38By use of the words ‘or will be’, Article 57(1) of the Brussels Convention made it clear that the rules contained in that convention did not preclude the application of different rules to which the Contracting States would agree in the future through the conclusion of specialised conventions. Those words were not reproduced in Article 71(1) of Regulation No 44/2001. Accordingly, that provision does not enable the Member States to introduce, by concluding new specialised conventions or amending conventions already in force, rules which would prevail over those of Regulation No 44/2001. This finding is confirmed by the case-law stating that, as and when common rules come into being, the Member States no longer have the right to conclude international agreements affecting those rules (see, inter alia, Case 22/70 Commission v Council (ERTA) [1971] ECR 263, paragraphs 17 to 19, and Case C-467/98 Commission v Denmark (Open Skies) [2002] ECR I-9519, paragraph 77).
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