The problems involved in the jurisdiction by consent provisions in article seventeen and the special rules for insurance claims in articles seven through fifteen have to some extent been dealt with by the provisions of the Judgments Accession Convention as have the problems arising under the hire purchase and credit sale transactions. Nevertheless, a comprehensive definition of the term "consumer sale" is needed from the European Court.
There can be little doubt that both lawyers and litigants who are affected by the Convention, would prefer to operate under the conflict of laws rules of their own nations which, although complex, were nevertheless familiar. The Convention will involve more lawyers and litigants in the civil and commercial law procedures and substantive laws of other contracting member states. Although this may result in the confusion of lawyers, litigants and judges, the substance of the Convention is founded on entirely feasible and practical concepts. There can also be no doubt that "the free movement of judgments, rights and liabilities" are essential to the workings of a Common Market.
Errol P. Mendes,
The Troublesome Workings of the Judgments Convention of the European Economic Community,
13 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vjtl/vol13/iss1/5