THE HIGH CONTRACTING PARTIES TO THIS
CONVENTION,
ANXIOUS to strengthen in their territories
the legal protection of persons therein established,
CONSIDERING that it is necessary for this purpose
to determine the international jurisdiction of their courts, to facilitate
recognition and to introduce an expeditious procedure for securing the
enforcement of judgments, authentic instruments and court settlements,
AWARE of the links between them, which have
been sanctioned in the economic field by the free trade agreements concluded
between the European Economic Community and the States members of the European
Free Trade Association,
TAKING INTO ACCOUNT the Brussels Convention
of 27 September 1968 on jurisdiction and the enforcement of judgments in civil
and commercial matters, as amended by the Accession Conventions under the
successive enlargements of the European Communities,
PERSUADED that the extension of the
principles of that Convention to the States parties to this instrument will
strengthen legal and economic cooperation in Europe,
DESIRING to ensure as uniform an
interpretation as possible of this instrument,
HAVE in this spirit DECIDED to conclude this
Convention and
HAVE AGREED AS FOLLOWS:
[omissis]
[omissis]
Persons domiciled in a Contracting State may
be sued in the courts of another Contracting State only by virtue of the rules
set out in Sections 2 to 6 of this Title.
In particular the following provisions shall
not be applicable as against them:
- in Belgium: Article 15 of the civil code
(Code civil - Burgerlijk Wetboek) and Article 638 of the judicial code (Code
judiciaire - Gerechtelijk Wetboek),
- in Denmark: Article 246 (2) and (3) of the
law on civil procedure (Lov om rettens pleje),
- in the Federal Republic of Germany:
Article 23 of the code of civil procedure (ZivilprozeЯordnung),
- in Greece: Article 40 of the code of civil
procedure (),
- in France: Articles 14 and 15 of the civil
code (Code civil),
- in Ireland: the rules which enable jurisdiction
to be founded on the document instituting the proceedings having been served on
the defendant during his temporary presence in Ireland,
- in Iceland: Article 77 of the Civil
Proceedings Act (lцg um meрferр einkamбla н hйraрi),
- in Italy: Articles 2 and 4, Nos 1 and 2 of
the code of civil procedure (Codice di procedura civile),
- in Luxembourg: Articles 14 and 15 of the
civil code (Code civil),
- in the Netherlands: Articles 126 (3) and
127 of the code of civil procedure (Wetboek van Burgerlijke Rechtsvordering),
- in Norway: Section 32 of the Civil
Proceedings Act (tvistemеlsloven),
- in Austria: Article 99 of the Law on Court
Jurisdiction (Jurisdiktionsnorm),
- in Portugal: Articles 65 (1) (c), 65 (2)
and 65A (c) of the code of civil procedure (Cуdigo de Processo Civil) and
Article 11 of the code of labour procedure (Cуdigo de Processo de Trabalho),
- in Switzerland: le for du lieu du
sйquestre /Gerichtsstand des Arrestortes / foro del luogo del sequestro within
the meaning of Article 4 of the loi fйdйrale sur le droit international privй /
Bundesgesetz ьber das internationale Privatrecht / legge federale sul diritto
internazionale privato,
- in Finland: the second, third and fourth
sentences of Section 1 of Chapter 10 of the Code of Judicial Procedure
(oikeudenkдymiskaari / rдttegеngsbalken),
- in Sweden: the first sentence of Section 3
of Chapter 10 of the Code of Judicial Procedure (Rдttegеngsbalken),
- in the United Kingdom: the rules which
enable jurisdiction to be founded on:
(a) the document instituting the proceedings having been served
on the defendant during his temporary presence in the United Kingdom; or
(b) the presence within the United Kingdom of property belonging
to the defendant; or
(c) the seizure by the plaintiff of property situated in the
United Kingdom.
