ABSTRACT

This chapter discusses existence of European rules, whether implemented by statute or applying directly, raises issues of interpretation. As a preliminary matter it is also important to note that the text of European legislation is written in all official languages of the European Union and all of them are “equally authentic”. The European Court of Justice was given jurisdiction in relation to the Brussels Convention by a Protocol originally agreed in 1971. In general, it allowed but did not require references to be made by appellate courts, but provided that a reference shall be made by the House of Lords together with all other final courts of appeal, wherever a decision on interpretation is necessary to enable it to give judgment. The position in relation to the Rome Convention is more complicated. At the time the Rome Convention was concluded, there was considerable controversy over the question of referrals to the European Court of Justice.