Court of Justice (Full Court) 7 February 2006, C-1/03 (Opinion pursuant to Article 300(6) EC.)

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Upon a request by the Council pursuant to Article 300(6) EC, the Court of Justice addressed whether the European Community possesses exclusive or shared competence to conclude the new Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Finding that the envisaged agreement forms an indissociable whole whose provisions on jurisdiction and recognition and enforcement affect the unified and coherent system established internally by Council Regulation (EC) No 44/2001, the Court determined that the presence of a disconnection clause does not preclude such an effect. Consequently, the Court held that the conclusion of the new Lugano Convention falls entirely within the exclusive competence of the European Community.AI