———————— 
Number 7 of 2012 
———————— 
JURISDICTION OF COURTS AND ENFORCEMENT OF
 
JUDGMENTS (AMENDMENT) ACT 2012
 
———————— 
ARRANGEMENT OF SECTIONS 
Section 
1.	 Amendment of Jurisdiction of Courts and Enforcement of 
Judgments Act 1998. 
2. Amendment of Maintenance Act 1994. 
3.	 Repeal of Part III of Jurisdiction of Courts and Enforcement 
of Judgments Act 1998. 
4. Short title, collective citation and construction. 
SCHEDULE 
———————— 
1 [No. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
Acts Referred to 
Civil Law (Miscellaneous Provisions) Act 2011 2011, No. 23
 
Courts (Supplemental Provisions) Acts 1961 to 2008
 
Defence Act 1954 1954, No. 18
 
Enforcement of Court Orders Act 1940 1940, No. 23
 
Family Law (Maintenance of Spouses and Children) Act
 
1976 1976, No. 11
 
Family Law Act 1995 1995, No. 26
 
Jurisdiction of Courts and Enforcement of Judgments Act
 
1998 1998, No. 52
 
Maintenance Act 1994 1994, No. 28
 
Status of Children Act 1987 1987, No. 26
 
Trustee Savings Banks Acts 1989 and 2001
 
2
 ———————— 
Number 7 of 2012 
———————— 
JURISDICTION OF COURTS AND ENFORCEMENT OF
 
JUDGMENTS (AMENDMENT) ACT 2012
 
———————— 
AN ACT TO GIVE EFFECT TO THE CONVENTION ON 
JURISDICTION AND THE RECOGNITION AND 
ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS SIGNED AT LUGANO ON THE 30TH DAY OF OCTOBER 2007 AND CONCLUDED ON BEHALF OF THE EUROPEAN COMMUNITY PURSUANT TO COUNCIL DECISION 2009/430/EC
1, AND 
FOR THAT PURPOSE TO AMEND THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS ACT 1998 AND THE MAINTENANCE ACT 1994 AND TO PROVIDE FOR RELATED MATTERS. 
[10th March, 2012] 
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: 
1.—The Jurisdiction of Courts and Enforcement of Judgments Act 
1998 is amended— 
(a) by inserting the following Part after Part III: 
“PART IIIA 
2007 Lugano Convention 
Interpretation 20A.—(1) In this Part— of this Part. 
‘Convention’ means the Convention on 
jurisdiction and the recognition and 
enforcement of judgments in civil and com­mercial matters signed at Lugano on 30 October 2007 and concluded on behalf of the European Community pursuant to Council Decision 2009/430/EC and the Pro­tocols and Annexes thereto (the text of which, in the English language, is, for con­venience of reference, set out in the Tenth Schedule); 
1OJ No. L147 of 10.6.2009, p. 1 Amendment of 
Jurisdiction of Courts and Enforcement of Judgments Act 1998. 
3 S.1 [No. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
‘Convention court’ means a court of a state 
bound by the Convention; 
‘enforceable maintenance order’ means— 
(a) a maintenance order respecting 
all of which an enforcement 
order has been made, or 
(b) if an enforcement order has been 
made respecting only part of a maintenance order, the main­tenance order to the extent to which it is so ordered to be enforced; 
‘enforcement order’ means an order for the 
recognition or enforcement of all or part of a judgment where the order— 
(a) is made by the Master of the 
High Court under section 20E, or 
(b) is made or varied— 
(i)	 on appeal from a decision 
of the Master under that section, or 
(ii)	 on appeal from a decision of 
the High Court on such an appeal; 
‘judgment’ means a judgment or order (by 
whatever name called) that is a judgment for the purposes of the Convention and, except in sections 20H and 20J, includes an authentic instrument within the meaning of Article 57 and a settlement referred to in Article 58; 
‘maintenance’ means maintenance within 
the meaning of the Convention; 
‘maintenance creditor’ means, in relation to 
a maintenance order, the person entitled to 
the payments for which the order provides; 
‘maintenance debtor’ means, in relation to 
a maintenance order, the person who is 
liable to make a payment under the order; 
‘maintenance order’ means a judgment 
relating to maintenance; ‘state bound by the Convention’ means a 
state, other than the State, respecting which 
the Convention has entered into force in accordance with Article 69 or 70 of that Convention. 
4 S.1 [2012.] Jurisdiction of Courts and Enforcement [No. 7.] 
of Judgments (Amendment) Act 2012. 
(2) (a) A word or expression that is used 
in this Part and is also used in 
the Convention has, unless the context otherwise requires, the same meaning in this Part as it has in the Convention, and 
(b) a reference to an Article is a ref­
erence to an Article of the Convention. 
(3) The definition of ‘judgment’ in sub­
section (1) shall not be construed to limit the effect of Article 64 of the Convention. 
Convention to 20B.—The Convention has force of law
 
have force of in the State.
 
law.
 
Interpretation 20C.—(1) Judicial notice shall be taken 
of Convention. of the Convention and of— 
(a) any decision of the courts 
of other states bound by 
the Convention concerning the Convention, 
(b) any relevant decision concerning 
the Convention on jurisdiction and the enforcement of judgments in civil and commer­cial matters done at Lugano on the 16th day of September 1988, and 
(c) any relevant decision concerning 
the instruments referred to in Article 64(1), 
and a court shall, when interpreting and applying the Convention, take due account of the principles laid down by those decisions. 
(2) Judicial notice shall be taken of the 
explanatory report prepared by Professor Fausto Pocar on the Convention on juris­diction and the recognition and enforce­ment of judgments in civil and commercial matters, signed at Lugano on 30 October 2007
2. 
(3) The explanatory report referred to in 
subsection (2) may be considered when interpreting the meaning of any provision of the Convention and shall be given such weight as is appropriate in the cir­cumstances. 
Orders. 20D.—(1) The Minister for Foreign 
Affairs and Trade may, by order, declare— 
2OJ No. C319 of 23.12.2009, p. 1 
5 S.1 [No. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
(a) that a state specified in the order 
is a state bound by the 
Convention, 
(b) that a denunciation has been 
made pursuant to Article 74 of the Convention, or 
(c) that a communication or declar­
ation has been made pursuant to Article 69(3) or 71 of the Convention. 
(2) The text of a denunciation, com­
munication or declaration referred to in subsection (1) shall be set out in the order declaring that the denunciation, communi­cation or declaration has been made. 
(3) An order that is in force— 
(a) under subsection (1)(a), shall be 
evidence that any state to which the declaration relates is a state bound by the Convention, and 
(b) under subsection (1)(b)o r ( c), 
shall be evidence that the denunciation, communication or declaration, the text of which is set out in the order, was made and evidence of its contents. 
Applications 20E.—(1) An application under the 
for recognition Convention for the recognition or enforce-
or ment in the State of a judgment shall be enforcement of made to the Master of the High Court. judgments. 
(2) The Master of the High Court shall 
determine an application referred to in sub­section (1) in accordance with the Convention. 
(3) If the application is for the enforce­
ment of a judgment, the Master of the High Court shall declare the judgment enforce­able immediately on completion of the for­malities provided for in Article 53 without any review under Articles 34 and 35 and shall make an enforcement order in relation to the judgment. 
(4) An order under subsection (2) may 
provide for the recognition or enforcement of only part of the judgment concerned. 
(5) For the purposes of this Part refer­
ences in Articles 42, 43, 45, 47, 48, 52, 53 and 57 to a declaration of enforceability may be treated as references to an enforce­ment order. 
6 S.1 [2012.] Jurisdiction of Courts and Enforcement [No. 7.] 
of Judgments (Amendment) Act 2012. 
Enforcement 
of judgments. 20F.—(1) Subject to section 20H and the 
restrictions on enforcement contained in 
Article 47(3), if an enforcement order has been made respecting a judgment, the judgment— 
(a) shall, to the extent to which its 
enforcement is authorised by the enforcement order, be of the same force and effect as a judgment of the High Court, and 
(b) may be enforced by the High 
Court, and proceedings taken on it, as if it were a judgment of that Court. 
(2) Subject to subsections (3) and (6), 
subsection (1) shall not apply to a mainten­ance order. 
(3) On application by a maintenance 
creditor under an enforceable maintenance order, the Master of the High Court may by order declare that the following shall be regarded as being payable under a judgment referred to in subsection (1): 
(a) a sum payable under the enforce­
able maintenance order as a periodic payment but not paid before the relevant enforcement order was made; 
(b) a lump sum (not being a sum 
referred to in paragraph (a)) which is payable under the enforceable maintenance order. 
(4) An order shall not be made under 
subsection (3) unless the Master of the High Court considers that by doing so the enforceable maintenance order would be more effectively enforced respecting any sum referred to in that paragraph. 
(5) If such an order is made, the sum to 
which it relates shall be deemed to be pay­able under a judgment referred to in sub­section (1) and not otherwise. 
(6) A maintenance order shall be 
regarded as a judgment referred to in sub­section (1) if the District Court does not have jurisdiction to enforce it under section 20G. 
20G.—(1) Subject to section 20H and 
the restrictions on enforcement contained in Article 47(3), the District Court shall 
Enforcement 
of enforceable maintenance orders. 
7 S.1 [No. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
have jurisdiction to enforce an enforceable 
maintenance order. 
(2) An enforceable maintenance order 
shall, from the date on which the mainten­ance order was made, be deemed for the purposes of— 
(a) subsection (1), 
(b) section 98(1) (as amended by 
section 30(1) of the Act of 1976) of the Defence Act 1954, and 
(c) subject to the Convention, the 
variation or discharge of that order under section 6 (as amended by section 43(b) of the Act of 1995) of the Act of 1976, 
to be an order made by the District Court under section 5, 5A (inserted by section 18 of the Act of 1987) or 21A (inserted by section 21 of the Act of 1987) of the Act of 1976, as may be appropriate. 
(3) Subsections (1) and (2) shall apply 
even though an amount payable under the enforceable maintenance order exceeds the maximum amount the District Court has jurisdiction to award under an enactment referred to in subsection (2). 
(4) Where an enforceable maintenance 
order is varied by a Convention court, and an enforcement order has been made respecting all or part of the enforceable maintenance order as so varied, or respect­ing all or part of the order effecting the variation, the enforceable maintenance order shall, from the date on which the variation takes effect, be enforceable in the State only as so varied. 
(5) Where an enforceable maintenance 
order is revoked by a Convention court, and an enforcement order has been made respecting the order effecting the revo­cation, the enforceable maintenance order shall, from the date on which the revocation takes effect, cease to be enforceable in the State except in relation to any sums under the order that were payable, but not paid, on or before that date. 
(6) Subject to subsections (3) to (5) of 
section 20F, the following shall be regarded as being payable pursuant to an order made under section 5, 5A (inserted by section 18 of the Act of 1987) or 21A (inserted by section 21 of the Act of 1987) of the Act of 1976: 
8 S.1 [2012.] Jurisdiction of Courts and Enforcement [No. 7.] 
of Judgments (Amendment) Act 2012. 
(a) any sum payable under an 
enforceable maintenance order 
but not paid before the relevant enforcement order was made; 
(b) any costs of or incidental to the 
application for the enforcement order that are payable under section 20H(2). 
(7) The jurisdiction vested in the District 
Court by this section may be exercised by the judge of that Court for the time being assigned to— 
(a) if the maintenance debtor under 
an enforceable maintenance order resides in the State, the district court district in which the debtor resides or carries on any profession, business or occupation, or 
(b) if such a maintenance debtor 
does not so reside but is employed by a person residing or having a place of business in the State or by a body whose seat of management or control is in the State, the district court district in which the person resides or the body has its seat. 
(8) Notwithstanding anything to the 
contrary in an enforceable maintenance order, the maintenance debtor shall pay any sum payable under that order to— 
(a) in a case referred to in subsection 
(7)(a), the district court clerk for the district court area in which the debtor for the time being resides, or 
(b) in a case referred to in subsection 
(7)(b), a district court clerk specified by the District Court, 
for transmission to the maintenance credi­tor or, if a public authority has been author­ised by the creditor to receive the sum, to the public authority. 
(9) If a sum payable under an enforce­
able maintenance order is not duly paid and if the maintenance creditor so requests in writing, the district court clerk concerned shall— 
(a) issue a summons respecting that 
sum under section 8 (as amended by section 63 of the 
9 S.1 [No. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
Civil Law (Miscellaneous 
Provisions) Act 2011) of the Act of 1940, or 
(b) make an application respecting 
that sum to the District Court under section 10 (as amended by section 43 of the Act of 1995) of the Act of 1976. 
(10) For the purposes of subsection 
(9)(a) a reference to an applicant in section 8(1) of the Act of 1940 shall be construed as including a reference to the district court clerk. 
(11) Nothing in this section shall affect 
the right of a maintenance creditor under an enforceable maintenance order to institute proceedings for the recovery of a sum payable to a district court clerk under subsection (8). 
(12) The maintenance debtor shall give 
notice of any change of address to the dis­trict court clerk for the district court area in which the debtor has been residing. 
(13) A person who, without reasonable 
excuse, contravenes subsection (12) is guilty of an offence and liable on summary conviction to a class C fine. 
(14) If there are two or more district 
court clerks for a district court area, a refer­ence in this section to a district court clerk shall be construed as a reference to any of them. 
(15) For the purposes of this section the 
Dublin Metropolitan District is deemed to be a district court area. 
(16) In this section— 
‘Act of 1940’ means the Enforcement of 
Court Orders Act 1940; 
‘Act of 1976’ means the Family Law 
(Maintenance of Spouses and Children) 
Act 1976; 
‘Act of 1987’ means the Status of Children 
Act 1987; ‘Act of 1995’ means the Family Law Act 
1995. 
Interest on 20H.—(1) Where, on application for an 
judgments and enforcement order respecting a judgment, 
payment of it is shown— 
costs. 
10 S.1 [2012.] Jurisdiction of Courts and Enforcement [No. 7.] 
of Judgments (Amendment) Act 2012. 
(a) that the judgment provides for 
the payment of a sum of 
money, and 
(b) that in accordance with the law 
of the state bound by the Con­vention in which the judgment was given, interest on the sum is recoverable under the judgment at a particular rate or rates and from a particular date or time, 
the enforcement order, if made, shall provide that the person liable to pay that sum shall also be liable to pay the interest, apart from any interest on costs recoverable under subsection (2), in accordance with the particulars noted in the order, and the interest shall be recoverable by the appli­cant as though it were part of the sum. 
(2) An enforcement order may provide 
for the payment to the applicant by the respondent of the reasonable costs of or incidental to the application for the enforcement order. 
(3) A person required by an enforce­
ment order to pay costs shall be liable to pay interest on the costs as if they were the subject of an order for the payment of costs made by the High Court on the date on which the enforcement order was made. 
(4) Interest shall be payable on a sum 
referred to in subsection (1)(a) only as pro­vided for in this section. 
Currency of 20I.—(1) An amount payable in the 
payments State under a maintenance order by virtue 
under of an enforcement order shall be payable in 
enforceable the currency of the State. maintenance
 