[omissis]
A person domiciled in a Contracting State
may, in another Contracting State, be sued:
1. in matters relating to a contract, in the
courts for the place of performance of the obligationin question; in matters
relating to individual contracts of employment, this place is that where the
employee habitually carries out his work, or if the employee does not
habitually carry out his work in any one country, this place shall be the place
of business through which he was engaged;
2. in matters relating to maintenance, in
the courts for the place where the maintenance creditor is domiciled or
habitually resident or, if the matter is ancillary to proceedings concerning the
status of a person, in the court which, according to its own law, has
jurisdiction to entertain those proceedings, unless that jurisdiction is based
solely on the nationality of one of the parties;
3. in matters relating to tort, delict or
quasi-delict, in the courts for the place where the harmful event occurred;
4. as regards a civil claim for damages or
restitution which is based on an act giving rise to criminal proceedings, in
the court seised of those proceedings, to the extent that that court has jurisdiction
under its own law to entertain civil proceedings;
5. as regards a dispute arising out of the
operations of a branch, agency or other establishment, in the courts for the
place in which the branch, agency or other establishment is situated;
6. in his capacity as settlor, trustee or
beneficiary of a trust created by the operation of a statute, or by a written
instrument, or created orally and evidenced in writing, in the courts of the
Contracting State in which the trust is domiciled;
7. as regards a dispute concerning the
payment of remuneration claimed in respect of the salvage of a cargo or
freight, in the court under the authority of which the cargo or freight in
question:
(a) has been arrested to secure such payment,
or
(b) could have been so arrested, but bail or other security has
been given;
provided that this provision shall apply only if it is claimed
that the defendant has an interest in the cargo or freight or had such an
interest at the time of salvage.
[omissis]
[omissis]
[omissis]
The following courts shall have exclusive
jurisdiction, regardless of domicile:
1. (a) in proceedings which have as their
object rights in rem in immovable property or tenancies of immovable
property, the courts of the Contracting State in which the property is
situated;
(b) however, in proceedings which have as their object tenancies
of immovable property concluded for temporary private use for a maximum period
of six consecutive months, the courts of the Contracting State in which the
defendant is domiciled shall also have jurisdiction, provided that the tenant
is a natural person and neither party is domiciled in the Contracting State in
which the property is situated;
2. in proceedings which have as their object
the validity of the constitution, the nullity or the dissolution of companies
or other legal persons or associations of natural or legal persons, or the
decisions of their organs, the courts of the Contracting State in which the
company, legal person or association has its seat;
3. in proceedings which have as their object
the validity of entries in public registers, the courts of the Contracting
State in which the register is kept;
4. in proceedings concerned with the
registration or validity of patents, trade marks, designs, or other similar
rights required to be deposited or registered, the courts of the Contracting
State in which the deposit or registration has been applied for, has taken
place or is under the terms of an international convention deemed to have taken
place;
5. in proceedings concerned with the
enforcement of judgments, the courts of the Contracting State in which the
judgment has been or is to be enforced.
1. If the parties, one or more of whom is
domiciled in a Contracting State, have agreed that a court or the courts of a
Contracting State are to have jurisdiction to settle any disputes which have
arisen or which may arise in connection with a particular legal relationship,
that court or those courts shall have exclusive jurisdiction. Such an agreement
conferring jurisdiction shall be either:
(a) in writing or evidenced in writing, or
(b) in a form which accords with practices
which the parties have established between themselves, or
(c) in international trade or commerce, in a
form which accords with a usage of which the parties are or ought to have been
aware and which in such trade or commerce is widely known to, and regularly
observed by, partiesto contracts of the type involved in the particular trade
or commerce concerned.
Where such an agreement is concluded by
parties, none of whom is domiciled in a Contracting State, the courts of other
Contracting States shall have no jurisdiction over their disputes unless the
court or courts chosen have declined jurisdiction.
2. The court or courts of a Contracting
State on which a trust instrument has conferred jurisdiction shall have
exclusive jurisdiction in any proceedings brought against a settlor, trustee or
beneficiary, if relations between these persons or their rights or obligations
under the trust are involved.
3. Agreements or provisions of a trust
instrument conferring jurisdiction shall have no legal force if they are
contrary to the provisions of Article 12 or 15, or if the courts whose
jurisdiction they purport to exclude have exclusive jurisdiction by virtue of
Article 16.
