The Gazette 1986

GAZETTE

JANUARY/FEBRUARY 1986

1971 Protocol) and the Schlosser Report (on the 1978 Convention) referred to throughout this Article. The Reports are very extensive and should prove to be of valuable assistance. In fact, the Court of Justice has referred to the various Reports in reaching its decision. Also, because the different language versions of the Conventions are equally valid, an interpretative problem may exist which is not immediately apparent from, for example, the English text. Where appropriate, the Irish courts will be obliged to have regard to the other language texts. Conclusion It is to be regretted that the Convention has not yet been ratified in Ireland and that implementing legis- lation has not yet been passed. It is 6Vi years since we have signed the Convention and there can be no reason- able excuse for not having taken the necessary steps before now. Nevertheless, the Convention will eventually become part of our Law and with it will come many and far reaching changes. And, being derived from the EEC Treaty, the Convention will have supremacy over provisions of national Law which conflict with it. Irish lawyers will have to familiarise themselves with the provisions of the Convention in many disputes which have an international aspect. They will have to become accustomed to the application of the Convention in the light of the objectives of the Convention in general and its application throughout the other Member States of the Community and not merely in the light of its incorporation into the Irish legal system. Judges will have to apply the rules of jurisdiction contained in the Convention regardless of whether they have been pleaded by the parties. And, they will also have to accept considerable restriction on their traditional dis- cretionary powers both in deciding matters of jurisdiction and in deciding whether to recognise and enforce foreign judgements. In a word, the Convention will have far reaching effects on the Irish legal system. It introduces modern concepts in the field of the conflict of laws and for this reason it is to be welcomed. However, it seems that we as a country and we as lawyers are ill prepared for its introduction into the legal system in Ireland. • Footnotes (Concluded) (1) See the Report of M. P. Jenard — Chairman of the Committee of drafters of the 1968 Convention — Official Journal 1979 C59 at page 42. (2) See the Jenard Report at page 43. (3) See the Report of Dr. Peter Schlosser, Report of the drafters of the 1978 Convention — Official Journal 1979 C59 at page 128. (4) See the Jenard Report at page 44. (5) Case 166/80 1981 ECR 1593. (6) See also the case of Pendy Plastics -v- Pluspunkt - case 228/1981, dealing with the service of the originating document. And see the case of Debaeker -v- Bouwman - case 49/1984 which has not yet been decided.

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(7) See the Jenard Report at page 46. (8) See the Jenard Report at page 47. •(9) Case 42/1976 ECR 1759. (10) Case 125/79 1980 ECR 1553. (11) See Jenard Report at page 50.

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(12) Two cases are at present before the Court of Justice dealing with the taking of interim protective measures — case 258/83 and case 119/84. (13) Case 173/83. (14) Official Journal 1979 C59 page 66.

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