orders.
 
(2) If the amount is stated in the main­
tenance order in any other currency, pay­
ment shall be made on the basis of the exchange rate prevailing on the date the enforcement order is made between the currency of the State and the other currency. 
(3) For the purposes of this Part a cer­
tificate purporting to be signed by an officer of an authorised institution and to state the exchange rate prevailing on a specified date between a specified currency and the currency of the State shall be admissible as evidence of the facts stated in the certificate. 
(4) In this section, ‘authorised insti­
tution’ means— 
11 S.1 [No. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
(a) a credit institution within 
the meaning of Directive 
2006/48/EC3 of the European 
Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (including a branch, within the meaning of Article 4(3) of that Directive, located in a Member State of a credit institution hav­ing its head office in or, in accordance with Article 38 of that Directive, elsewhere than in a Member State), 
(b) a trustee savings bank within the 
meaning of the Trustee Savings Banks Acts 1989 and 2001, or 
(c) An Post. 
Proof and 20J.—(1) For the purposes of the Con-
admissibility of vention a document, duly authenticated, 
judgments and which purports to be a copy of a judgment 
certain given by a Convention court shall without translations. further proof be deemed to be a true copy of the judgment, unless the contrary is shown. 
(2) A document purporting, under sub­
section (1), to be a copy of a judgment shall be regarded for those purposes as being duly authenticated if it— 
(a) purports to bear the seal of the 
Convention court or authority concerned, or 
(b) purports to be certified by a 
judge or officer of the Conven­tion court or authority to be a true copy of the judgment. 
(3) A document which— 
(a) purports to be a translation of— 
(i)	 a judgment given by a Con­
vention court, 
(ii)	 an authentic instrument 
within the meaning of Article 57(1), 
(iii)	 a settlement within the 
meaning of Article 58, or 
(iv)	 a certificate mentioned in 
Article 54, 57(4) or 58, and 
3OJ No. L177 of 30.06.2006, p.1 
12 S.1 [2012.] Jurisdiction of Courts and Enforcement [No. 7.] 
of Judgments (Amendment) Act 2012. 
(b) is certified as correct by a person 
competent to do so, 
shall be admissible as evidence of the docu­
ment of which it purports to be a translation. 
Provisional, 20K.—(1) The High Court may, on 
including application to it pursuant to Article 31, 
protective, grant any provisional measures, including measures. protective measures, that the Court has power to grant in proceedings that, apart from this Act, are within its jurisdiction if— 
(a) proceedings have been or are to 
be commenced in a state bound by the Convention, and 
(b) the subject matter of the pro­
ceedings is within the scope of the Convention (whether or not that Convention has effect in relation to the proceedings). 
(2) On such an application the High 
Court may refuse to grant the measures sought if, in its opinion, the fact that, apart from this section, the Court does not have jurisdiction in relation to the subject matter of the proceedings makes it inexpedient for it to grant those measures. 
(3) Subject to Article 47(3), an appli­
cation to the Master of the High Court for an enforcement order respecting a judgment may include an application for any protective measures the High Court has power to grant in proceedings that, apart from this Part, are within its jurisdiction. 
(4) Where an enforcement order is 
made, the Master of the High Court shall grant any protective measures referred to in subsection (3) that are sought in the application for the enforcement order. 
Domicile. 20L.—For the purposes of the Conven­
tion and this Part— 
(a) a person is domiciled in the State 
or another state (not being a state bound by the Convention) if he or she is ordinarily resident in the State or that other state, 
(b) a person is domiciled in a place 
in the State if he or she is domi­ciled in the State and is ordi­narily resident or carries on any profession, business or occu­pation in that place, and 
13 S.1 
Amendment of 
Maintenance Act 1994. [No. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
(c) a trust is domiciled in the State if 
the law of the State is the 
system of law with which the trust has its closest and most real connection. 
Venue for 20M.—(1) Subject to Articles 2 to 31, 
certain the jurisdiction of the Circuit Court in pro-
proceedings. ceedings that may be instituted in the State by virtue of Article 2, 9(1)(a), 12(1), 16(2), 19(1) or 20(1) or the proviso to Article 22(1) shall be exercised by the judge of the Court for the time being assigned to the cir­cuit where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business or occupation. 
(2) Subsection (1) shall apply where, 
apart from that subsection, the Circuit Court’s jurisdiction would be determined by reference to the place where the defend­ant resides or carries on business. 
(3) The jurisdiction of the Circuit Court 
or District Court in proceedings that may be instituted in the State under Article 9(1)(b) or 16(1) by a plaintiff domiciled in the State may be exercised by the judge for the time being assigned— 
(a) in the case of the Circuit Court, 
to the circuit, and 
(b) in the case of the District Court, 
to the district court district, 
in which the plaintiff or one of the plaintiffs ordinarily resides or carries on any pro­fession, business or occupation. 
Restriction of 20N.—Part III shall, except as provided 
Part III.	 in Article 65, cease to apply between the State and a state bound by the Convention.”, 
(b) by inserting the Schedule set out in the Schedule to this 
Act after the Ninth Schedule. 
2.—(1) The Maintenance Act 1994 is amended— 
(a) in section 3(1) (as amended by Regulation 13 of the Regu­
lations of 2002), by inserting the following definition: 
“‘the 2007 Lugano Convention’ means the Convention on 
jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and the Proto­cols and Annexes thereto signed at Lugano on 30 October 2007;”; 
(b) in section 4(2) (as amended by Regulation 13 of the Regu­
lations of 2002) by substituting the following paragraphs for paragraph (a): 
14 S.2 [2012.] Jurisdiction of Courts and Enforcement [No. 7.] 
of Judgments (Amendment) Act 2012. 
“(a) For the purposes of section 8 of the Enforce­
ment of Court Orders Act 1940 (as amended 
by section 63 of the Civil Law (Miscellaneous Provisions) Act 2011), the Acts of 1976, 1995, 1996 and 1998, the Brussels I Regulation, and the 2007 Lugano Convention, the Central Authority shall have authority to act on behalf of a maintenance creditor or of a claimant (as defined in section 13(1)), and references ther­ein to a maintenance creditor or to such a claimant shall be construed as including refer­ences to that Authority. 
(aa) In paragraph (a) ‘maintenance creditor’ means, 
in the context of the Brussels I Regulation or the 2007 Lugano Convention, a maintenance creditor referred to in Article 5(2) of that Regulation or Article 5(2) of that Convention.”; 
(c) in section 5 (as amended by Regulation 13 of the Regu­
lations of 2002) by substituting “, the Brussels I Regu­
lation and the 2007 Lugano Convention” for “and the
 
Brussels I Regulation”;
 
(d) in section 6(1) (as amended by Regulation 13 of the Regu­
lations of 2002), by substituting the following definition
 for that of “reciprocating jurisdiction”:
 
“‘reciprocating jurisdiction’ means a Contracting State 
within the meaning of the Act of 1998 or, as appropriate, a Member State to which the Brussels I Regulation applies or a state bound by the 2007 Lugano Convention;”; 
(e) in section 6(2) (as amended by section 22(4)(c) of the Act
 
of 1998) by substituting the following paragraph for para­graph (a):
 
“(a) The Minister for Foreign Affairs and Trade may 
by order declare that any Contracting State (as defined in sections 4(1) or 17(1) of the Act of 1998) or a state bound by the 2007 Lugano Convention specified in the order is a recipro­cating jurisdiction.”; 
(f) in section 6(3), by inserting “, Article 57 or 58 of the
 
Brussels I Regulation or Article 57 or 58 of the 2007
 Lugano Convention” after “Convention”;
 
(g) in section 7— 
(i) in subsection (1) (as amended by Regulation 13 of the 
Regulations of 2002) by substituting “, the Brussels 
I Regulation or the 2007 Lugano Convention” for 
“or the Brussels I Regulation”, 
(ii) by substituting the following subsection for subsection 
(2A) (inserted by Regulation 13 of the Regulations of 2002): 
“(2A) In the case of an application under the 
Brussels I Regulation or the 2007 Lugano Convention the Master shall determine it in accordance with 
15 S.2 
Repeal of Part III 
of Jurisdiction of Courts and Enforcement of Judgments Act 1998. 
Short title, 
collective citation and construction. [No. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
Regulation 4 of the European Communities (Civil 
and Commercial Judgments) Regulations 2002.”, 
(iii) in subsection (4)(a) (as amended by Regulation 13 of 
the Regulations of 2002) by substituting “, Article 43 
of the Brussels I Regulation or Article 43 of the 2007 Lugano Convention” for “or Article 43 (right of 
appeal against declaration of enforceability) of the Brussels I Regulation”, 
(iv) in subsection (5)(a) (as amended by Regulation 13 of 
the Regulations of 2002) by deleting “or (2)” after 
“subsection (1)”, and 
(v) in subsection (5)(b)(iv) (as amended by Regulation 13 
of the Regulations of 2002), by substituting “, 
Articles 53, 54 or 57 of the Brussels I Regulation or Articles 53, 54 or 57 of the 2007 Lugano Conven­tion” for “or Articles 53, 54 or 57 of the Brussels 
I Regulation”; 
(h) in section 14— 
(i) in subsection (1), by substituting the following para­
graph for paragraph (aa) (inserted by Regulation 13 of the Regulations of 2002): 
“(aa) if the request is accompanied by an order 
of a court of a Member State to which the Brussels I Regulation applies or by an order of a court of a state bound by the 2007 Lugano Convention, transmit the request to the Master of the High Court for determination in accordance with that Regulation or that Convention,”, 
and 
(ii) in subsection (9A)(a) (as amended by Regulation 13 
of the Regulations of 2002), by substituting “the 
Brussels I Regulation or the 2007 Lugano Conven­tion” for “or the Brussels I Regulation”. 
(2) In this section “the Regulations of 2002” means the European 
Communities (Civil and Commercial Judgments) Regulations 2002 (S.I. No. 52 of 2002). 
3.—Part III of the Jurisdiction of Courts and Enforcement of 
Judgments Act 1998 is repealed. 
4.—(1) This Act may be cited as the Jurisdiction of Courts and 
Enforcement of Judgments (Amendment) Act 2012. 
(2) The Courts (Supplemental Provisions) Acts 1961 to 2008 and 
sections 20A, 20E to 20H, 20J, 20K and 20M (inserted by this Act) of the Jurisdiction of Courts and Enforcement of Judgments Act 1998 may be cited together as the Courts (Supplemental Provisions) Acts 1961 to 2012 and shall be construed together as one. 
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    [2012 .] Jurisdiction of Courts and Enforcement [No. 7.]

