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Forschungsstelle
EDA
Projektnummer
ExSt.2014.412
Projekttitel
Opinion - In the International Court of Justice between Kingdom of Belgium and Swiss Confederation

Erfasste Texte


KategorieText
Schlüsselwörter
(Deutsch)
International Court of Justice; European Union; Lugano Convention 1988; jurisdiction, recognition, enforcement of judgments
Schlüsselwörter
(Englisch)
International Court of Justice; European Union; Lugano Convention 1988; jurisdiction, recognition, enforcement of judgments
Schlüsselwörter
(Französisch)
International Court of Justice; European Union; Lugano Convention 1988; jurisdiction, recognition, enforcement of judgments
Schlüsselwörter
(Italienisch)
International Court of Justice; European Union; Lugano Convention 1988; jurisdiction, recognition, enforcement of judgments
Kurzbeschreibung
(Deutsch)
The common rules on jurisdiction and the recognition and enforcement of judgments, which apply in all EU Member State courts, are those contained in Council Regulation (EC) 44/2001 of 22 December 2000. Because of the close relationship that exists between the common rules and the Lugano Convention 1988, proceedings before the International Court of Justice concerning a breach of that Convention have the capacity to affect the interpretation or application of Council Regulation (EC) 44/2001. Consequently, an EU Member State is not competent to bring the proceedings. Furthermore, even if it were competent to seize the International Court of Justice, it would need to obtain the authorisation of the EU before doing so. In that kind of cases, it would be appropriate for the International Court of Justice to invite the EU to make submissions to the International Court of Justice in accordance with Article 34(2) of its Statute.
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Kurzbeschreibung
(Englisch)
The common rules on jurisdiction and the recognition and enforcement of judgments, which apply in all EU Member State courts, are those contained in Council Regulation (EC) 44/2001 of 22 December 2000. Because of the close relationship that exists between the common rules and the Lugano Convention 1988, proceedings before the International Court of Justice concerning a breach of that Convention have the capacity to affect the interpretation or application of Council Regulation (EC) 44/2001. Consequently, an EU Member State is not competent to bring the proceedings. Furthermore, even if it were competent to seize the International Court of Justice, it would need to obtain the authorisation of the EU before doing so. In that kind of cases, it would be appropriate for the International Court of Justice to invite the EU to make submissions to the International Court of Justice in accordance with Article 34(2) of its Statute.
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Kurzbeschreibung
(Französisch)
The common rules on jurisdiction and the recognition and enforcement of judgments, which apply in all EU Member State courts, are those contained in Council Regulation (EC) 44/2001 of 22 December 2000. Because of the close relationship that exists between the common rules and the Lugano Convention 1988, proceedings before the International Court of Justice concerning a breach of that Convention have the capacity to affect the interpretation or application of Council Regulation (EC) 44/2001. Consequently, an EU Member State is not competent to bring the proceedings. Furthermore, even if it were competent to seize the International Court of Justice, it would need to obtain the authorisation of the EU before doing so. In that kind of cases, it would be appropriate for the International Court of Justice to invite the EU to make submissions to the International Court of Justice in accordance with Article 34(2) of its Statute.
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Kurzbeschreibung
(Italienisch)
The common rules on jurisdiction and the recognition and enforcement of judgments, which apply in all EU Member State courts, are those contained in Council Regulation (EC) 44/2001 of 22 December 2000. Because of the close relationship that exists between the common rules and the Lugano Convention 1988, proceedings before the International Court of Justice concerning a breach of that Convention have the capacity to affect the interpretation or application of Council Regulation (EC) 44/2001. Consequently, an EU Member State is not competent to bring the proceedings. Furthermore, even if it were competent to seize the International Court of Justice, it would need to obtain the authorisation of the EU before doing so. In that kind of cases, it would be appropriate for the International Court of Justice to invite the EU to make submissions to the International Court of Justice in accordance with Article 34(2) of its Statute.
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Auftragnehmer
(Englisch)
Sir Francis Jacobs, Fountain Court Chambers, Fountain Court, Temple, London EC4Y 9DH
Belastetes Budget
(Englisch)
Special budget for the case Belgium v. Switzerland before the International Court of Justice (Directorate of International Law)
Gesetzliche Grundlage
(Englisch)
Art. 57 Abs. 1 RVOG Art. 57 al. 1 LOGA Art. 57 cpv. 1 LOGA
Impressum
(Englisch)
Copyright, Bundesbehörden der Schweizerischen Eidgenossenschaft | Droits d'auteur: autorités de la Confédération suisse | Diritti d'autore: autorità della Confederazione Svizzera | Dretgs d'autur: autoritads da la Confederaziun svizra | Copyright, Swiss federal authorities
Auskunft
(Englisch)
Directorate of International Law, Section of International Law