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S.I. No. 231 of 1990.
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JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGEMENTS (EUROPEAN COMMUNITIES) ACT, 1988 (SECTION 1 (4)) (DECLARATION) ORDER, 1990.
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I, GERARD COLLINS, T.D., Minister for Foreign Affairs, in exercise of the powers conferred on me by section 1 (4) (a) of the Jurisdiction of Courts and Enforcement of Judgements (European Communities) Act, 1988 (No. 3 of 1988), hereby order as follows:
1. This Order may be cited as the Jurisdiction of Courts and Enforcement of Judgements (European Communities) Act, 1988 (Section 1 (4)) (Declaration) Order, 1990.
2. It is hereby declared—
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( a ) that the states specified in the First Schedule to this Order are Contracting States,
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( b ) that a declaration (the text of which in the English language is set out in Part I of the Second Schedule hereto) has been made by the Kingdom of the Netherlands pursuant to Article 60 to the Secretary-General of the Council of the European Communities, and
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( c ) That a communication (the text of which in the English language is set out in Part II of the Second Schedule hereto) has been made by the Kingdom of Denmark pursuant to Article VI to the Secretary-General of the Council of the European Communities.
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FIRST SCHEDULE
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The 1968 Convention: Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and the Netherlands;
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The 1978 Convention: the State, Belgium, Denmark, France, the Federal Republic of Germany, Italy, Luxembourg, the Netherlands, the United Kingdom;
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The 1982 Convention: the State, Belgium, Denmark, France, the Federal Republic of Germany, the Hellenic Republic, Italy, Luxembourg, the Netherlands, and the United Kingdom.
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SECOND SCHEDULE
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PART I
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"I would draw your attention to the following:
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The Government of Aruba has let it be known that it wishes Aruba to be included in the territories to which the following Convention and Protocol apply:
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—Convention on jurisdiction and the enforcement of judgements in civil and commercial matters, with Protocol and Joint Declaration, Brussels 27 September 1968;
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—Protocol on the interpretation by the Court of Justice of the Convention on 27 September 1968 on jurisdiction and the enforcement of judgements in civil and commercial matters, with a Joint Declaration, Luxembourg 3 June 1971.
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In connection with the foregoing, I would inform you, with reference to Article 60 of the Convention and Article 6 of the Protocol, that application of the Convention and the Protocol, both of which, as far as the Kingdom of the Netherlands is concerned, have hitherto applied only to Europe and the territory of the Kingdom of the Netherlands, should henceforth be extended to Aruba.
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I would ask you to inform the other Member States of this notification".
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PART II
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Article 3 of the Convention:
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The Danish provisions on jurisdiction contained in Article 248 (2) of the law on civil procedure were amended by Law No. 324 of 4 June 1986. The current provisions on jurisdiction in respect of aliens based on residence or location of property are now to be found in Article 246 (2) and (3) of the law on civil procedure.
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Article 32 of the Convention:
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The name of the court to which the application is to be submitted in accordance with Article 32 (1) was changed by Law No. 260 of 8 June 1979 from "underret" to "byret".
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GIVEN under my Official Seal this 11th day of September, 1990.
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GERARD COLLINS,
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Minister for Foreign Affairs.
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EXPLANATORY NOTE.
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Section 1 (4) (a) of the Jurisdiction of the Courts and Enforcement of Judgement (European Communities) Act, 1988 enables the Minister for Foreign Affairs to declare which states are Contracting States to the 1968 Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters or that a declaration or communication has been made to the Secretary-General of the Council of the European Communities pursuant to the said Convention. This Order specifies which States are Contracting States and the declarations or communications that have been received by the Secretary-General of the Council of the European Communities.
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