4. If an agreement conferring jurisdiction
was concluded for the benefit of only one of the parties, that party shall
retain the right to bring proceedings in any other court which has jurisdiction
by virtue of this Convention.
5. In matters relating to individual
contracts of employment an agreement conferring jurisdiction shall have legal
force only if it is entered into after the dispute has arisen.
[omissis]
[omissis]
[omissis]
[omissis]
[omissis]
[omissis]
Moreover, a judgment shall not be recognized
if it conflicts with the provisions of Sections 3, 4 or 5 of Title II or in a
case provided for in Article 59.
A judgment may furthermore be refused
recognition in any case provided for in Article 54B (3) or 57 (4).
In its examination of the grounds of
jurisdiction referred to in the foregoing paragraphs, the court or authority
applied to shall be bound by the findings of fact on which the court of the
State of origin based its jurisdiction.
Subject to the provisions of the first and
second paragraphs, the jurisdiction of the court of the State of origin may not
be reviewed; the test of public policy referred to in Article 27 (1) may
not be applied to the rules relating to jurisdiction.
[omissis]
[omissis]
1. The application shall be submitted:
- in Belgium, to the tribunal de premiиre
instance or rechtbank van eerste aanleg,
- in Denmark, to the byret,
- in the Federal Republic of Germany, to the
presiding judge of a chamber of the Landgericht,
- in Greece, to the ,
- in Spain, to the Juzgado de Primera
Instancia,
- in France, to the presiding judge of the
tribunal de grande instance,
- in Ireland, to the High Court,
- in Iceland, to the hйraрsdуmari,
- in Italy, to the corte d'appello,
- in Luxembourg, to the presiding judge of
the tribunal d'arrondissement,
- in the Netherlands, to the presiding judge
of the arrondissementsrechtbank,
- in Norway, to the herredsrett or byrett as
namsrett,
- in Austria, to the Landesgericht or the
Kreisgericht,
- in Portugal, to the Tribunal Judicial de
Cнrculo,
- in Switzerland:
(a) in respect of judgments ordering the payment of a sum of
money, to the juge de la mainlevйe / Rechtsцffnungsrichter / giudice competente
a pronunciare sul rigetto dell'opposizione, within the framework of the
procedure governed by Articles 80 and 81 of the loi fйdйrale sur la poursuite
pour dettes et la faillite / Bundesgesetz ьber Schuldbetreibung und Konkurs /
legge federale sulla esecuzione e sul fallimento;
(b) in respect of judgments ordering a performance other than
the payment of a sum of money, to the juge cantonal d'exequatur compйtent /
zustдndiger kantonaler Vollstreckungsrichter /giudice cantonale competente a
pronunciare l'exequatur,
- in Finland, to the ulosotonhaltija
/цverexekutor,
- in Sweden, to the Svea hovrдtt,
- in the United Kingdom:
(a) in England and Wales, to the High Court of Justice, or in
the case of a maintenance judgment to the Magistrates' Court on transmission by
the Secretary of State;
(b) in Scotland, to the Court of Session, or in the case of a
maintenance judgment to the Sheriff Court on transmission by the Secretary of
State;
(c) in Northern Ireland, to the High Court of Justice, or in the
case of a maintenance judgment to the Magistrates' Court on transmission by the
Secretary of State.
2. The jurisdiction of local courts shall be
determined by reference to the place of domicile of the party against whom
enforcement is sought. If he is not domiciled in the State in which enforcement
is sought, it shall be determined by reference to the place of enforcement.