of Judgments (Amendment) Act 2012.
�
Section 1. SCHEDULE 
“TENTH SCHEDULE 
CONVENTION on jurisdiction and the recognition and 
enf
orcement of judgments in civil and commercial matters 
PREAMBLE 
THE HIGH CONTRACTING PARTIES TO THIS 
CON V
ENTION, 
DETERMINED to strengthen in their territories the legal prot
ection of persons therein established, 
CONSIDERING that it is necessary for this purpose to determine the 
international jurisdiction of the 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 t
he economic field by the free trade agreements concluded 
between the European Community and certain States members of the European Free Trade Association, 
TAKING INTO ACCOUNT: 
—	
the Brussels Convention of 27 September 1968 on

juri
sdiction and the enforcement of judgments in civil and

commercial matters, as amended by the Accession

Conventions under the successive enlargements of the

European Union,

—	
the Lugano Convention of 16 September 1988 on

juri
sdiction and the enforcement of judgments in civil and

commercial matters, which extends the application of the

rules of the 1968 Brussels Convention to certain States

members of the European Free Trade Association,

— Council Regulation (EC) No 44/2001 of 22 December 2000

on j
urisdiction and the recognition and enforcement of

judgments in civil and commercial matters, which has

replaced the above-mentioned Brussels Convention,

— the Agreement between the European Community and the

Kin
gdom of Denmark on jurisdiction and the recognition

and enforcement of judgments in civil and commercial

matters, signed at Brussels on 19 October 2005,

PERSUADED that the extension of the principles laid down in Regu
lation (EC) No 44/2001 to the Contracting Parties to this 
instrument will strengthen legal and economic cooperation, 
DESIRING to ensure as uniform an interpretation as possible of 
thi
s instrument, 
HAVE in this spirit DECIDED to conclude this Convention, and 
17

   
 
 
          
             
    
      
           
         
        
       
  
 
           
           
            
  
 
 
 
 
          
          
      
            
           
    
 
            
            
         
             
     
 
             
           
           
       
   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
HAVE AGREED AS FOLLOWS: 
TITLE I 
SCOPE 
Article 1 
1. This Convention shall apply in civil and commercial matters 
wha
tever the nature of the court or tribunal. It shall not extend, in 
particular, to revenue, customs or administrative matters. 
2. The Convention shall not apply to: 
(a) the status or legal capacity of natural persons, rights in 
prop
erty arising out of a matrimonial relationship, wills and 
succession; 
(b) bankruptcy, proceedings relating to the winding-up of 
ins
olvent companies or other legal persons, judicial 
arrangements, compositions and analogous proceedings; 
(c) social security; 
(d) arbitration. 
3. In this Convention, the term “State bound by this Convention” 
shal
l mean any State that is a Contracting Party to this Convention 
or a Member State of the European Community. It may also mean 
the European Community. 
TITLE II 
JURISDICTION 
SECTION 1 
General provisions 
Article 2 
1. Subject to the provisions of this Convention, persons domiciled 
in a 
State bound by this Convention shall, whatever their 
nationality, be sued in the courts of that State. 
2. Persons who are not nationals of the State bound by this 
Conv
ention in which they are domiciled shall be governed by the 
rules of jurisdiction applicable to nationals of that State. 
Article 3 
1. Persons domiciled in a State bound by this Convention may be 
sued 
in the courts of another State bound by this Convention only 
by virtue of the rules set out in Sections 2 to 7 of this Title. 2. In particular the rules of national jurisdiction set out in Annex I 
shal
l not be applicable as against them. 
Article 4 
1. If the defendant is not domiciled in a State bound by this 
Conv
ention, the jurisdiction of the courts of each State bound by 
this Convention shall, subject to the provisions of Articles 22 and 
23, be determined by the law of that State. 
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   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
of Judgments (Amendment) Act 2012. 
2. As against such a defendant, any person domiciled in a State 
bound by this Convention may, whatever his nationality, avail 
himself in that State of the rules of jurisdiction there in force, and in particular those specified in Annex I, in the same way as the nationals of that State. 
SECTION 2 
Special jurisdiction 
Article 5 
A person domiciled in a State bound by this Convention may, in ano
ther State bound by this Convention, be sued: 
1.	
(a) in matters relating to a contract, in the courts for the 
pl
ace of performance of the obligation in question; 
(b) for the purpose of this provision and unless otherwise agr
eed, the place of performance of the obligation in 
question shall be: 
— in the case of the sale of goods, the place in a State 
bou
nd by this Convention where, under the 
contract, the goods were delivered or should have been delivered, 
— in the case of the provision of services, the place in 
a St
ate bound by this Convention where, under the 
contract, the services were provided or should have been provided; 
(c) if subparagraph ( b) do
 es not apply then subparagraph ( a) 
applies; 
2. in matters relating to maintenance, 
(a) in the courts for the place where the maintenance creditor is d
omiciled or habitually resident; or 
(b) in the court which, according to its own law, has juri
sdiction to entertain proceedings concerning the 
status of a person if the matter relating to maintenance is ancillary to those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties; or 
(c) in the court which, according to its own law, has juri
sdiction to entertain proceedings concerning parental 
responsibility, if the matter relating to maintenance is ancillary to those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties; 
3. in matters relating to tort, del
 ict or quasi-delict , in the courts for 
the place where the harmful event occurred or may occur; 
4. as regards a civil claim for damages or restitution which is 
bas
ed 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; 
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   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012.
�
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. as settlor, trustee or beneficiary of a trust created by the 
ope
ration of a statute, or by a written instrument, or created 
orally and evidenced in writing, in the courts of the State bound 
by this Convention in which the trust is domiciled; 
7. as regards a dispute concerning the payment of remuneration 
cla
imed 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. 
Article 6 
A person domiciled in a State bound by this Convention may als
o be sued: 
1. where he is one of a number of defendants, in the courts for 
the 
place where any one of them is domiciled, provided the 
claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings; 
2. as a third party in an action on a warranty or guarantee or in 
any 
other third party proceedings, in the court seised of the 
original proceedings, unless these were instituted solely with the 
object of removing him from the jurisdiction of the court which would be competent in his case; 
3. on a counter-claim arising from the same contract or facts on 
whi
ch the original claim was based, in the court in which the 
original claim is pending; 4. in matters relating to a contract, if the action may be combined 
wit
h an action against the same defendant in matters relating to 
rights in rem in immovable property, in the court of the State 
bound by this Convention in which the property is situated. 
Article 7 
Where by virtue of this Convention a court of a State bound by 
thi
s Convention has jurisdiction in actions relating to liability 
from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of that State, shall also have jurisdiction over claims for limitation of such liability. 
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   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
of Judgments (Amendment) Act 2012. 
SECTION 3 
Jurisdiction in matters relating to insurance 
Article 8 
In matters relating to insurance, jurisdiction shall be determined

by t
his Section, without prejudice to Articles 4 and 5(5).

Article 9 
1. An insurer domiciled in a State bound by this Convention may

be su
ed:

(a) in the courts of the State where he is domiciled, or 
(b) in another State bound by this Convention, in the case of

act
ions brought by the policyholder, the insured or a

beneficiary, in the courts for the place where the plaintiff is

domiciled, or

(c) if he is a co-insurer, in the courts of a State bound by this

Conv
ention in which proceedings are brought against the

leading insurer.

2. An insurer who is not domiciled in a State bound by this

Conv
ention but has a branch, agency or other establishment in

one of the States bound by this Convention shall, in disputes

arising out of the operations of the branch, agency or

establishment, be deemed to be domiciled in that State.

Article 10 
In respect of liability insurance or insurance of immovable

prop
erty, the insurer may in addition be sued in the courts for the

place where the harmful event occurred. The same applies if

movable and immovable property are covered by the same

insurance policy and both are adversely affected by the same

contingency.

Article 11 
1. In respect of liability insurance, the insurer may also, if the

law 
of the court permits it, be joined in proceedings which the

injured party has brought against the insured.

2. Articles 8, 9 and 10 shall apply to actions brought by the

inj
ured party directly against the insurer, where such direct

actions are permitted.

3. If the law governing such direct actions provides that the

pol
icyholder or the insured may be joined as a party to the

action, the same court shall have jurisdiction over them.

Article 12 
1. Without prejudice to Article 11(3), an insurer may bring

proc
eedings only in the courts of the State bound by this

Convention in which the defendant is domiciled, irrespective of

whether he is the policyholder, the insured or a beneficiary.

