88/592/EEC: Convention on jurisdiction and the enforcement of judgments in civil and commercial matters - Done at Lugano on 16 September 1988
Date: 1988-09-16
Institutions: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom
Subjects: EFTA, civil law, civil procedure, commercial law, enforcement of ruling, international convention, judicial cooperation, judicial cooperation in civil matters in the EU, jurisdiction, private international law, right to justice

25 . 11 . 88

Official Journal of the European Communities

No L 31 9 / 9

on jurisdiction and the enforcement of judgments in civil and commercial matters

CONVENTION

Done at Lugano on 16 September 1988

( 88 / 592 / EEC )

PREAMBLE

THE HIGH CONTRACTING PARTIES TO THIS CONVENTION ,

ANXIOUS to strengthen in their territories the legal protection of persons therein established,

CONSIDERING that it is necessary for this purpose to determine the international jurisdiction of their courts , to
facilitate recognition and to introduce an expeditious procedure for securing the enforcement of judgments ,
authentic instruments and court settlements ,

AWARE of th6 links between them , which have been sanctioned in the economic field by the free trade agreements
concluded between the European Economic Community and the States members of the European Free Trade
Association ,

TAKING INTO ACCOUNT the Brussels Convention of 27 September 1968 on jurisdiction and the enforcement
of judgments in civil and commercial matters , as amended by the Accession Conventions under the successive
enlargements of the European Communities ,

PERSUADED that the extension of the principles of that Convention to the States parties to this instrument will
strengthen legal and economic cooperation in Europe,

DESIRING to ensure as uniform an interpretation as possible of this instrument,

HAVE in this spirit DECIDED to conclude this Convention and

HAVE AGREED AS FOLLOWS :

TITLE I

SCOPE

Article 1

This Convention shall apply in civil and commercial matters
whatever the nature of the court or tribunal . It shall not
extend , in particular , to revenue , customs or administrative
matters .

The Convention shall not apply to :
1 .

the status or legal capacity of natural persons , rights in
property arising out of a matrimonial relationship , wills
and succession ;

2 . bankruptcy , proceedings relating to the winding-up of
judicial
pro­

insolvent companies or other legal persons ,
arrangements ,
compositons
ceedings ;
social security ;

analogous

and

3 .
4 . arbitration .

TITLE II

JURISDICTION

Section 1

General provisions

Article 2

Subject
to the provisions of this Convention , persons
domiciled in a Contracting State shall , whatever their
nationality , be sued in the courts of that State .

Persons who are not nationals of the State in which they are
domiciled shall be governed by the rules of jurisdiction
applicable to nationals of that State.

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Article 3

Persons domiciled in a Contracting State may be sued in the
courts of another Contracting State only by virtue of the rules
set out in Sections 2 to 6 of this Title .

In particular the following provisions shall not be applicable
as against them :

— in Belgium : Article 15 of the civil code ( Code civil —
Burgerlijk Wetboek) and Article 638 of the judicial code
( Code judiciaire — Gerechtelijk Wetboek),

— in Denmark: Article 246 ( 2 ) and ( 3 ) of the law on civil

procedure (Lov om rettens pleje),

— in the Federal Republic of Germany: Article 23 of the

code of civil procedure (Zivilprozefiordnung),

— in Greece: Article 40 of the code of civil procedure

( Κώδικας πολιτικής δικουομίας),

— in France : Articles 14 and 15 of the civil code ( Code

civil ),

— in Ireland :

the rules which enable jurisdiction to be
founded on the document instituting the proceedings
having been served on the defendant during his
temporary presence in Ireland ,

— in Iceland : Article 77 of the Civil Proceedings Act (log um

me8fer8 einkamala l hera8i),

— in Italy: Articles 2 and 4 , Nos 1 and 2 of the code of civil

procedure ( Codice di procedura civile ),

— in Luxembourg: Articles 14 and 1 5 of the civil code ( Code

civil ),

— in the Netherlands: Articles 126 ( 3 ) and 127 of the
code of civil procedure (Wetboek van Burgerlijke
Rechtsvordering) ,

— in Norway: Section 32 of the Civil Proceedings Act

(tvistemalsloven) ,

— in Austria : Article 99 of the Law on Court Jurisdiction

(Jurisdiktionsnorm )

— in Portugal : Articles 65 ( 1 ) (c), 65 ( 2 ) and 65A (c) of the
code of civil procedure ( Codigo de Processo Civil ) and
Article 11 of the code of labour procedure ( Codigo de
Processo de Trabalho ),

— in Switzerland : le for du lieu du séquestre / Gerichtsstand
des Arrestortes / foro del luogo del sequestro within the
meaning of Article 4 of the loi fédérale sur le droit
international privé / Bundesgesetz iiber das internationale
Privatrecht/ legge federale sul diritto internazionale
privato ,

— in Finland: the second , third and fourth sentences of
Section 1 of Chapter 10 of the Code of Judicial Procedure
(oikeudenkaymiskaari / rattegcingsbalken) ,

— in the United Kingdom :

the

rules which enable

jurisdiction to be founded on:

( a )

( b )

( c)

the document
instituting the proceedings having
been served on the defendant during his temporary
presence in the United Kingdom ; or

the presence within the United Kingdom of property
belonging to the defendant; or

the seizure by the plaintiff of property situated in the
United Kingdom .