[omissis]
1. An appeal against the decision
authorizing enforcement shall be lodged in accordance with the rules governing
procedure in contentious matters:
- in Belgium, with the tribunal de premiиre
instance or rechtsbank van eerste aanleg,
- in Denmark, with the landsret,
- in the Federal Republic of Germany, with the
Oberlandesgericht,
- in Greece, with the ,
- in Spain, with the Audiencia Provincial,
- in France, with the cour d'appel,
- in Ireland, with the High Court,
- in Iceland, with the hйraрsdуmari,
- in Italy, with the corte d'appello,
- in Luxembourg, with the Cour supйrieure de
justice sitting as a court of civil appeal,
- in the Netherlands, with the
arrondissementsrechtbank,
- in Norway, with the lagmannsrett,
- in Austria, with the Landesgericht or the
Kreisgericht,
- in Portugal, with the Tribunal da Relaзгo,
- in Switzerland, with the tribunal cantonal
/Kantonsgericht / tribunale cantonale,
- in Finland, with the hovioikeus / hovrдtt,
- in Sweden, with the Svea hovrдtt,
- in the United Kingdom:
(a) in England and Wales, with the High Court of Justice, or in
the case of amaintenance judgment with the Magistrates' Court;
(b) in Scotland, with the Court of Session, or in the case of a
maintenance judgment with the Sheriff Court;
(c) in Northern Ireland, with the High Court of Justice, or in
the case of a maintenance judgment with the Magistrates' Court.
2. The judgment given on the appeal may be
contested only:
- in Belgium, Greece, Spain, France, Italy,
Luxembourg and in the Netherlands, by an appeal in cassation,
- in Denmark, by an appeal to the
hшjesteret, with the leave of the Minister of Justice,
- in the Federal Republic of Germany, by a
Rechtsbeschwerde,
- in Ireland, by an appeal on a point of law
to the Supreme Court,
- in Iceland, by an appeal to the
Hжstirйttur,
- in Norway, by an appeal (kjжremеl or anke)
to the Hoyesteretts Kjжremеlsutvalg or Hoyesterett,
- in Austria, in the case of an appeal, by a
Revisionsrekurs and, in the case of opposition proceedings, by a Berufung with
the possibility of a Revision,
- in Portugal, by an appeal on a point of
law,
- in Switzerland, by a recours de droit
public devant le tribunal fйdйral / staatsrechtliche Beschwerde beim
Bundesgericht / ricorso di diritto pubblico davanti al tribunale federale,
- in Finland, by an appeal to the korkein
oikeus / hцgsta domstolen,
- in Sweden, by an appeal to the hцgsta
domstolen,
- in the United Kingdom, by a single further
appeal on a point of law.
[omissis]
1. If the application for enforcement is
refused, the applicant may appeal:
- in Belgium, to the cour d'appel or hof van
beroep,
- in Denmark, to the landsret,
- in the Federal Republic of Germany, to the
Oberlandesgericht,
- in Greece, to the ,
- in Spain, to the Audiencia Provincial,
- in France, to the cour d'appel,
- in Ireland, to the High Court,
- in Iceland, to the hйraрsdуmari,
- in Italy, to the corte d'appello,
- in Luxembourg, to the Cour supйrieure de
justice sitting as a court of civil appeal,
- in the Netherlands, to the gerechtshof,
- in Norway, to the lagmannsrett,
- in Austria, to the Landesgericht or the
Kreisgericht,
- in Portugal, to the Tribunal da Relaзгo,
- in Switzerland, to the tribunal cantonal
/Kantonsgericht / tribunale cantonale,
- in Finland, to the hovioikeus / hovrдtt,
- in Sweden, to the Svea hovrдtt,
- in the United Kingdom:
(a) in England and Wales, to the High Court of Justice, or in
the case of a maintenance judgment to the Magistrates' Court;
(b) in Scotland, to the Court of Session, or in the case of a maintenance
judgment to the Sheriff Court;
(c) in Northern Ireland, to the High Court of Justice, or in the
case of a maintenance judgment to the Magistrates' Court.
2. The party against whom enforcement is
sought shall be summoned to appear before the appellate court. If he fails to
appear, the provisions of the second and third paragraphs of Article 20 shall
apply even where he is not domiciled in any of the Contracting States.