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   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012.
�
2. The provisions of this Section shall not affect the right to 
bring a counter-claim in the court in which, in accordance with 
this Section, the original claim is pending. 
Article 13 
The provisions of this Section may be departed from only by an agr
eement: 
1. which is entered into after the dispute has arisen, or 
2. which allows the policyholder, the insured or a beneficiary to 
brin
g proceedings in courts other than those indicated in this 
Section, or 
3. which is concluded between a policyholder and an insurer, 
bot
h of whom are at the time of conclusion of the contract 
domiciled or habitually resident in the same State bound by this 
Convention, and which has the effect of conferring jurisdiction on the courts of that State even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of that State, or 
4. which is concluded with a policyholder who is not domiciled 
in a 
State bound by this Convention, except insofar as the 
insurance is compulsory or relates to immovable property in a 
State bound by this Convention, or 
5. which relates to a contract of insurance insofar as it covers one 
or m
ore of the risks set out in Article 14. 
Article 14 
The following are the risks referred to in Article 13(5): 1. any loss of or damage to: 
(a) seagoing ships, installations situated offshore or on the 
hig
h seas, or aircraft, arising from perils which relate to 
their use for commercial purposes; 
(b) goods in transit, other than passengers’ baggage, where 
the 
transit consists of or includes carriage by such ships 
or aircraft; 
2. any liability, other than for bodily injury to passengers or loss 
of o
r damage to their baggage: 
(a) arising out of the use or operation of ships, installations 
or a
ircraft as referred to in point 1( a) insofar as, in 
respect of the latter, the law of the State bound by this 
Convention in which such aircraft are registered does not prohibit agreements on jurisdiction regarding insurance of such risks; 
(b) for loss or damage caused by goods in transit as 
des
cribed in point 1( b); 
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   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
of Judgments (Amendment) Act 2012. 
3.	
any financial loss connected with the use or operation of 
ships, installations or aircraft as referred to in point 1( a), in 
particular loss of freight or charter-hire; 
4. any risk or interest connected with any of those referred to in 
poi
nts 1 to 3; 
5. notwithstanding points 1 to 4, all large risks. 
SECTION 4 
Jurisdiction over consumer contracts 
Article 15 
1. In matters relating to a contract concluded by a person, the 
con
sumer, for a purpose which can be regarded as being outside 
his trade or profession, jurisdiction shall be determined by this 
Section, without prejudice to Articles 4 and 5(5), if: 
(a) it is a contract for the sale of goods on instalment credit 
ter
ms, or 
(b) it is a contract for a loan repayable by instalments, or for any 
oth
er form of credit, made to finance the sale of goods, or 
(c) in all other cases, the contract has been concluded with a 
per
son who pursues commercial or professional activities in 
the State bound by this Convention of the consumer’s domicile or, by any means, directs such activities to that State or to several States including that State, and the contract falls within the scope of such activities. 
2. Where a consumer enters into a contract with a party who is 
not 
domiciled in the State bound by this Convention but has a 
branch, agency or other establishment in one of the States bound by this Convention, that party shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State. 
3. This section shall not apply to a contract of transport other 
tha
n a contract which, for an inclusive price, provides for a 
combination of travel and accommodation. 
Article 16 
1. A consumer may bring proceedings against the other party to a 
con
tract either in the courts of the State bound by this 
Convention in which that party is domiciled or in the courts for 
the place where the consumer is domiciled. 
2. Proceedings may be brought against a consumer by the other 
par
ty to the contract only in the courts of the State bound by this 
Convention in which the consumer is domiciled. 3. This Article shall not affect the right to bring a counter-claim 
in t
he court in which, in accordance with this Section, the 
original claim is pending. 
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   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
Article 17 
The provisions of this Section may be departed from only by an 
agreement: 
1. which is entered into after the dispute has arisen; or 
2. which allows the consumer to bring proceedings in courts 
oth
er than those indicated in this Section; or 
3. which is entered into by the consumer and the other party to 
the 
contract, both of whom are at the time of conclusion of the 
contract domiciled or habitually resident in the same State bound 
by this Convention, and which confers jurisdiction on the courts of that State, provided that such an agreement is not contrary to the law of that State. 
SECTION 5 
Jurisdiction over individual contracts of employment 
Article 18 
1. In matters relating to individual contracts of employment, 
juri
sdiction shall be determined by this Section, without 
prejudice to Articles 4 and 5(5). 
2. Where an employee enters into an individual contract of 
emp
loyment with an employer who is not domiciled in a State 
bound by this Convention but has a branch, agency or other 
establishment in one of the States bound by this Convention, the employer shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State. 
Article 19 
An employer domiciled in a State bound by this Convention may be su
ed: 
1. in the courts of the State where he is domiciled; or 
2. in another State bound by this Convention: 
(a) in the courts for the place where the employee 
hab
itually carries out his work or in the courts for the 
last place where he did so; or 
(b) if the employee does not or did not habitually carry out 
his 
work in any one country, in the courts for the place 
where the business which engaged the employee is or was situated. 
Article 20 
1. An employer may bring proceedings only in the courts of the 
Sta
te bound by this Convention in which the employee is 
domiciled. 
2. The provisions of this Section shall not affect the right to 
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   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
of Judgments (Amendment) Act 2012. 
bring a counter-claim in the court in which, in accordance with 
this Section, the original claim is pending. 
Article 21 
The provisions of this Section may be departed from only by an agr
eement on jurisdiction: 
1. which is entered into after the dispute has arisen; or 
2.	
which allows the employee to bring proceedings in courts 
oth
er than those indicated in this Section. 
SECTION 6 
Exclusive jurisdiction 
Article 22 
The following courts shall have exclusive jurisdiction, regardless of d
omicile: 
1. in proceedings which have as their object rights in re m in 
immovable property or tenancies of immovable property, the courts of the State bound by this Convention in which the property is situated. 
However, in proceedings which have as their object 
ten
ancies of immovable property concluded for temporary 
private use for a maximum period of six consecutive months, the courts of the State bound by this Convention in which the defendant is domiciled shall also have jurisdiction, provided that the tenant is a natural person and that the landlord and the tenant are domiciled in the same State bound by this Convention; 
2. in proceedings which have as their object the validity of the 
con
stitution, the nullity or the dissolution of companies or 
other legal persons or associations of natural or legal persons, or of the validity of the decisions of their organs, the courts of the State bound by this Convention in which the company, legal person or association has its seat. In order to determine that seat, the court shall apply its rules of private international law; 
3.	
in proceedings which have as their object the validity of 
ent
ries in public registers, the courts of the State bound by 
this Convention in which the register is kept; 
4. in proceedings concerned with the registration or validity of 
pat
ents, trade marks, designs, or other similar rights required 
to be deposited or registered, irrespective of whether the issue is raised by way of an action or as a defence, the courts of the State bound by this Convention in which the deposit or registration has been applied for, has taken place or is, under the terms of a Community instrument or an international convention, deemed to have taken place. 
Without prejudice to the jurisdiction of the European Patent 
Offic
e under the Convention on the grant of European 
patents, signed at Munich on 5 October 1973, the courts of 
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   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
each State bound by this Convention shall have exclusive 
jurisdiction, regardless of domicile, in proceedings concerned with the registration or validity of any European patent granted for that State irrespective of whether the issue is raised by way of an action or as a defence; 
5. in proceedings concerned with the enforcement of judgments, 
the 
courts of the State bound by this Convention in which 
the judgment has been or is to be enforced. 
SECTION 7 
Prorogation of jurisdiction 
Article 23 
1. If the parties, one or more of whom is domiciled in a State 
bou
nd by this Convention, have agreed that a court or the courts 
of a State bound by this Convention 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 jurisdiction. Such jurisdiction shall be exclusive unless the parties have agreed otherwise. 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 
hav
e established between themselves, or 
(c) in international trade or commerce, in a form which accords 
wit
h 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, parties to contracts of the type involved in the particular trade or commerce concerned. 
2. Any communication by electronic means which provides a 
dur
able record of the agreement shall be equivalent to “writing”. 
3. Where such an agreement is concluded by parties, none of 
who
m is domiciled in a State bound by this Convention, the 
courts of other States bound by this Convention shall have no jurisdiction over their disputes unless the court or courts chosen have declined jurisdiction. 
4. The court or courts of a State bound by this Convention on 
whi
ch 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. 
5. Agreements or provisions of a trust instrument conferring 
juri
sdiction shall have no legal force if they are contrary to the 
provisions of Articles 13, 17 or 21, or if the courts whose 
jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article 22. 
Article 24 
Apart from jurisdiction derived from other provisions of this 
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   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
of Judgments (Amendment) Act 2012. 
Convention, a court of a State bound by this Convention before 
which a defendant enters an appearance shall have jurisdiction. This rule shall not apply where appearance was entered to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of Article 22. 
SECTION 8 
Examination as to jurisdiction and admissibility 
Article 25 
Where a court of a State bound by this Convention is seised of a cla
im which is principally concerned with a matter over which the 
courts of another State bound by this Convention have exclusive jurisdiction by virtue of Article 22, it shall declare of its own motion that it has no jurisdiction. 
Article 26 
1. Where a defendant domiciled in one State bound by this 
Conv
ention is sued in a court of another State bound by this 
Convention and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of this Convention. 
2. The court shall stay the proceedings so long as it is not shown 
tha
t the defendant has been able to receive the document 
instituting the proceedings or an equivalent document in sufficient 
time to enable him to arrange for his defence, or that all necessary steps have been taken to this end. 
3. Instead of the provisions of paragraph 2, Article 15 of the 
Hag
ue Convention of 15 November 1965 on the Service Abroad 
of Judicial and Extrajudicial Documents in Civil and Commercial 
matters shall apply if the document instituting the proceedings or an equivalent document had to be transmitted pursuant to that Convention. 
4. Member States of the European Community bound by Council 
Regu
lation (EC) No 1348/2000 of 29 May 2000 or by the 
Agreement between the European Community and the Kingdom 
of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters, signed at Brussels on 19 October 2005, shall apply in their mutual relations the provision in Article 19 of that Regulation if the document instituting the proceedings or an equivalent document had to be transmitted pursuant to that Regulation or that Agreement. 
SECTION 9 
Lis pendens — R e
 lated actions 
Article 27 
1. Where proceedings involving the same cause of action and 
bet
ween the same parties are brought in the courts of different 
States bound by this Convention, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established. 
2. Where the jurisdiction of the court first seised is established, 
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   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
any court other than the court first seised shall decline jurisdiction 
in favour of that court. 
Article 28 
1. Where related actions are pending in the courts of different 
Sta
tes bound by this Convention, any court other than the court 
first seised may stay its proceedings. 
2. Where these actions are pending at first instance, any court 
oth
er than the court first seised may also, on the application of one 
of the parties, decline jurisdiction if the court first seised has 
jurisdiction over the actions in question and its law permits the consolidation thereof. 
3. For the purposes of this Article, actions are deemed to be 
rela
ted where they are so closely connected that it is expedient to 
hear and determine them together to avoid the risk of 
irreconcilable judgments resulting from separate proceedings. 
Article 29 
Where actions come within the exclusive jurisdiction of several cou
rts, any court other than the court first seised shall decline 
jurisdiction in favour of that court. 
Article 30 
For the purposes of this Section, a court shall be deemed to be seise
d: 
1. at the time when the document instituting the proceedings or 
an e
quivalent document is lodged with the court, provided 
that the plaintiff has not subsequently failed to take the steps he was required to take to have service effected on the defendant; or 
2. if the document has to be served before being lodged with the 
cou
rt at the time when it is received by the authority 
responsible for service, provided that the plaintiff has not subsequently failed to take the steps he was required to take to have the document lodged with the court. 
SECTION 10 
Provisional, including protective, measures 
Article 31 
Application may be made to the courts of a State bound by this Conv
ention for such provisional, including protective, measures 
as may be available under the law of that State, even if, under this Convention, the courts of another State bound by this Convention have jurisdiction as to the substance of the matter. 
TITLE III 
RECOGNITION AND ENFORCEMENT 
Article 32 
For the purposes of this Convention, “judgment” means any

