Treaty of Amsterdam amending the Treaty on European Union, the treaties establishing the European Communities and certain related acts

Parties with reservations, declarations and objections

Party	Reservations / Declarations	Objections
Austria	Yes	No
Belgium	Yes	No
Cyprus	Yes	No
Czech Republic	Yes	No
Finland	Yes	No
France	Yes	No
Germany	Yes	No
Greece	Yes	No
Hungary	Yes	No
Italy	Yes	No
Latvia	Yes	No
Lithuania	Yes	No
Luxembourg	Yes	No
Netherlands, the Kingdom of the	Yes	No
Portugal	Yes	No
Romania	Yes	No
Slovenia	Yes	No
Spain	Yes	No
Sweden	Yes	No

Austria

21-07-1998

With reference to Article K.7 paragraph 2 of the Treaty on European Union as amended by the Treaty of Amsterdam, the Republic of Austria declares that it accepts the jurisdiction of the Court of Justice of the European Communities to give preliminary rulings as specified in paragraph 1 of that article, and determines in accordance with paragraph 3(b) of that article that any of its courts or tribunals may request the Court of Justice to give a preliminary ruling on a question raised in a case pending before it and concerning the validity or interpretation of an act referred to in paragraph 1 if that court or tribunal considers that a decision on the question is necessary to enable it to give judgment. The Republic of Austria also reserves the right, within the meaning of the declaration on Article K.7 adopted by the conference, to lay down provisions in its national law such that, if a question concerning the validity or interpretation of an act referred to in Article K.7 paragraph 1 is raised in a case pending before a national court or tribunal against whose decisions there is no judicial remedy under national law, that court or tribunal shall be required to refer the matter to the Court of Justice.

Belgium

19-02-1999

By a declaration made at the time of signature of the Treaty of Amsterdam, Belgium accepted the jurisdiction of the Court of Justice of the EC as specified in Article K.7 paragraphs 2 and 3 under the terms of paragraph 3(b). In making the aforesaid declaration, Belgium reserves the right to lay down provisions in its national law such that, if a question concerning the validity or interpretation of an act referred to in Article K.7 paragraph 1 is raised in a case pending before a national court or tribunal against whose decisions there is no judicial remedy under national law, that court or tribunal shall be required to refer the matter to the Court of Justice.

Cyprus

01-09-2009

The Republic of Cyprus accepts the jurisdiction of the Court of Justice to give preliminary rulings as specified in Article 35, paragraph 1 of the Treaty on European Union.
With the submission of this declaration, any court or tribunal of the Republic may request the Court of Justice to give a preliminary ruling on a question raised in a case pending before it and concerning the validity or the interpretation of an act referred to in the said Article 35, paragraph 1, if that court or tribunal considers that a decision on the question is necessary to enable it to give judgment.
The Republic of Cyprus has enacted internal legislation accroding to which, where any such question is raised in a case pending before a court or tribunal against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice.

Czech Republic

01-05-2004

The Czech Republic accepts the jurisdiction of the Court of Justice of the European Communities in accordance with the arrangements laid down in Article 35(2) and (3)(b) of the Treaty on European Union. The Czech Republic reserves the right to make provision in its national law that when a question concerning the validity or interpretation of an act referred to in Article 35(1) of the Treaty on European Union is raised in a case pending before a national court or tribunal against whose decisions there is no judicial remedy under national law, that court or tribunal is obliged to bring the matter before the Court of Justice.

Finland

15-07-1998

[Unofficial translation. The original declaration was filed in Finnish.]
Therefore, having considered and approved the said Treaty, I have decided to ratify it and confirm every provision thereof and to deposit a declaration as referred to in Article K.7 paragraph 2 of the Treaty on European Union as amended by the Treaty of Amsterdam, in accordance with paragraph 3(b) of that article: 'Finland accepts the jurisdiction of the Court of Justice of the European Communities to give preliminary rulings so that any national court or tribunal may request the Court of Justice of the European Communities to give a preliminary ruling on the validity and interpretation of an act adopted under Title VI of the Treaty on European Union.'

France

30-03-1999

The French Republic declares that it accepts the jurisdiction of the Court of Justice of the European Communities under the terms of Article 35 paragraph 3(b). The French Republic also reserves the right to lay down provisions in its national law such that, if a question concerning the validity or interpretation of an act referred to in Article 35 paragraph (i) is raised in a case pending before those of its courts or tribunals against whose decisions there is no judicial remedy under national law, those courts or tribunals shall be required to refer the matter to the Court of Justice if they consider that a decision on the question is necessary to enable them to give judgment.

Germany

07-05-1998

The Federal Republic of Germany accepts the jurisdiction of the Court of Justice of the European Communities under the terms of Article K.7 paragraph 3(b) of the Treaty on European Union. The Federal Republic of Germany reserves the right to lay down provisions in its national law such that, if a question concerning the validity or interpretation of an act referred to in Article K.7 paragraph 1 is raised in a case pending before a national court or tribunal against whose decisions there is no judicial remedy under national law, that court or tribunal shall be required to refer the matter to the Court of Justice.

Greece

23-03-1999

The Hellenic Republic declares that it accepts the jurisdiction of the Court of Justice of the European Communities in accordance with the arrangements laid down in Article 35(2) and (3)(b).

Hungary

01-05-2004

The Republic of Hungary declares that it accepts the jurisdiction of the Court of Justice of the European Communities in accordance with the arrangements laid down in Article 35(2) and (3)(b).