A judgment given on an appeal provided for
in Article 40 may be contested only:
- in Belgium, Greece, Spain, France, Italy,
Luxembourg and in the Netherlands, by an appeal in cassation,
- in Denmark, by an appeal to the
hшjesteret, with the leave of the Minister of Justice,
- in the Federal Republic of Germany, by a
Rechtsbeschwerde,
- in Ireland, by an appeal on a point of law
to the Supreme Court,
- in Iceland, by an appeal to the
Hжstirйttur,
- in Norway, by an appeal (kjжremеl or anke)
to the Hoyesteretts kjжremеlsutvalg or Hoyesterett,
- in Austria, by a Revisionsrekurs,
- in Portugal, by an appeal on a point of
law,
- in Switzerland, by a recours de droit
public devant le tribunal fйdйral / staatsrechtliche Beschwerde beim
Bundesgericht / ricorso di diritto pubblico davanti al tribunale federale,
- in Finland, by an appeal to the korkein
oikeus / hцgsta domstolen,
- in Sweden, by an appeal to the hцgsta
domstolen,
- in the United Kingdom, by a single further
appeal on a point of law.
[omissis]
[omissis]
[omissis]
[omissis]
The provisions of this Convention shall apply
only to legal proceedings instituted and to documents formally drawn up or
registered as authentic instruments after its entry into force in the State of
origin and, where recognition or enforcement of a judgment or authentic
instrument is sought, in the State addressed.
However, judgments given after the date of
entry into force of this Convention between the State of origin and the State
addressed in proceedings instituted before that date shall be recognized and
enforced in accordance with the provisions of TitleIII if jurisdiction was
founded upon rules which accorded with those provided for either in Title II of
this Convention or in a convention concluded between the State of origin and
the State addressed which was in force when the proceedings were instituted.
If the parties to a dispute concerning a
contract had agreed in writing before the entry into force of this Convention
that the contract was to be governed by the law of Ireland or of a part of the
United Kingdom, the courts of Ireland or of that part of the United Kingdom
shall retain the right to exercise jurisdiction in the dispute.
For a period of three years from the entry
into force of this Convention for Denmark, Greece, Ireland, Iceland, Norway,
Finland and Sweden, respectively, jurisdiction in maritime matters shall be
determined in these States not only in accordance with the provisions of Title
II, but also in accordance with the provisions of paragraphs 1 to 7 following.
However, upon the entry into force of the International Convention relating to
the arrest of sea-going ships, signed at Brussels on 10 May 1952, for one of
these States, these provisions shall cease to have effect for that State.
1. A person who is domiciled in a
Contracting State may be sued in the courts of one of the States mentioned
above in respect of a maritime claim if the ship to which the claim relates or
any other ship owned by him has been arrested by judicial process within the
territory of the latter State to secure the claim, or could have been so
arrested there but bail or other security has been given, and either:
(a) the claimant is domiciled in the latter State; or
(b) the claim arose in the latter State; or
(c) the claim concerns the voyage during which the arrest was
made or could have been made; or
(d) the claim arises out of a collision or out of damage caused
by a ship to another ship or to goods or persons on board either ship, either
by the execution or non-execution of amanoeuvre or by the non-observance of
regulations; or
(e) the claim is for salvage; or
(f) the claim is in respect of a mortgage or hypothecation of
the ship arrested.
2. A claimant may arrest either the
particular ship to which the maritime claim relates, or any other ship which is
owned by the person who was, at the time when the maritime claim arose, the
owner of the particular ship. However, only the particular ship to which the
maritime claim relates may be arrested in respect of the maritime claims set
out under 5. (o), (p) or (q) of this Article.
3. Ships shall be deemed to be in the same
ownership when all the shares therein are owned by the same person or persons.
4. When in the case of a charter by demise
of a ship the charterer alone is liable in respect of a maritime claim relating
to that ship, the claimant may arrest that ship or any other ship owned by the
charterer, but no other ship owned by the owner may be arrested in respect of
such claim. The same shall apply to any case in which a person other than the
owner of a ship is liable in respect of a maritime claim relating to that ship.