jud
gment given by a court or tribunal of a State bound by this

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   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
of Judgments (Amendment) Act 2012. 
Convention, whatever the judgment may be called, including a 
decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court. 
SECTION 1 
Recognition 
Article 33 
1. A judgment given in a State bound by this Convention shall be 
reco
gnised in the other States bound by this Convention without 
any special procedure being required. 
2. Any interested party who raises the recognition of a judgment 
as t
he principal issue in a dispute may, in accordance with the 
procedures provided for in Sections 2 and 3 of this Title, apply 
for a decision that the judgment be recognised. 
3. If the outcome of proceedings in a court of a State bound by 
thi
s Convention depends on the determination of an incidental 
question of recognition that court shall have jurisdiction over that 
question. 
Article 34 
A judgment shall not be recognised: 
1. if such recognition is manifestly contrary to public policy in 
the 
State in which recognition is sought; 
2. where it was given in default of appearance, if the defendant 
was 
not served with the document which instituted the 
proceedings or with an equivalent document in sufficient time and in such a way as to enable him to arrange for his defence, unless the defendant failed to commence proceedings to challenge the judgment when it was possible for him to do so; 
3.	
if it is irreconcilable with a judgment given in a dispute 
bet
ween the same parties in the State in which recognition is 
sought; 
4. if it is irreconcilable with an earlier judgment given in another 
Sta
te bound by this Convention or in a third State involving 
the same cause of action and between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in the State addressed. 
Article 35 
1. Moreover, a judgment shall not be recognised if it conflicts 
wit
h Sections 3, 4 or 6 of Title II, or in a case provided for in 
Article 68. A judgment may furthermore be refused recognition in any case provided for in Article 64(3) or 67(4). 
2. In its examination of the grounds of jurisdiction referred to in 
the 
foregoing paragraph, the court or authority applied to shall be 
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   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
bound by the findings of fact on which the court of the State of 
origin based its jurisdiction. 
3. Subject to the provisions of paragraph 1, the jurisdiction of the 
cou
rt of the State of origin may not be reviewed. The test of 
public policy referred to in Article 34(1) may not be applied to the rules relating to jurisdiction. 
Article 36 
Under no circumstances may a foreign judgment be reviewed as to i
ts substance. 
Article 37 
1. A court of a State bound by this Convention in which 
reco
gnition is sought of a judgment given in another State bound 
by this Convention may stay the proceedings if an ordinary appeal against the judgment has been lodged. 
2. A court of a State bound by this Convention in which 
reco
gnition is sought of a judgment given in Ireland or the 
United Kingdom may stay the proceedings if enforcement is 
suspended in the State of origin, by reason of an appeal. 
SECTION 2 
Enforcement 
Article 38 
1. A judgment given in a State bound by this Convention and 
enf
orceable in that State shall be enforced in another State bound 
by this Convention when, on the application of any interested party, it has been declared enforceable there. 
2. However, in the United Kingdom, such a judgment shall be 
enf
orced in England and Wales, in Scotland, or in Northern 
Ireland when, on the application of any interested party, it has 
been registered for enforcement in that part of the United Kingdom. 
Article 39 
1. The application shall be submitted to the court or competent 
aut
hority indicated in the list in Annex II. 
2. The local jurisdiction shall be determined by reference to the 
pla
ce of domicile of the party against whom enforcement is 
sought, or to the place of enforcement. 
Article 40 
1. The procedure for making the application shall be governed 
by t
he law of the State in which enforcement is sought. 
2. The applicant must give an address for service of process 
wit
hin the area of jurisdiction of the court applied to. However, if 
the law of the State in which enforcement is sought does not provide for the furnishing of such an address, the applicant shall appoint a representative ad litem. 
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   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
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3. The documents referred to in Article 53 shall be attached to the 
application. 
Article 41 
The judgment shall be declared enforceable immediately on 
com
pletion of the formalities in Article 53 without any review 
under Articles 34 and 35. The party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application. 
Article 42 
1. The decision on the application for a declaration of 
enf
orceability shall forthwith be brought to the notice of the 
applicant in accordance with the procedure laid down by the law of the State in which enforcement is sought. 
2. The declaration of enforceability shall be served on the party 
aga
inst whom enforcement is sought, accompanied by the 
judgment, if not already served on that party. 
Article 43 
1. The decision on the application for a declaration of 
enf
orceability may be appealed against by either party. 
2. The appeal is to be lodged with the court indicated in the list in 
Ann
ex III. 
3. The appeal shall be dealt with in accordance with the rules 
gov
erning procedure in contradictory matters. 
4. If the party against whom enforcement is sought fails to appear 
bef
ore the appellate court in proceedings concerning an appeal 
brought by the applicant, Article 26(2) to (4) shall apply even 
where the party against whom enforcement is sought is not domiciled in any of the States bound by this Convention. 
5. An appeal against the declaration of enforceability is to be 
lod
ged within one month of service thereof. If the party against 
whom enforcement is sought is domiciled in a State bound by this 
Convention other than that in which the declaration of enforceability was given, the time for appealing shall be two months and shall run from the date of service, either on him in person or at his residence. No extension of time may be granted on account of distance. 
Article 44 
The judgment given on the appeal may be contested only by the app
eal referred to in Annex IV. 
Article 45 
1. The court with which an appeal is lodged under Article 43 or 
Arti
cle 44 shall refuse or revoke a declaration of enforceability 
only on one of the grounds specified in Articles 34 and 35. It shall give its decision without delay. 
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   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
2. Under no circumstances may the foreign judgment be reviewed 
as to its substance. 
Article 46 
1. The court with which an appeal is lodged under Article 43 or 
Arti
cle 44 may, on the application of the party against whom 
enforcement is sought, stay the proceedings if an ordinary appeal 
has been lodged against the judgment in the State of origin or if the time for such an appeal has not yet expired; in the latter case, the court may specify the time within which such an appeal is to be lodged. 
2. Where the judgment was given in Ireland or the United 
Kin
gdom, any form of appeal available in the State of origin shall 
be treated as an ordinary appeal for the purposes of paragraph 1. 
3. The court may also make enforcement conditional on the 
prov
ision of such security as it shall determine. 
Article 47 
1. When a judgment must be recognised in accordance with this 
Conv
ention, nothing shall prevent the applicant from availing 
himself of provisional, including protective, measures in 
accordance with the law of the State requested without a declaration of enforceability under Article 41 being required. 
2. The declaration of enforceability shall carry with it the power to 
proc
eed to any protective measures. 
3. During the time specified for an appeal pursuant to Article 
43(
5) against the declaration of enforceability and until any such 
appeal has been determined, no measures of enforcement may be 
taken other than protective measures against the property of the party against whom enforcement is sought. 
Article 48 
1. Where a foreign judgment has been given in respect of several 
mat
ters and the declaration of enforceability cannot be given for 
all of them, the court or competent authority shall give it for one or more of them. 
2. An applicant may request a declaration of enforceability limited 
to p
arts of a judgment. 
Article 49 
A foreign judgment which orders a periodic payment by way of a 
pen
alty shall be enforceable in the State in which enforcement is 
sought only if the amount of the payment has been finally determined by the courts of the State of origin. 
Article 50 
1. An applicant who in the State of origin has benefited from 
com
plete or partial legal aid or exemption from costs or expenses 
shall be entitled, in the procedure provided for in this Section, to benefit from the most favourable legal aid or the most extensive 
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   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
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exemption from costs or expenses provided for by the law of the 
State addressed. 
2. However, an applicant who requests the enforcement of a 
dec
ision given by an administrative authority in Denmark, in 
Iceland or in Norway in respect of maintenance may, in the State addressed, claim the benefits referred to in paragraph 1 if he presents a statement from the Danish, Icelandic, or Norwegian Ministry of Justice to the effect that he fulfils the economic requirements to qualify for the grant of complete or partial legal aid or exemption from costs or expenses. 
Article 51 
No security, bond or deposit, however described, shall be required of a 
party who in one State bound by this Convention, applies for 
enforcement of a judgment given in another State bound by this Convention on the ground that he is a foreign national or that he is not domiciled or resident in the State in which enforcement is sought. 
Article 52 
In proceedings for the issue of a declaration of enforceability, no cha
rge, duty or fee calculated by reference to the value of the 
matter at issue may be levied in the State in which enforcement is sought. 
SECTION 3 
Common provisions 
Article 53 
1. A party seeking recognition or applying for a declaration of 
enf
orceability shall produce a copy of the judgment which 
satisfies the conditions necessary to establish its authenticity. 
2. A party applying for a declaration of enforceability shall also 
prod
uce the certificate referred to in Article 54, without prejudice 
to Article 55. 
Article 54 
The court or competent authority of a State bound by this 
Conv
ention where a judgment was given shall issue, at the request 
of any interested party, a certificate using the standard form in Annex V to this Convention. 
Article 55 
1. If the certificate referred to in Article 54 is not produced, the 
cou
rt or competent authority may specify a time for its production 
or accept an equivalent document or, if it considers that it has sufficient information before it, dispense with its production. 
2. If the court or competent authority so requires, a translation of 
the 
documents shall be produced. The translation shall be certified 
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   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
by a person qualified to do so in one of the States bound by this 
Convention. 
Article 56 
No legalisation or other similar formality shall be required in resp
ect of the documents referred to in Article 53 or Article 55(2), 
or in respect of a document appointing a representative ad litem . 
TITLE IV 
AUTHENTIC INSTRUMENTS AND COURT
�
SET TL
EMENTS
�
Article 57 
1. A document which has been formally drawn up or registered as 
an a
uthentic instrument and is enforceable in one State bound by 
this Convention shall, in another State bound by this Convention, be declared enforceable there, on application made in accordance with the procedures provided for in Article 38, et seq. The court with which an appeal is lodged under Article 43 or Article 44 shall refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy in the State addressed. 
2. Arrangements relating to maintenance obligations concluded 
wit
h administrative authorities or authenticated by them shall also 
be regarded as authentic instruments within the meaning of 
paragraph 1. 
3. The instrument produced must satisfy the conditions necessary 
to e
stablish its authenticity in the State of origin. 
4. Section 3 of Title III shall apply as appropriate. The competent 
aut
hority of a State bound by this Convention where an authentic 
instrument was drawn up or registered shall issue, at the request of 
any interested party, a certificate using the standard form in Annex VI to this Convention. 
Article 58 
A settlement which has been approved by a court in the course of proc
eedings and is enforceable in the State bound by this 
Convention in which it was concluded shall be enforceable in the State addressed under the same conditions as authentic instruments. The court or competent authority of a State bound by this Convention where a court settlement was approved shall issue, at the request of any interested party, a certificate using the standard form in Annex V to this Convention. 
TITLE V 
GENERAL PROVISIONS 
Article 59 
1. In order to determine whether a party is domiciled in the State 
bou
nd by this Convention whose courts are seised of a matter, the 
court shall apply its internal law. 
2. If a party is not domiciled in the State whose courts are seised 
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   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
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�
of the matter, then, in order to determine whether the party is 
domiciled in another State bound by this Convention, the court shall apply the law of that State. 
Article 60 
1. For the purposes of this Convention, a company or other legal 
per
son or association of natural or legal persons is domiciled at 
the place where it has its: 
(a) statutory seat; or 
(b) central administration; or 
(c) principal place of business. 
2. For the purposes of the United Kingdom and Ireland “statutory 
seat
” means the registered office or, where there is no such office 
anywhere, the place of incorporation or, where there is no such place anywhere, the place under the law of which the formation took place. 
3. In order to determine whether a trust is domiciled in the State 
bou
nd by this Convention whose courts are seised of the matter, 
the court shall apply its rules of private international law. 
Article 61 
Without prejudice to any more favourable provisions of national 
law
s, persons domiciled in a State bound by this Convention who 
are being prosecuted in the criminal courts of another State bound by this Convention of which they are not nationals for an offence which was not intentionally committed may be defended by persons qualified to do so, even if they do not appear in person. However, the court seised of the matter may order appearance in person; in the case of failure to appear, a judgment given in the civil action without the person concerned having had the opportunity to arrange for his defence need not be recognised or enforced in the other States bound by this Convention. 
Article 62 
For the purposes of this Convention, the expression “court” shall inc
lude any authorities designated by a State bound by this 
Convention as having jurisdiction in the matters falling within the scope of this Convention. 
TITLE VI 
TRANSITIONAL PROVISIONS 
Article 63 
1. 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 instruments is sought, in the State addressed. 
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   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
2. However, if the proceedings in the State of origin were 
instituted before the entry into force of this Convention, 
judgments given after that date shall be recognised and enforced in accordance with Title III: 
(a) if the proceedings in the State of origin were instituted after 
the 
entry into force of the Lugano Convention of 16 
September 1988 both in the State of origin and in the State addressed; 
(b) in all other cases, if jurisdiction was founded upon rules 
whi
ch accorded with those provided for either in Title II or 
in a convention concluded between the State of origin and the State addressed which was in force when the proceedings were instituted. 
TITLE VII 
RELATIONSHIP TO COUNCIL REGULATION (EC) NO 
44/
2001 AND OTHER INSTRUMENTS 
Article 64 
1. This Convention shall not prejudice the application by the 
Mem
ber States of the European Community of the Council 
Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as well as any amendments thereof, 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 of the European Communities, 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, as well as of the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed at Brussels on 19 October 2005. 
2. However, this Convention shall in any event be applied: 
(a) in matters of jurisdiction, where the defendant is domiciled 
in t
he territory of a State where this Convention but not an 
instrument referred to in paragraph 1 of this Article applies, 
or where Articles 22 or 23 of this Convention confer jurisdiction on the courts of such a State; 
(b) in relation to lis 
 pendens or to related actions as provided 
for in Articles 27 and 28, when proceedings are instituted in a State where the Convention but not an instrument referred to in paragraph 1 of this Article applies and in a State where this Convention as well as an instrument referred to in paragraph 1 of this Article apply; 
(c) in matters of recognition and enforcement, where either the 
Sta
te of origin or the State addressed is not applying an 
instrument referred to in paragraph 1 of this Article. 
3. In addition to the grounds provided for in Title III, recognition 
or e
nforcement may be refused if the ground of jurisdiction on 
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   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
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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 State where this Convention but not an instrument referred to in paragraph 1 of this Article applies, unless the judgment may otherwise be recognised or enforced under any rule of law in the State addressed. 
Article 65 
Subject to the provisions of Articles 63(2), 66 and 67, this Conv
ention shall, as between the States bound by this 
Convention, supersede the conventions concluded between two or more of them that cover the same matters as those to which this Convention applies. In particular, the conventions mentioned in Annex VII shall be superseded. 
Article 66 
1. The conventions referred to in Article 65 shall continue to have 
effe
ct in relation to matters to which this Convention does not 
apply. 
2. They shall continue to have effect in respect of judgments given 
and 
documents formally drawn up or registered as authentic 
instruments before the entry into force of this Convention. 
Article 67 
1. This Convention shall not affect any conventions by which the 
Cont
racting Parties and/or the States bound by this Convention 
are bound and which in relation to particular matters, govern 
jurisdiction or the recognition or enforcement of judgments. Without prejudice to obligations resulting from other agreements between certain Contracting Parties, this Convention shall not prevent Contracting Parties from entering into such conventions. 
2. This Convention shall not prevent a court of a State bound by 
thi
s Convention and by a convention on a particular matter from 
assuming jurisdiction in accordance with that convention, even 
where the defendant is domiciled in another State bound by this Convention which is not a party to that convention. The court hearing the action shall, in any event, apply Article 26 of this Convention. 
3. Judgments given in a State bound by this Convention by a court 
in t
he exercise of jurisdiction provided for in a convention on a 
particular matter shall be recognised and enforced in the other 
States bound by this Convention in accordance with Title III of this Convention. 
4. In addition to the grounds provided for in Title III, recognition 
or e
nforcement may be refused if the State addressed is not bound 
by the convention on a particular matter and the person against 
whom recognition or enforcement is sought is domiciled in that State, or, if the State addressed is a Member State of the European Community and in respect of conventions which would have to be concluded by the European Community, in any of its Member States, unless the judgment may otherwise be recognised or enforced under any rule of law in the State addressed. 
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   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
5. Where a convention on a particular matter 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. 
Article 68 
1. This Convention shall not affect agreements by which States 
bou
nd by this Convention undertook, prior to the entry into force 
of this Convention, not to recognise judgments given in other States bound by this Convention against defendants domiciled or habitually resident in a third State where, in cases provided for in Article 4, the judgment could only be founded on a ground of jurisdiction as specified in Article 3(2). Without prejudice to obligations resulting from other agreements between certain Contracting Parties, this Convention shall not prevent Contracting Parties from entering into such conventions. 
2. However, a Contracting Party may not assume an obligation 
tow
ards a third State not to recognise a judgment given in another 
State bound by this Convention by a court basing its jurisdiction 
on the presence within that State of property belonging to the defendant, or the seizure by the plaintiff of property situated there: 
(a) if the action is brought to assert or declare proprietary or 
pos
sessory rights in that property, seeks to obtain authority 
to dispose of it, or arises from another issue relating to such property, or 
(b) if the property constitutes the security for a debt which is the 
subj
ect-matter of the action. 
TITLE VIII 
FINAL PROVISIONS 
Article 69 
1. The Convention shall be open for signature by the European 
Comm
unity, Denmark, and States which, at the time of the 
opening for signature, are Members of the European Free Trade Association. 
2. This Convention shall be subject to ratification by the 
Sig
natories. The instruments of ratification shall be deposited with 
the Swiss Federal Council, which shall act as Depositary of this 
Convention. 
3. At the time of the ratification, the Contracting Parties may 
subm
it declarations in accordance with Articles I, II and III of 
Protocol 1. 4. The Convention shall enter into force on the first day of the 
sixt
h month following the date on which the European 
Community and a Member of the European Free Trade 
Association deposit their instruments of ratification. 
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5. The Convention shall enter into force in relation to any other 
Party on the first day of the third month following the deposit of 
its instrument of ratification. 
6. Without prejudice to Article 3(3) of Protocol 2, this Convention 
shal
l replace the Convention on jurisdiction and the enforcement 
of judgments in civil and commercial matters done at Lugano on 
16 September 1988 as of the date of its entry into force in accordance with paragraphs 4 and 5 above. Any reference to the 1988 Lugano Convention in other instruments shall be understood as a reference to this Convention. 
7. Insofar as the relations between the Member States of the 
Euro p
ean Community and the non-European territories referred to 
in Article 70(1)( b) are concerned, this Convention shall replace 
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 of the European Communities, 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, as of the date of the entry into force of this Convention with respect to these territories in accordance with Article 73(2). 
Article 70 
1. After entering into force this Convention shall be open for 
acc
ession by: 
(a) the States which, after the opening of this Convention for 
sign
ature, become Members of the European Free Trade 
Association, under the conditions laid down in Article 71; 
(b) Member States of the European Community acting on 
beh
alf of certain non-European territories that are part of the 
territory of that Member State or for whose external relations that Member State is responsible, under the conditions laid down in Article 71; 
(c) any other State, under the conditions laid down in Article 
72. 
2. States referred to in paragraph 1, which wish to become a 
Cont
racting Party to this Convention, shall address their 
application to the Depositary. The application, including the information referred to in Articles 71 and 72 shall be accompanied by a translation into English and French. 
Article 71 
1. Any State referred to in Article 70(1)( a) an
 d (b) wishing to 
become a Contracting Party to this Convention: 
(a) shall communicate the information required for the 
app
lication of this Convention; 
(b) may submit declarations in accordance with Articles I and 
III 
of Protocol 1. 
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   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012.
�
2. The Depositary shall transmit any information received 
pursuant to paragraph 1 to the other Contracting Parties prior to 
the deposit of the instrument of accession by the State concerned. 
Article 72 
1. Any State referred to in Article 70(1)( c) wi shing to become a 
Contracting Party to this Convention: 
(a) shall communicate the information required for the 
app
lication of this Convention; 
(b) may submit declarations in accordance with Articles I 
and 
III of Protocol 1; and 
(c) shall provide the Depositary with information on, in 
par
ticular: 
(1) their judicial system, including information on the 
app
ointment and independence of judges; 
(2) their internal law concerning civil procedure and 
enf
orcement of judgments; and 
(3)	
their private international law relating to civil 
proc
edure. 
2. The Depositary shall transmit any information received 
pur
suant to paragraph 1 to the other Contracting Parties prior to 
inviting the State concerned to accede in accordance with paragraph 3 of this Article. 
3. Without prejudice to paragraph 4, the Depositary shall invite 
the 
State concerned to accede only if it has obtained the 
unanimous agreement of the Contracting Parties. The Contracting 
Parties shall endeavour to give their consent at the latest within one year after the invitation by the Depositary. 
4. The Convention shall enter into force only in relations between 
the 
acceding State and the Contracting Parties which have not 
made any objections to the accession before the first day of the 
third month following the deposit of the instrument of accession. 
Article 73 
1. The instruments of accession shall be deposited with the 
Dep
ositary. 
2. In respect of an acceding State referred to in Article 70, the 
Conv
ention shall enter into force on the first day of the third 
month following the deposit of its instrument of accession. As of that moment, the acceding State shall be considered a Contracting Party to the Convention. 
3. Any Contracting Party may submit to the Depositary a text of 
thi
s Convention in the language or languages of the Contracting 
Party concerned, which shall be authentic if so agreed by the 
Contracting Parties in accordance with Article 4 of Protocol 2. 
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   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
of Judgments (Amendment) Act 2012. 
Article 74 
1. This Convention is concluded for an unlimited period. 
2. Any Contracting Party may, at any time, denounce the