Italy

24-07-1998

In my capacity as Minister of Foreign Affairs of the Italian Republic, within the meaning of Article K.7 paragraph 2 of the Treaty of Amsterdam as adopted there on 2 October 1997, I hereby make the following declaration on behalf of the Government: Italy declares that it accepts the jurisdiction of the Court of Justice of the European Communities under the terms of Article K.7 paragraph 3(b). In making the aforesaid declaration, Italy reserves the right to lay down provisions in its national law such that, if a question concerning the validity or interpretation of an act referred to in Article K.7 paragraph 1 is raised in a case pending before a national court or tribunal against whose decisions there is no judicial remedy under national law, that court or tribunal shall be required to refer the matter to the Court of Justice.

Latvia

01-05-2004

The Republic of Latvia declares that it accepts the jurisdiction of the Court of Justice of the European Communities in accordance with the arrangements laid down in Article 35(2) and (3)(b).

Lithuania

01-05-2004

The Republic of Lithuania declares that it accepts the jurisdiction of the Court of Justice of the European Communities in accordance with the arrangements laid down in Article 35(2) and (3)(b).

Luxembourg

04-09-1998

I hereby reconfirm the declaration made by the Grand Duchy of Luxembourg at the COREPER meeting on 18 September 1997, whereby it declared that it accepted the jurisdiction of the Court of Justice of the European Communities under the terms of Article K.7 paragraph 3(b) of the Treaty of Amsterdam. In making the aforesaid declaration, the Grand Duchy of Luxembourg reserved the right to lay down provisions in its national law such that, if a question concerning the validity or interpretation of an act referred to in Article K.7 paragraph 1 is raised in a case pending before a national court or tribunal against whose decisions there is no institutional remedy under national law, that court or tribunal shall be required to refer the matter to the Court of Justice.

Netherlands, the Kingdom of the

31-12-1998

With reference to Article K.7 of the Treaty on European Union, the government of the Kingdom of the Netherlands declares that any court or tribunal in the Netherlands may request the Court of Justice of the European Communities to give a preliminary ruling on a question raised in a case pending before it and concerning the validity and interpretation of framework decisions and decisions, the interpretation of conventions established under Title VI and the validity and interpretation of measures implementing them if that court or tribunal considers that a decision on the question is necessary to enable it to give judgment. The government of the Kingdom of the Netherlands also declares that the Netherlands reserves the right to lay down provisions in its national law such that, if a question concerning the validity or interpretation of an act referred to in Article K.7 paragraph 1 is raised in a case pending before a national court or tribunal against whose decisions there is no judicial remedy under national law, that court or tribunal shall be required to refer the matter to the Court of Justice.

Portugal

19-03-1999

Under the terms of Article 35 (formerly Article K.7) of the Treaty on European Union, as amended by Article 1 paragraph 11 of the Treaty of Amsterdam, the Portuguese Republic declares as follows: (a) it accepts the jurisdiction of the Court of Justice of the European Communities to give preliminary rulings on the validity and interpretation of framework decisions and decisions, the interpretation of conventions established under Title VI of the Treaty on European Union and the validity and interpretation of measures implementing them; and (b) in this connection, in accordance with the rules laid down in Article 35 paragraph 3(b) (formerly Article K.7) of the Treaty on European Union, any national court or tribunal may request the Court of Justice to give a preliminary ruling on a question raised in a case pending before it and concerning the validity or interpretation of an act as referred to in paragraph 1 of the same article if they consider that a decision on the question is necessary to enable them to give judgment.

Romania

27-11-2009

Romania declares to accept the competence of the Court of Justice of the European Communities, according to article 35 second paragraph point b of the Treaty on European Union.
Romania reserves the right to introduce in the national law provisions indicating that any jurisdiction against whose decisions there is no judicial remedy under national law shall request the Court of Justice of the European Communities to give a preliminary ruling on a question raised in a case pending before it and concerning the validity or interpretation of an act referred to in article 35 paragraph 1 of the Treaty on European Union, if that court or tribunal considers that a decision on the question is necessary to enable it to give judgment.

Slovenia

01-05-2004

The Republic of Slovenia declares that it accepts the jurisdiction of the Court of Justice of the European Communities in accordance with the arrangements laid down in Article 35(2) and (3)(b).
The Republic of Slovenia reserves the right to make provision in its national law that when a question concerning the validity or interpretation of an act referred to in Article 35(1) is raised in a case pending before a national court or tribunal against whose decisions there is no judicial remedy under national law, that court or tribunal is obliged to bring the matter before the Court of Justice.

Spain

05-01-1999

The Kingdom of Spain declares that it accepts the jurisdiction of the Court of Justice to give preliminary rulings as specified in Article K.7 paragraph 2, under the terms of paragraph 3(a) of that article. The Kingdom of Spain reserves the right to lay down provisions in its national law such that, if a question concerning the validity or interpretation of one of the acts referred to in Article K.7 paragraph 1 is raised a case pending before a national court or tribunal against whose decisions there is no judicial remedy under national law, that court or tribunal shall be required to refer the matter to the Court of Justice.

Sweden

15-05-1998

I further declare that in accordance with the new Article K.7 paragraph 2 of the Treaty on European Union Sweden accepts the jurisdiction of the Court of Justice of the European Communities to give preliminary rulings as specified in the new Article K.7 paragraph 1 of the Treaty on European Union and that in accordance with the new Article K.7 paragraph 3(b) of the Treaty on European Union any Swedish court or tribunal may request the Court of Justice to give a preliminary ruling on a question raised in a case pending before it and concerning the validity or interpretation of an act referred to in paragraph 1 if that court or tribunal considers that a decision on the question is necessary to enable it to give judgment.