5. The expression `maritime claim' means a
claim arising out of one or more of the following:
(a) damage caused by any ship either in collision or otherwise;
(b) loss of life or personal injury caused by any ship or occurring
in connection with the operation of any ship;
(c) salvage;
(d) agreement relating to the use or hire of any ship whether by
charterparty or otherwise;
(e) agreement relating to the carriage of goods in any ship
whether by charterparty or otherwise;
(f) loss of or damage to goods including baggage carried in any
ship;
(g) general average;
(h) bottomry;
(i) towage;
(j) pilotage;
(k) goods or materials wherever supplied to a ship for her
operation or maintenance;
(l) construction, repair or equipment of any ship or dock
charges and dues;
(m) wages of masters, officers or crew;
(n) master's disbursements, including disbursements made by
shippers, charterers or agents on behalf of a ship or her owner;
(o) dispute as to the title to or ownership of any ship;
(p) disputes between co-owners of any ship as to the ownership,
possession, employment or earnings of that ship;
(q) the mortgage or hypothecation of any ship.
6. In Denmark, the expression `arrest' shall
be deemed as regards the maritime claims referred to under 5. (o) and (p) of
this Article, to include a `forbud', where that is the only procedure allowed
in respect of such a claim under Articles 646 to 653 of the law on civil
procedure (lov om rettens pleje).
7. In Iceland, the expression `arrest' shall
be deemed, as regards the maritime claims referred to under 5. (o) and (p) of
this Article, to include a `lцgbann', where that is the only procedure allowed
in respect of such a claim under Chapter III of the law on arrest and
injunction (lцg um kyrrsetningu og lцgbann).
1. This Convention shall not prejudice the
application by the Member States of the European Communities of the Convention
on Jurisdiction and the Enforcement of Judgments in Civil and Commercial
Matters, signed at Brussels on 27 September 1968 and of the Protocol on
interpretation of that Convention by the Court of Justice, signed at Luxembourg
on 3 June 1971, as amended by the Conventions of Accession to the said
Convention and the said Protocol by the States acceding to the European
Communities, all of these Conventions and the Protocol being hereinafter
referred to as the `Brussels Convention'.
2. However, this Convention shall in any
event be applied:
(a) in matters of jurisdiction, where the defendant is domiciled
in the territory of a Contracting State which is not a member of the European
Communities, or where Article 16 or 17 of this Convention confer a jurisdiction
on the courts of such a Contracting State;
(b) in relation to a lis pendens or to related actions as
provided for in Articles 21 and 22, when proceedings are instituted in a
Contracting State which is not a member of the European Communities and in a
Contracting State which is a member of the European Communities;
(c) in matters of recognition and enforcement, where either the
State of origin or the State addressed is not a member of the European
Communities.
3. In addition to the grounds provided for in
Title III recognition or enforcement may be refused if the ground of
jurisdiction on which the judgment has been based differs from that resulting
from this Convention and recognition or enforcement is sought against a party
who is domiciled in a Contracting State which is not a member of the
EuropeanCommunities, unless the judgment may otherwise be recognized or
enforced under any rule of law in the State addressed.
Subject to the provisions of Articles 54 (2)
and 56, this Convention shall, for the States which are parties to it,
supersede the following conventions concluded between two or more of them:
- the Convention between the Swiss
Confederation and France on jurisdiction and enforcement of judgments in civil
matters, signed at Paris on 15 June 1869,
- the Treaty between the Swiss Confederation
and Spain on the mutual enforcement of judgments in civil or commercial
matters, signed at Madrid on 19 November 1896,
- the Convention between the Swiss
Confederation and the German Reich on the recognition and enforcement of
judgments and arbitration awards, signed at Berne on 2 November 1929,
- the Convention between Denmark, Finland,
Iceland, Norway and Sweden on the recognition and enforcement of judgments,
signed at Copenhagen on 16 March 1932,
- the Convention between the Swiss
Confederation and Italy on the recognition and enforcement of judgments, signed
at Rome on 3 January 1933,
- the Convention between Sweden and the
Swiss Confederation on the recognition and enforcement of judgments and arbitral
awards, signed at Stockholm on 15 January 1936,
- the Convention between the Kingdom of
Belgium and Austria on the reciprocal recognition and enforcement of judgments
and authentic instruments relating to maintenance obligations, signed at Vienna
on 25 October 1957,
- the Convention between the Swiss
Confederation and Belgium on the recognition and enforcement of judgments and