Conv
ention by sending a notification to the Depositary.

3. The denunciation shall take effect at the end of the calendar

yea
r following the expiry of a period of six months from the date

of receipt by the Depositary of the notification of denunciation.

Article 75 
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 this

Conv
ention and on the Standing Committee,

—	
a Protocol 3, on the application of Article 67 of this

Conv
ention,

—	
Annexes I through IV and Annex VII, with information

rela
ted to the application of this Convention,

— Annexes V and VI, containing the certificates referred to in

Arti
cles 54, 58 and 57 of this Convention,

— Annex VIII, containing the authentic languages referred to

in A
rticle 79 of this Convention, and

—	
Annex IX, concerning the application of Article II of

Prot
ocol 1.

These Protocols and Annexes shall form an integral part of this

Conv
ention.

Article 76 
Without prejudice to Article 77, any Contracting Party may

requ
est the revision of this Convention. To that end, the

Depositary shall convene the Standing Committee as laid down in

Article 4 of Protocol 2.

Article 77 
1. The Contracting Parties shall communicate to the Depositary

the 
text of any provisions of the laws which amend the lists set out

in Annexes I through IV as well as any deletions in or additions to

the list set out in Annex VII and the date of their entry into force.

Such communication shall be made within reasonable time before

the entry into force and be accompanied by a translation into

English and French. The Depositary shall adapt the Annexes

concerned accordingly, after having consulted the Standing

Committee in accordance with Article 4 of Protocol 2. For that

purpose, the Contracting Parties shall provide a translation of the

adaptations into their languages.

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   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012.
�
2. Any amendment of Annexes V through VI and VIII through IX 
to this Convention shall be adopted by the Standing Committee in 
accordance with Article 4 of Protocol 2. 
Article 78 
1. The Depositary shall notify the Contracting Parties 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 Parties; 
(c) any declaration received pursuant to Articles I to IV of 
Prot
ocol 1; 
(d) any communication made pursuant to Article 74(2), Article 
77(
1) and paragraph 4 of Protocol 3. 
2. The notifications will be accompanied by translations into 
Engl
ish and French. 
Article 79 
This Convention, drawn up in a single original in the languages lis
ted in Annex VIII, all texts being equally authentic, shall be 
deposited in the Swiss Federal Archives. The Swiss Federal Council shall transmit a certified copy to each Contracting Party. 
(Signatures of Plenipotentiaries) 
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   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
of Judgments (Amendment) Act 2012. 
PROTOCOL 1 
on certain questions of jurisdiction, procedure and 
enforcement 
THE HIGH CONTRACTING PARTIES HAVE AGREED AS 
FOL
LOWS: 
Article I 
1. Judicial and extrajudicial documents drawn up in one State 
bou
nd by this Convention which have to be served on persons in 
another State bound by this Convention shall be transmitted in accordance with the procedures laid down in the conventions and agreements applicable between these States. 
2. Unless the Contracting Party on whose territory service is to 
tak
e place objects by declaration to the Depositary, such 
documents may also be sent by the appropriate public officers of 
the State in which the document has been drawn up directly to the appropriate public officers of the State in which the addressee is to be found. In this case the officer of the State of origin shall send a copy of the document to the officer of the State applied to who is competent to forward it to the addressee. The document shall be forwarded in the manner specified by the law of the State applied to. The forwarding shall be recorded by a certificate sent directly to the officer of the State of origin. 
3. Member States of the European Community bound by Council 
Regu
lation (EC) No 1348/2000 of 29 May 2000 or by the 
Agreement between the European Community and the Kingdom 
of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters, signed at Brussels on 19 October 2005, shall apply in their mutual relations that Regulation and that Agreement. 
Article II 
1. The jurisdiction specified in Articles 6(2) and 11 in actions on a 
warra
nty or guarantee or in any other third party proceedings may 
not be fully resorted to in the States bound by this Convention referred to in Annex IX. Any person domiciled in another State bound by this Convention may be sued in the courts of these States pursuant to the rules referred to in Annex IX. 
2. At the time of ratification the European Community may 
dec
lare that proceedings referred to in Articles 6(2) and 11 may 
not be resorted to in some other Member States and provide 
information on the rules that shall apply. 
3. Judgments given in the other States bound by this Convention 
by v
irtue of Article 6(2) or Article 11 shall be recognised and 
enforced in the States mentioned in paragraphs 1 and 2 in 
accordance with Title III. Any effects which judgments given in these States may have on third parties by application of the provisions in paragraphs 1 and 2 shall also be recognised in the other States bound by this Convention. 
43

 
           
          
        
         
        
          
   
          
         
      
          
         
           
      
            
           
           
     
          
           
            
           
             
          
     
 
           
          
          
        
             
     
   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
Article III 
1. Switzerland reserves the right to declare upon ratification that it 
wil
l not apply the following part of the provision in Article 34(2): 
“unless the defendant failed to commence proceedings to 
cha
llenge the judgment when it was possible for him to do so”. 
If Switzerland makes such declaration, the other Contracting Part
ies shall apply the same reservation in respect of judgments 
rendered by the courts of Switzerland. 
2. Contracting Parties may, in respect of judgments rendered in an 
acc
eding State referred to in Article 70(1)( c), by declaration 
reserve: 
(a) the right mentioned in paragraph 1; and 
(b) the right of an authority mentioned in Article 39, 
not
withstanding the provisions of Article 41, to examine of 
its own motion whether any of the grounds for refusal of 
recognition and enforcement of a judgment is present or not. 
3. If a Contracting Party has made such a reservation towards an 
acc
eding State as referred to in paragraph 2, this acceding State 
may by declaration reserve the same right in respect of judgments rendered by the courts of that Contracting Party. 
4. Except for the reservation mentioned in paragraph 1, the 
dec
larations are valid for periods of five years and are renewable 
at the end of such periods. The Contracting Party shall notify a 
renewal of a declaration referred to under paragraph 2 not later than six months prior to the end of such period. An acceding State may only renew its declaration made under paragraph 3 after renewal of the respective declaration under paragraph 2. 
Article IV 
The declarations referred to in this Protocol may be withdrawn at any 
time by notification to the Depositary. The notification shall 
be accompanied by a translation into English and French. The Contracting Parties provide for translations into their languages. Any such withdrawal shall take effect as of the first day of the third month following that notification. 
——— 
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   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
of Judgments (Amendment) Act 2012. 
PROTOCOL 2 
on the uniform interpretation of the Convention and on the 
Standing Committee 
PREAMBLE 
THE HIGH CONTRACTING PARTIES, 
HAVING REGARD to Article 75 of this Convention, CONSIDERING the substantial link between this Convention, the 
198
8 Lugano Convention, and the instruments referred to in 
Article 64(1) of this Convention, 
CONSIDERING that the Court of Justice of the European 
Com m
unities has jurisdiction to give rulings on the interpretation 
of the provisions of the instruments referred to in Article 64(1) of this Convention, 
CONSIDERING that this Convention becomes part of 
Com m 
unity rules and that therefore the Court of Justice of the 
European Communities has jurisdiction to give rulings on the interpretation of the provisions of this Convention as regards the application by the courts of the Member States of the European Community, 
BEING AWARE of the rulings delivered by the Court of Justice 
of t
he European Communities on the interpretation of the 
instruments referred to in Article 64(1) of this Convention up to the time of signature of this Convention, and of the rulings delivered by the courts of the Contracting Parties to the 1988 Lugano Convention on the latter Convention up to the time of signature of this Convention, 
CONSIDERING that the parallel revision of both the 1988 
Luga
no and Brussels Conventions, which led to the conclusion of 
a revised text for these Conventions, was substantially based on the above mentioned rulings on the 1968 Brussels and the 1988 Lugano Conventions, 
CONSIDERING that the revised text of the Brussels Convention 
has 
been incorporated, after the entry into force of the Amsterdam 
Treaty, into Regulation (EC) No 44/2001, 
CONSIDERING that this revised text also constituted the basis 
for t
he text of this Convention, 
DESIRING to prevent, in full deference to the independence of the 
courts, divergent interpretations and to arrive at an 
interpretation as uniform as possible of the provisions of this Convention and of those of the Regulation (EC) No 44/2001 which are substantially reproduced in this Convention and of other instruments referred to in Article 64(1) of this Convention, 
HAVE AGREED AS FOLLOWS: 
45

 
          
           
        
           
           
         
 
           
          
            
        
         
        
         
          
 
            
          
           
          
            
          
         
           
 
           
        
         
        
          
          
             
          
         
         
          
         
          
          
            
           
           
          
           
     
