish, Italian, Dutch and Portuguese, is deposited in the archives of the General Secretariat of the Council of European Communities. The Secretary-General shall issue a certified copy to each of the Governments of the signatory States.
In faith, the undersigned plenipotentiaries have affixed their signature at the bottom of this protocol;
Done in Brussels, the 19th of December, nine hundred and eighty-eight.

First protocol and joint statements, made in Brussels on 19 December 1988, concerning the interpretation by the Court of Justice of the European Communities of the Convention on the Law Applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980
For the consultation of the table, see image