ABSTRACT

State; and (b) in the application of the provision in relation to the Lugano Convention, a [State bound by the

Lugano Convention];] [‘‘Brussels Contracting State’’ means a state which is one of the original parties to the 1968

Convention or one of the parties acceding to that Convention under the Accession Convention, or under the 1982 Accession Convention, or under the 1989 Accession Convention, but only with respect to any territory-

(a) to which the Brussels Conventions apply; and (b) which is excluded from the scope of the Regulation pursuant to Article 299 of the Treaty

establishing the European Community;] [‘‘State bound by the Lugano Convention’’ in any provision, in the application of that provision

in relation to the Lugano Convention has the same meaning as in Article 1(3) of that Convention;]

[‘‘Regulation State’’ in any provision, in the application of that provision in relation to the Regulation, means a Member State.]

[(4) Any question arising as to whether it is the Regulation, any of the Brussels Conventions, or the Lugano Convention which applies in the circumstances of a particular case shall be determined as follows-

(a) in accordance with [Article 64] of the Lugano Convention (which determines the relationship between the Brussels Conventions and the Lugano Convention); and

(b) in accordance with Article 68 of the Regulation (which determines the relationship between the Brussels Conventions and the Regulation).]

NOTES: Sub-s (1): amended by SI 1989 No 1346, art 3, SI 1990 No 2591, arts 3, 4, the Civil Jurisdiction and Judgments

The [Brussels Conventions] to have the force of law 2.—(1) The [Brussels Conventions] shall have the force of law in the United Kingdom and judicial

notice shall be taken of them.