   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
Article 1 
1. Any court applying and interpreting this Convention shall pay 
due 
account to the principles laid down by any relevant decision 
concerning the provision( s) concerned or any similar provision( s) 
of the 1988 Lugano Convention and the instruments referred to in 
Article 64(1) of the Convention rendered by the courts of the States bound by this Convention and by the Court of Justice of the European Communities. 
2. For the courts of Member States of the European Community, 
the 
obligation laid down in paragraph 1 shall apply without 
prejudice to their obligations in relation to the Court of Justice of the European Communities resulting from the Treaty establishing the European Community or from the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed at Brussels on 19 October 2005. 
Article 2 
Any State bound by this Convention and which is not a Member Sta
te of the European Community is entitled to submit statements 
of case or written observations, in accordance with Article 23 of the Protocol on the Statute of the Court of Justice of the European Communities, where a court or tribunal of a Member State of the European Community refers to the Court of Justice for a preliminary ruling a question on the interpretation of this Convention or of the instruments referred to in Article 64(1) of this Convention. 
Article 3 
1. The Commission of the European Communities shall set up a 
syste
m of exchange of information concerning relevant judgments 
delivered pursuant to this Convention as well as relevant judgments under the 1988 Lugano Convention and the instruments referred to in Article 64(1) of this Convention. This system shall be accessible to the public and contain judgments delivered by the courts of last instance and of the Court of Justice of the European Communities as well as judgments of particular importance which have become final and have been delivered pursuant to this Convention, the 1988 Lugano Convention, and the instruments referred to in Article 64(1) of this Convention. The judgments shall be classified and provided with an abstract. 
The system shall comprise the transmission to the Commission by 
the 
competent authorities of the States bound by this Convention 
of judgments as referred to above delivered by the courts of these States. 
2. A selection of cases of particular interest for the proper 
func
tioning of the Convention will be made by the Registrar of 
the Court of Justice of the European Communities, who shall 
present the selected case law at the meeting of experts in accordance with Article 5 of this Protocol. 
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   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
of Judgments (Amendment) Act 2012. 
3. Until the European Communities have set up the system 
pursuant to paragraph 1, the Court of Justice of the European 
Communities shall maintain the system for the exchange of information established by Protocol 2 of the 1988 Lugano Convention for judgments delivered under this Convention and the 1988 Lugano Convention. 
Article 4 
1. A Standing Committee shall be set up, composed of the 
repre
sentatives of the Contracting Parties. 
2. At the request of a Contracting Party, the Depositary of the 
Conv
ention shall convene meetings of the Committee for the 
purpose of: 
— a consultation on the relationship between this Convention 
and 
other international instruments, 
—	
a consultation on the application of Article 67, including 
int
ended accessions to instruments on particular matters 
according to Article 67(1), and proposed legislation according to Protocol 3, 
—	
the consideration of the accession of new States. In 
par
ticular, the Committee may ask acceding States referred 
to in Article 70(1)( c) questions about its judicial system and 
the implementation of the Convention. The Committee may also consider possible adaptations to the Convention necessary for its application in the acceding States, 
— the acceptance of new authentic language versions pursuant 
to A
rticle 73(3) of this Convention and the necessary 
amendments to Annex VIII, 
— a consultation on a revision of the Convention pursuant to 
Arti
cle 76, 
— a consultation on amendments to Annexes I through IV and 
Ann
ex VII pursuant to Article 77(1), 
— the adoption of amendments to Annexes V and VI pursuant 
to A
rticle 77(2), 
— a withdrawal of the reservations and declarations made by 
the 
Contracting Parties pursuant to Protocol 1 and necessary 
amendments to Annex IX. 
3. The Committee shall establish the procedural rules concerning 
its 
functioning and decision-making. These rules shall provide for 
the possibility to consult and decide by written procedure. 
Article 5 
1. The Depositary may convene, whenever necessary, a meeting 
of e
xperts to exchange views on the functioning of the 
Convention, in particular on the development of the case-law and new legislation that may influence the application of the Convention. 
47            
            
          
           
   
          
            
 
   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012.
�
2. This meeting shall be composed of experts of the Contracting 
Parties, of the States bound by this Convention, of the Court of 
Justice of the European Communities, and of the European Free Trade Association. It shall be open to any other experts whose presence is deemed appropriate. 
3. Any problems arising on the functioning of the Convention 
may 
be referred to the Standing Committee referred to in Article 4 
of this Protocol for further action. 
——— 
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   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
of Judgments (Amendment) Act 2012. 
PROTOCOL 3 
on the application of article 67 of the Convention 
THE HIGH CONTRACTING PARTIES HAVE AGREED AS 
FOL
LOWS: 
1. For the purposes of the Convention, provisions which, in 
rela
tion to particular matters, govern jurisdiction or the 
recognition or enforcement of judgments and which are or will be contained in acts of the institutions of the European Communities shall be treated in the same way as the conventions referred to in Article 67(1). 
2. If one of the Contracting Parties is of the opinion that a 
prov
ision contained in a proposed act of the institutions of the 
European Communities is incompatible with the Convention, the 
Contracting Parties shall promptly consider amending the Convention pursuant to Article 76, without prejudice to the procedure established by Protocol 2. 
3. Where a Contracting Party or several Parties together 
inc
orporate some or all of the provisions contained in acts of the 
institutions of the European Community referred to in paragraph 1 
into national law, then these provisions of national law shall be treated in the same way as the conventions referred to in Article 67(1). 
4. The Contracting Parties shall communicate to the Depositary 
the 
text of the provisions mentioned in paragraph 3. Such 
communication shall be accompanied by a translation into English 
and French. 
——— 
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   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
ANNEX I 
The rules of jurisdiction referred to in Article 3(2) and 4(2) of the 
Convention are the following: 
— in Belgium: Articles 5 through 14 of the Law of 16 July 
200
4 on private international law, 
—	
in Bulgaria: Article 4(1) of the International Private Law 
Code
, 
— in the Czech Republic: Article 86 of Act No 99/1963 Coll., 
the 
Code of Civil Procedure (občanský soudní řád ), as 
amended, 
— in Denmark: Article 246(2) and (3) of the Administration of 
Justi
ce Act ( Lov om rettens pleje ), 
—	
in Germany: Article 23 of the code of civil procedure 
(Zi
vilprozeßordnung ), 
—	
in Estonia: Paragraph 86 of the Code of Civil Procedure 
(tsi
viilkohtumenetluse seadustik ), 
—	
in Greece: Article 40 of the code of civil procedure 
(Κώδ
ικας Πολιτικής Δικονομίας ), 
— in France: Articles 14 and 15 of the civil code ( Code civil), 
— in Iceland: Article 32 paragraph 4 of the Civil Proceedings 
Act 
(Lög um meðferð einkamála nr. 91/1991 ), 
— in Ireland: the rules which enable jurisdiction to be founded 
on t
he document instituting the proceedings having been 
served on the defendant during his temporary presence in Ireland, 
— in Italy: Articles 3 and 4 of Act 218 of 31 May 1995, 
— in Cyprus: section 21(2) of the Courts of Justice Law No 14 
of 1
960, as amended, 
— in Latvia: section 27 and paragraphs 3, 5, 6 and 9 of section 
28 o
f the Civil Procedure Law ( Civilprocesa likums ), 
—	
in Lithuania: Article 31 of the Code of Civil Procedure 
(Civ
ilinio proceso kodeksas ), 
— in Luxembourg: Articles 14 and 15 of the civil code ( Code 
c
ivil), 
— in Hungary: Article 57 of Law Decree No. 13 of 1979 on 
Inte
rnational Private Law (a nemzetközi magánjogról szóló 
1979. évi 13. törvényerejű rendelet ), 
—	
in Malta: Articles 742, 743 and 744 of the Code of 
Orga
nisation and Civil Procedure — Cap. 12 ( Kodiċi ta’ 
Organizzazzjoni u Proċedura Ċivili — Kap. 12 ) and Article 
549 of the Commercial Code — Cap. 13 ( Kodiċi tal -
kummerċ — Kap. 13), 
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   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
of Judgments (Amendment) Act 2012. 
— in Norway: Section 4-3(2) second sentence of the Dispute 
Act ( tvisteloven ), 
—	
in Austria: Article 99 of the Law on court Jurisdiction 
(Ju
risdiktionsnorm ), 
—	
in Poland: Articles 1103 and 1110 of the Code of Civil 
Proc
edure ( Kodeks postępowania cywilnego ), insofar as 
they establish jurisdiction on the basis of the defendant’s 
residence in Poland, the possession by the defendant of property in Poland or his entitlement to property rights in Poland, the fact that the object of the dispute is located in Poland and the fact that one of the parties is a Polish citizen, 
— in Portugal: Article 65 and Article 65A of the code of civil 
proc
edure ( Código de Processo Civil ) and Article 11 of the 
code of labour procedure ( Código de Processo de 
Trabalho ), 
—	
in Romania: Articles 148-157 of Law No. 105/1992 on 
Priv
ate International Law Relations, 
— in Slovenia: Article 48(2) of the Private International Law 
and 
Procedure Act ( Zakon o mednarodnem zasebnem pravu 
in postopku ) in relation to Article 47(2) of Civil Procedure 
Act ( Zakon o pravdnem postopku ) and Article 58 of the 
Private International Law and Procedure Act ( Zakon o 
mednarodnem zasebnem pravu in postopku ) in relation to 
Article 59 of Civil Procedure Act ( Zakon o pravdnem 
postopku ), 
— in Slovakia: Articles 37 to 37e of Act No 97/1963 on Private 
Inte
rnational Law and the Rules of Procedure relating 
thereto, 
— in Switzerland: le for du lieu du séquestre/Gerichtsstand des 
Arrest
ortes/foro del luogo del sequestro within the meaning 
of Article 4 of the loi fédérale sur le droit international privé/Bundesgesetz über das internationale Privatrecht/legge federale sul diritto internazionale privato, 
— in Finland: the second, third and fourth sentences of the first 
par
agraph of Section 1 of Chapter 10 of the Code of Judicial 
Procedure ( oikeudenkäymiskaari/rättegångsbalken ), 
—	
in Sweden: the first sentence of the first paragraph of 
Sec
tion 3 of Chapter 10 of the Code of Judicial Procedure 
(rättegångsbalken ), 
— in the United Kingdom: the rules which enable jurisdiction 
to b
e founded on: 
(a) the document instituting the proceedings having been 
serv
ed on the defendant during his temporary presence 
in the United Kingdom, or 
51

         
    
           
 
   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012.
�
(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 
Uni
ted Kingdom. 
——— 
52

 
         
            
 
         
      
      
          
    
  
     
          
  
           
         
      
        
          
    
              
            
    
          
         
         
        
   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
of Judgments (Amendment) Act 2012. 
ANNEX II 
The courts or competent authorities to which the application 
referred to in Article 39 of the Convention may be submitted are the following: 
—	
in Belgium: the “tribunal de première instance” or 
“re
chtbank van eerste aanleg” or “erstinstanzliches 
Gericht”, 
— in Bulgaria: the “Софийски градски съд”, 
—	
in the Czech Republic: the “ okre sní soud ” or “ soudní 
exekutor ”, 
— in Denmark: the “ byr et”, 
— in Germany: 
(a) the presiding judge of a chamber of the “ Lan dgericht ”; 
(b) a notary in a procedure of declaration of enforceability 
of a
n authentic instrument, 
— in Estonia: the “ maa kohus ” (county court), 
— in Greece: the “Μονομελές Πρωτοδικείο”, 
— in Spain: the “Juzgado de Primera Instancia”, 
— in France: 
(a) the “greffier en chef du tribunal de grande instance”; 
(b) the “ président de la chambre départementale des 
no
taires ” in the case of application for a declaration of 
enforceability of a notarial authentic instrument, 
— in Ireland: the High Court, 
— in Iceland: the “ hér aðsdómur ”, 
— in Italy: the “ cor te d’appello ”, 
— in Cyprus: the “ Επαρ χ ιακό Δικαστήριο ” or in the case of a 
maintenance judgment the “ Οικογενειακό Δικαστήριο ”, 
— in Latvia: the “rajona (pilsētas) tiesa”, 
— in Lithuania: the “Lietuvos apeliacinis teismas”, 
—	
in Luxembourg: the presiding judge of the “ trib unal 
d’arrondissement ”, 
— in Hungary: the “megyei bíróság székhelyén működő helyi 
bír
óság”, and in Budapest the “Budai Központi Kerületi 
Bíróság”, 
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   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012.
�
—	
in Malta: the “Prim’ Awla tal-Qorti Ċivili” or “Qorti tal -
Maġistrati ta’ Għawdex filġurisdizzjoni superjuri tagħha”, 
or, i
n the case of a maintenance judgment, the “Reġistratur 
tal-Qorti” on transmission by the “Ministru responsabbli għall-Ġustizzja”, 
—	
in the Netherlands: the “voorzieningenrechter van de 
rech
tbank”, 
— in Norway: the “ tin grett ”, 
— in Austria: the “Bezirksgericht”, 
— in Poland: the “sąd okręgowy”, 
— in Portugal: the “ Trib unal de Comarca ”, 
— in Romania: the “ Trib unal”, 
— in Slovenia: the “ okr ožno sodišče ”, 
— in Slovakia: the “ okr esný súd ”, 
— in Switzerland: 
(a) in respect of judgments ordering the payment of a sum 
of m
oney, the “juge de la mainlevée”/“Rechtsöff-
nungsrichter”/“giudice competente a pronunciare sul rige
tto dell’opposizione” , within the framework of the 
procedure governed by Articles 80 and 81 of the loi fédérale sur la poursuite pour dettes et la faillite/Bundesgesetz über Schuldbetreibung und Konkurs/legge federale sulla esecuzione e sul fallimento; 
(b) in respect of judgments ordering a performance other 
tha
n the payment of a sum of money, the “juge cant -
onal d’exequatur” compétent/zuständiger “kantonaler Vol
lstreckungsrichter”/“giudice cantonale” compet -
ente a pronunciare l’exequatur, 
— in Finland: the “käräjäoikeus/tingsrätt”, 
— in Sweden: the “Svea hovrätt”, 
— in the United Kingdom: 
(a) in England and Wales, the High Court of Justice, or in 
the 
case of a maintenance judgment, the Magistrates’ 
Court on transmission by the Secretary of State; 
(b) in Scotland, the Court of Session, or in the case of a 
mai
ntenance judgment, the Sheriff Court on 
transmission by the Secretary of State; 
(c) in Northern Ireland, the High Court of Justice, or in the 
cas
e of a maintenance judgment, the Magistrates’ Court 
on transmission by the Secretary of State; 
54

