Onder 5.27. Rechtbank Den Haag 20 april 2016

In light of their ordinary meaning, the wording of paragraphs 1 and 2 of Article 45 ECT – read in isolation and together – do not indicate that the Limitation Clause of paragraph 1 depends on the submission of a declaration under paragraph 2. Although the first paragraph contains an arrangement for provisional application, the same holds for the second paragraph. Nothing in the texts of these paragraphs indicates that paragraph 2 is intended as a procedure rule for the specification of the arrangement in paragraph 1. Article 45 paragraph 2 describes a specific regime that enables a Signatory to completely renounce provisional application, also if under paragraph 1 there is no impediment for provisional application, and therefore there is no incompatibility with national law. Furthermore, the word “ [n]otwithstanding ” used in Article 45 paragraph 2, which is used at the beginning of the second paragraph and which indicates a deviation from, and not continuation of, the first paragraph, and the word “ may ”, which refers to a possibility and not to a prescribed mechanism in conjunction with paragraph 1, indicate that Article 45 paragraph 2 does not contain a procedural rule to specify Article 45 paragraph 1. The ordinary meaning of the components of Article 45 mentioned here therefore leads to an explanation in which the first paragraph does not require a prior declaration.

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