arbitration awards, signed at Berne on 29 April 1959,
- the Convention between the Federal
Republic of Germany and Austria on the reciprocal recognition and enforcement
of judgments, settlements and authentic instruments in civil and commercial
matters, signed at Vienna on 6 June 1959,
- the Convention between the Kingdom of
Belgium and Austria on the reciprocal recognition and enforcement of judgments,
arbitral awards and authentic instruments in civil and commercial matters,
signed at Vienna on 16 June 1959,
- the Convention between Austria and the
Swiss Confederation on the recognition and enforcement of judgments, signed at
Berne on 16 December 1960,
- the Convention between Norway and the
United Kingdom providing for the reciprocal recognition and enforcement of
judgments in civil matters, signed at London on 12 June 1961,
- the Convention between the United Kingdom
and Austria providing for the reciprocal recognition and enforcement of
judgments in civil and commercial matters, signed at Vienna on 14 July 1961,
with amending Protocol signed at London on 6 March 1970,
- the Convention between the Kingdom of the
Netherlands and Austria on the reciprocal recognition and enforcement of
judgments and authentic instruments in civil and commercial matters, signed at
The Hague on 6 February 1963,
- the Convention between France and Austria
on the recognition and enforcement of judgments and authentic instruments in
civil and commercial matters, signed at Vienna on 15 July 1966,
- the Convention between Luxembourg and
Austria on the recognition and enforcement of judgements and authentic
instruments in civil and commercial matters, signed at Luxembourg on 29 July
1971,
- the Convention between Italy and Austria
on the recognition and enforcement of judgments in civil and commercial
matters, of judicial settlements and of authentic instruments, signed at Rome
on 16 November 1971,
- the Convention between Norway and the
Federal Republic of Germany on the recognition and enforcement of judgments and
enforceable documents, in civil and commercial matters, signed at Oslo on 17
June 1977,
- the Convention between Denmark, Finland,
Iceland, Norway and Sweden on the recognition and enforcement of judgments in
civil matters, signed at Copenhagen on 11 October 1977,
- the Convention between Austria and Sweden
on the recognition and enforcement of judgments in civil matters, signed at
Stockholm on 16 September 1982,
- the Convention between Austria and Spain
on the recognition and enforcement of judgments, settlements and enforceable
authentic instruments in civil and commercial matters, signed at Vienna on 17
February 1984,
- the Convention between Norway and Austria
on the recognition and enforcement of judgments in civil matters, signed at
Vienna on 21 May 1984, and
- the Convention between Finland and Austria
on the recognition and enforcement of judgments in civil matters, signed at Vienna
on 17 November 1986.
[omissis]
1. This Convention shall not affect any
conventions to which the Contracting States are or will be parties and which in
relation to particular matters, govern jurisdiction or the recognition or enforcement
of judgments.
2. This Convention shall not prevent a court
of a Contracting State which is party to a convention referred to in the first
paragraph from assuming jurisdiction in accordance with that convention, even
where the defendant is domiciled in a Contracting State which is not a party to
that convention. The court hearing the action shall, in any event, apply
Article 20 of this Convention.
3. Judgments given in a Contracting State by
a court in the exercise of jurisdiction provided for in a convention referred
to in the first paragraph shall be recognized and enforced in the other
Contracting States in accordance with Title III of this Convention.
4. In addition to the grounds provided for
in Title III, recognition or enforcement may be refused if the State addressed
is not a contracting party to a convention referred to in the first paragraph
and the person against whom recognition or enforcement is sought is domiciled
in that State, unless the judgment may otherwise be recognized or enforced
under any rule of law in the State addressed.
5. Where a convention referred to in the
first paragraph to which both the State of origin and the State addressed are
parties lays down conditions for the recognition or enforcement of judgments,
those conditions shall apply. In any event, the provisions of this Convention
which concern the procedures for recognition and enforcement of judgments may
be applied.
[omissis]
The following may be parties to this
Convention:
(a) States which, at the time of the opening
of this Convention for signature, are members of the European Communities or of
the European Free Trade Association;
(b) States which, after the opening of this
Convention for signature, become members of the European Communities or of the
European Free Trade Association;
(c) States invited to accede in accordance
with Article 62 (1) (b).