           
      
      
   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
of Judgments (Amendment) Act 2012.
�
(d) in Gibraltar, the Supreme Court of Gibraltar, or in the 
case of a maintenance judgment, the Magistrates’ Court 
on transmission by the Attorney General of Gibraltar. 
——— 
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   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
ANNEX III 
The courts with which appeals referred to in Article 43(2) of the 
Convention may be lodged are the following: 
— in Belgium: 
(a) as regards appeal by the defendant, the “tribunal de 
prem
ière instance” or “rechtbank van eerste aanleg” or 
“erstinstanzliche Gericht”; 
(b) as regards appeal by the applicant: the “ cou r d’appel ” 
or “hof van beroep ”, 
— in Bulgaria: the “Апелативен съд — София”, 
—	
in the Czech Republic: the court of appeal through the 
dis
trict court, 
— in Denmark: the “ lan dsret ”, 
—	
 in the Federal Republic of Germany: the 
“Obe
rlandesgericht ”, 
— in Estonia: the “ rin gkonnakohus ”, 
— in Greece: the “ Εφετ είο”, 
— in Spain: el “ Juz gado de Primera Instancia ” que dictó la 
resolución recurrida para ser resuelto el recurso por la Audiencia Provincial, 
— in France: 
(a) the “ cour d’appel ” o
 n decisions allowing the 
application; 
(b) the presiding judge of the “ trib unal de grande 
instance ”, on decisions rejecting the application, 
— in Ireland: the High Court, 
— in Iceland: the “ hér aðsdómur ”, 
— in Italy: the “ cor te d’appello ”, 
— in Cyprus: the “ Επαρ χ ιακό Δικαστήριο ” or in the case of a 
maintenance judgment the “ Οικογενειακό Δικαστήριο ”, 
—	
in Latvia: the “Apgabaltiesa” via the “rajona (pilsētas) 
tie
sa”, 
— in Lithuania: the “Lietuvos apeliacinis teismas”, 
— in Luxembourg: the “ Cour supérieure de justice ” sitting as a 
court of civil appeal, 
— in Hungary: the local court situated at the seat of the county 
cou
rt (in Budapest, the Central District Court of Buda); the 
appeal is adjudicated by the county court (in Budapest, the Capital Court), 
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   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
of Judgments (Amendment) Act 2012. 
—	
in Malta: the “ Qorti ta’ l-Appell ” in accordance with the 
procedure laid down for appeals in the Kodiċi ta’ 
Organizzazzjoni u Proċedura Ċivili — Kap.12 or in the case of a maintenance judgment by “ ċitazzjoni ” before the 
“Prim’ Awla tal-Qorti ivili jew il-Qorti tal-Maġistrati ta’ 
Għawdex fil-ġurisdizzjoni superjuri tagħha ”, 
— in the Netherlands: the “rechtbank”, 
— in Norway: the “lagmannsrett”, 
— in Austria: the “Landesgericht” via the “Bezirksgericht”, 
— in Poland: the “sąd apelacyjny” via the “sąd okręgowy”, 
—	
in Portugal: the “ Trib
 unal da Relação ” is the competent 
court. The appeals are launched, in accordance with the national law in force, by way of a request addressed to the court which issued the contested decision, 
— in Romania: the “ Curte 
 de Apel”, 
— in Slovenia: the “ okr ožno sodišče ”, 
— in Slovakia: the court of appeal through the district court 
who
se decision is being appealed, 
—	
in Switzerland: the “tribunal cantonal/Kantonsgericht/ -
tribunale cantonale”, 
— in Finland: the “hovioikeus/hovrätt”, 
— in Sweden: the “ Sve a hovrätt ”, 
— in the United Kingdom: 
(a) in England and Wales, the High Court of Justice, or in 
the 
case of a maintenance judgment, the Magistrates’ 
Court; 
(b) in Scotland, the Court of Session, or in the case of a 
mai
ntenance judgment, the Sheriff Court; 
(c) in Northern Ireland, the High Court of Justice, or in the 
cas
e of a maintenance judgment, the Magistrates’ 
Court; 
(d) in Gibraltar, the Supreme Court of Gibraltar, or in the 
cas
e of a maintenance judgment, the Magistrates’ 
Court. 
——— 
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   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
ANNEX IV 
The appeals which may be lodged pursuant to Article 44 of the 
Convention are the following: 
— in Belgium: Greece, Spain, France, Italy, Luxembourg and 
in t
he Netherlands, an appeal in cassation, 
—	
in Bulgaria: “обжалване пред Върховния касационен 
съд
”, 
—	
in the Czech Republic: a “ dov olání ” and a “ žaloba pro 
zmatečnost ”, 
— in Denmark: an appeal to the “ høj esteret ”, with the leave of 
the “ Procesbevillingsnævnet ”, 
— in the Federal Republic of Germany: a “ Rech tsbeschwerde ”, 
— in Estonia: a “ kas satsioonikaebus ”, 
— in Ireland: an appeal on a point of law to the Supreme Court, 
— in Iceland: an appeal to the “ Hæst i réttur ”, 
— in Cyprus: an appeal to the Supreme Court, 
— in Latvia: an appeal to the “ Augst ākās tiesas Senāts ” via the 
“Apgabaltiesa ”, 
—	
in Lithuania: an appeal to the “ Lie tuvos Aukščiausiasis 
Teismas ”, 
— in Hungary: “ fel ülvizsgálati kérelem ”, 
— in Malta: no further appeal lies to any other court; in the case 
of a 
maintenance judgment the “ Qorti ta’ l-Appell ” in 
accordance with the procedure laid down for appeal in the “kodiċi ta’ Organizzazzjoni u Procedura Ċivili — Kap. 12”, 
— in Norway: an appeal to the “Høyesteretts Ankeutvalg” or 
“Hø
yesterett”, 
— in Austria: a “ Revi sionsrekurs ”, 
— in Poland: “ skarg a kasacyjna ”, 
— in Portugal: an appeal on a point of law, 
— in Romania: a “ con testatie in anulare ” or a “ revizuire ”, 
— in Slovenia: an appeal to the “ Vrho v no sodišče Republike 
Slovenije ”, 
— in Slovakia: the “ dov olanie ”, 
—	
 in Switzerland: a “recours devant le Tribunal 
fédé
ral”/“Beschwerde beim Bundesgericht”/“ricorso davanti 
al Tribunale federale”, 
—	
in Finland: an appeal to the “ kor kein oikeus/högsta 
domstolen ”, 
58         
             
   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
of Judgments (Amendment) Act 2012.
�
— in Sweden: an appeal to the “ Högsta domstolen ”, 
— in the United Kingdom: a single further appeal on a point of 
law
. 
——— 
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   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
ANNEX V 
Certificate on judgments and court settlements referred to in 
Articles 54 and 58 of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters 
1. State of origin 
2. Court or competent authority issuing the certificate 
2.1. Name 
2.2. Address 
2.3. Tel/Fax/E-mail 
3. Court which delivered the judgment/approved the court 
sett
lement* 
3.1. Type of court 
3.2. Place of court 
4. Judgment/court settlement* 
4.1. Date 
4.2. Reference number 
4.3. The parties to the judgment/court settlement* 
4.3.1. Name(s) of plaintiff(s) 
4.3.2. Name(s) of defendant(s) 
4.3.3. Name(s) of other party(ies), if any 
4.4. Date of service of the document instituting the 
proc
eedings where judgment was given in default of 
appearance 4.5. Text of the judgment/court settlement* as annexed to this 
cer
tificate 
5. Names of parties to whom legal aid has been granted 
The judgment/court settlement* is enforceable in the State of

orig
in (Article 38/58 of the Convention) against:

Name:

Done at.........................., date....................

Signature and/or stamp...............................

*Delete as appropriate 
——— 
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   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
of Judgments (Amendment) Act 2012. 
ANNEX VI 
Certificate on authentic instruments referred to in Article 57(4) of 
the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters 
1. State of origin 
2. Court or competent authority issuing the certificate 
2.1. Name 
2.2. Address 
2.3. Tel/Fax/E-mail 
3. Authority which has given authenticity to the instrument 
3.1. Authority involved in the drawing up of the authentic 
ins
trument (if applicable) 
3.1.1. Name and designation of authority 
3.1.2. Place of authority 
3.2. Authority which has registered the authentic instrument (if 
app
licable) 
3.2.1. Type of authority 
3.2.2. Place of authority 
4. Authentic instrument 
4.1. Description of the instrument 
4.2. Date 
4.2.1. on which the instrument was drawn up 
4.2.2. if different: on which the instrument was registered 
4.3. Reference number 
4.4. Parties to the instrument 
4.4.1. Name of the creditor 
4.4.2. Name of the debtor 
5. Text of the enforceable obligation as annexed to this certificate. 
The authentic instrument is enforceable against the debtor in the

Sta
te of origin (Article 57(1) of the Convention).

Done at.........................., date....................

Signature and/or stamp...............................

——— 
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   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
ANNEX VII 
The conventions superseded pursuant to Article 65 of the 
Convention are, in particular, the following: 
— 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 Czechoslovak Republic and the 
Swi
ss Confederation on the recognition and enforcement of 
judgments with additional protocol, signed at Bern on 21 December 1926, 
—	
the Convention between the Swiss Confederation and the 
Germ
an 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 t
he recognition and enforcement of judgments, signed at 
Rome on 3 January 1933, 
—	
 the Convention between Sweden and the Swiss 
Confe
deration on the recognition and enforcement of 
judgments and arbitral awards signed at Stockholm on 15 January 1936, 
—	
the Convention between the Swiss Confederation and 
Belg
ium on the recognition and enforcement of judgments 
and arbitration awards, signed at Berne on 29 April 1959, 
—	
 the Convention between Austria and the Swiss 
Confe
deration on the recognition and enforcement of 
judgments, signed at Berne on 16 December 1960, 
— the Convention between Norway and the United Kingdom 
prov
iding for the reciprocal recognition and enforcement of 
judgments in civil matters, signed at London on 12 June 1961, 
— the Convention between Norway and the Federal Republic 
of G
ermany 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, and 
—	
the Convention between Norway and Austria on the 
reco
gnition and enforcement of judgments in civil matters, 
signed at Vienna on 21 May 1984. 
——— 
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   [2012 .] Jurisdiction of Courts and Enforcement [No. 7.] SCH. 
of Judgments (Amendment) Act 2012. 
ANNEX VIII 
The languages referred to in Article 79 of the Convention are 
Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Icelandic, Irish, Italian, Latvian, Lithuanian, Maltese, Norwegian, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish. 
——— 
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   SCH. [NO. 7.] Jurisdiction of Courts and Enforcement [2012.] 
of Judgments (Amendment) Act 2012. 
ANNEX IX 
The States and the rules referred to in Article II of Protocol 1 are 
the following: 
— Germany: Articles 68, 72, 73 and 74 of the code of civil 
proc
edure ( Zivilprozeßordnung ) concerning third-party 
notices, 
—	
Austria: Article 21 of the code of civil procedure 
(Zi
vilprozeßordnung ) concerning third-party notices, 
— Hungary: Articles 58 to 60 of the Code of Civil Procedure 
(Pol
gári perrendtartás ) concerning third-party notices, 
— Switzerland, with respect to those cantons whose applicable 
cod
e of civil procedure does not provide for the jurisdiction 
referred to in Articles 6(2) and 11 of the Convention: the appropriate provisions concerning third-party notices ( litis 
denuntiatio ) of the applicable code of civil procedure.”. 
64