EC Signs Hague Choice of Court Convention


On 1st April 2009, the Czech Minister for Justice signed the Convention on behalf of the European Community (see the proposal to do so here). Negotiations on the Convention at the Hague were carried out ostensibly under shared competence between the EC and the Member States, but in the wake of Opinion 1/03, of course, the Community has exclusive competence to ratify the Convention. In other words, it does not need to be signed by the Member States (i.e. we’re stuck with it, whether we like it or not.) Denmark, however, will not be bound.

You will remember that Mexico and the USA have already signed the Hague Choice of Court Convention, and with the EC joining that exclusive club only one more ratification is needed for the entry into force of the Convention. My attention has been drawn to the fact that the above statement is vague at best, and misleading/confusing/wrong at worst. Apologies; allow me to rework: the Hague Convention requires two ratifications or accessions to enter into force (Art 31(1)). So far, only Mexico has acceded to the Convention, and no State has ratified it. If either the EC or US ratify it (having already signed it), or a non-signatory State accedes to it, or another Hague member state signs and ratifies it, then the Convention will enter into force (thanks Andrew and Ralf.)

(Many thanks to everyone who emailed/commented to let us know; much appreciated.)

6 replies
  1. Andrew Dickinson says:

    Only 2 ratifications are necessary for the Hague Choice of Court Convention to come into force (Art. 31(1)). At present, only Mexico has ratified to my knowledge. The US and EC have signed, but have still to ratify, the Convention.

  2. Richard Frimston says:

    On the same day, 1 April 2009, the Czech Republic and Cyprus also individually signed the Hague 2000 International Protection of Adults Convention which came into force on 1 January 2009. Swiss ratification becomes effective on 1 July 2009.

  3. Marta Requejo says:

    The Council Decision on the signing on behalf of the European Comunity of the Convention on the choice of court agreements has been published today (OJ L, 133, 29th May)

  4. tommaso tamburino says:

    To my knowledge UE has now ratified the Convention. Does anyone know if US has done / is going to do the same?

  5. tommaso tamburino says:

    To myknowledge EU has now ratified the Convention. Does anyone know if US has done / is going to do the same?

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