56In order to address the difficulties that might result from differences between the laws of the Member States on this point, Article 43 of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters (OJ 1978, L 304, p. 36) included the rule that a foreign judgment which orders a periodic payment by way of a penalty is to be enforceable in the Member State in which enforcement is sought only if the amount of the payment has been finally determined by the courts of the Member State of origin (see the report by Dr Schlosser on the Convention of 9 October 1978 on the Association of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland to the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters and to the Protocol on its interpretation by the Court of Justice (OJ 1979, C 59, p. 71, point 213). That rule has been restated in the same terms in Article 49 of Regulation No 44/2001.
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