1. This Convention shall be opened for
signature by the States members of the European Communities or of the European
Free Trade Association.
2. The Convention shall be submitted for
ratification by the signatory States. The instruments of ratification shall be
deposited with the Swiss Federal Council.
3. The Convention shall enter into force on
the first day of the third month following the date on which two States, of
which one is a member of the European Communities and the other a member of the
European Free Trade Association, deposit their instruments of ratification.
4. The Convention shall take effect in
relation to any other signatory State on the first day of the third month
following the deposit of its instrument of ratification.
1. After entering into force this Convention
shall be open to accession by:
(a) the States referred to in Article 60
(b);
(b) other States which have been invited to
accede upon a request made by one of the Contracting States to the depositary
State. The depositary State shall invite the State concerned to accede only if,
after having communicated the contents of the communications that this State
intends to make in accordance with Article 63, it has obtained the unanimous
agreement of the signatory States and the Contracting States referred to in
Article 60 (a) and (b).
2. If an acceding State wishes to furnish
details for the purposes of Protocol 1, negotiations shall be entered into to
that end. A negotiating conference shall be convened by the Swiss Federal
Council.
3. In respect of an acceding State, the
Convention shall take effect on the first day of the third month following the
deposit of its instrument of accession.
4. However, in respect of an acceding State
referred to in paragraph 1 (a) or (b), the Convention shall take effect only in
relations between the acceding State and the Contracting States which have not
madeany objections to the accession before the first day of the third month
following the deposit of the instrument of acceၳsion.
Each acceding State shall, when depositing
its instrument of accession, communicate the information required for the
application of Articles 3, 32, 37, 40, 41 and 55 of this Convention and
furnish, if need be, the details prescribed during the negotiations for the
purposes of Protocol 1.
1. This Convention is concluded for an
initial period of five years from the date of its entry into force in
accordance with Article 61 (3), even in the case of States which ratify it or
accede to it after that date.
2. At the end of the initial five-year
period, the Convention shall be automatically renewed from year to year.
3. Upon the expiry of the initial five-year
period, any contracting State may, at any time, denounce the Convention by
sending a notification to the Swiss Federal Council.
4. The denunciation shall take effect at the
end of the calendar year following the expiry of a period of six months from
the date of receipt by the Swiss Federal Council of the notification of
denunciation.
The following are annexed to this
Convention:
- a Protocol 1, on certain questions of
jurisdiction, procedure and enforcement,
- a Protocol 2, on the uniform
interpretation of the Convention,
- a Protocol 3, on the application of
Article 57.
These Protocols shall form an integral part
of the Convention.
Any Contracting State may request the
revision of this Convention. To that end, the Swiss Federal Council shall issue
invitations to a revision conference within a period of six months from the
date of the request for revision.
The Swiss Federal Council shall notify the
States represented at the Diplomatic Conference of Lugano and the States who
have later acceded to the Convention of:
(a) the deposit of each instrument of
ratification or accession;
(b) the dates of entry into force of this
Convention in respect of the Contracting States;
(c) any denunciation received pursuant to
Article 64;
(d) any declaration received pursuant to
Article Ia of Protocol 1;
(e) any declaration received pursuant to
Article Ib of Protocol 1;
(f) any declaration received pursuant to
Article IV of Protocol 1;
(g) any communication made pursuant to
Article VI of Protocol 1.
This Convention, drawn up in a single
original in the Danish, Dutch, English, Finnish, French, German, Greek, Icelandic,
Irish, Italian, Norwegian, Portuguese, Spanish and Swedish languages, all
fourteen texts being equally authentic, shall be deposited in the archives of
the Swiss Federal Council. The Swiss Federal Council shall transmit a certified
copy to the Government of each State represented at the Diplomatic Conference
of Lugano and to the Government of each acceding State.
In witness whereof, the undersigned
Plenipotentiaries have signed this Convention.
Done at Lugano on the sixteenth day of
September in the year one thousand nine hundred and eighty-eight.
INTERNET SOURCE: http://curia.europa.eu/common/recdoc/convention/en/index.htm?57,6