|
Publishers Abstract:
The Opinion of the European Court of Justice (ECJ) on the Lugano Convention is of interest mainly for the change of the test it applies in order to assess when an implied external competence of the EC has become exclusive. Prior to this Opinion, the ECJ would primarily examine on a step-by-step basis whether a certain policy area has been largely or completely harmonized by Community law. Now, the Court has changed its position by applying a broader test in which it also examines the nature and content of the envisaged agreement in order to determine whether the uniform and consistent application of Community law is affected by the envisaged agreement. The Court opined that the mere existence of a disconnection clause in a treaty may provide an indication that Community law might be affected, rather than being of the opinion that the disconnection clause helps to avoid a conflict between the treaty in question and Community law.
|