Article 4

If the defendant is not domiciled in a Contracting State, the
jurisdiction of the courts of each Contracting State shall ,
subject to the provisions of Article 16 , be determined by the
law of that State .

As against such a defendant, any person domiciled in a
Contracting State may , whatever his nationality, avail
himself in that State of the rules of jurisdiction there in force ,
and in particular those specified in the second paragraph of
Article 3 , in the same way as the nationals of that State .

Section 2

Special jurisdiction

Article 5

A person domiciled in a Contracting State may, in another
Contracting State , be sued :

1 .

2 .

in matters relating to a contract , in the courts for the
place of performance of the obligation in question ; in
matters relating to individual contracts of employment ,
this place is that where the employee habitually carries
out his work , or if the employee does not habitually carry
out his work in any one country , this place shall be the
place of business through which he was engaged ;

in matters relating to maintenance , in the courts for the
place where the maintenance creditor is domiciled or
habitually resident or ,
if the matter is ancillary to
proceedings concerning the status of a person , in the
court which , according to its own law, has juridiction to
entertain those proceedings , unless that jurisdiction is
based solely on the nationality of one of the parties ;

— in Sweden : the first sentence of Section 3 of Chapter 1 0 of
the Code of Judicial Procedure ( RattegSngsbalken),

3 .

in matters relating to tort , delict or quasi-delict, in the
courts for the place where the harmful event occurred ;

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4 .

5 .

6 .

7 .

as regards a civil claim for damages or restitution which
is based on an act giving rise to criminal proceedings , in
the court seised of those proceedings , to the extent that
that court has jurisdiction under its own law to entertain
civil proceedings ;

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 ;

in his capacity as settlor , trustee or beneficiary of a trust
created by the operation of a statute , or by a written
instrument , or created orally and evidenced in writing, in
the courts of the Contracting State in which the trust is
domiciled;

regards

as
a dispute concerning the payment of
remuneration claimed in respect of the salvage of a cargo
or freight, in the court under the authority of which the
cargo or freight in question :

matters relating to rights in rem in immovable property,
in the court of the Contracting State in which the
property is situated .

Article 6A

Where by virtue of this Convention a court of a Contracting
State has jurisdiction in actions relating to liability arising
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.

Section 3

Jurisdiction in matters relating to insurance

( a) has been arrested to secure such payment ,

Article 7

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 Contracting State may also 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 ;

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 counterclaim arising from the same contract or facts
on which the original claim was based , in the court in
which the original claim is pending;

In matters relating to insurance ,
jurisdiction shall be
determined by this Section , without prejudice to the
provisions of Articles 4 and 5 ( 5 ).

Article 8

An insurer domiciled in a Contracting State may be sued :

1 .

2 .

3 .

in the courts of the State where he is domiciled ; or

in another Contracting State , in the courts for the place
where the policy-holder is domiciled ; or

if he is a co-insurer , in the courts of a Contracting State in
the leading
which proceedings are brought against
insurer .

An insurer who is not domiciled in a Contracting State but
has a branch , agency or other establishment in one of the
Contracting States shall ,
in disputes arising out of the
operations of the branch , agency or establishment , be
deemed to be domiciled in that State .

Article 9

In respect of liability insurance or insurance of immovable
property, 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 10

4 .

in matters relating to a contract , if the action may be
combined with an action against the same defendant in

In respect of liability insurance, the insurer may also , if the
law of the court permits it , be joined in proceedings which the
injured patty has brought against the insured .

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The provisions of Articles 7 , 8 and 9 shall apply to actions
brought by the injured party directly against the insurer,
where such direct actions are permitted .

1 .

any loss of or damage to :

( a)

sea-going ships , installations situated off shore or on
the high seas, or aircraft, arising from perils which
relate to their use for commercial purposes ;

If the law governing such direct actions provides that the
policy-holder or the insured may be joined as a party to the
action , the same court shall have jurisdiction over them .

(b) goods in transit other than passengers' baggage
where the transit consists of or includes carriage by
such ships or aircraft;

Article 11

Without prejudice to the provisions of the third paragraph of
Article 10 , an insurer may bring proceedings only in the
courts of the Contracting State in which the defendant is
domiciled, irrespective of whether he is the policy-holder, the
insured or a beneficiary.

The provisions of this Section shall not affect the right to
bring a counterclaim in the court in which , in accordance
with this Section , the original claim is pending.

2 .

any liability, other than for bodily injury to passengers or
loss of or damage to their baggage;

( a)

arising out of the use or operation of ships,
installations or aircraft as referred to in ( 1 ) ( a) above
in so far as the law of the Contracting State 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
described in ( 1 ) (b ) above ;

3 .

any financial loss connected with the use or operation of
ships, installations or aircraft as referred to in ( 1 )
(a)
above , in particular loss of freight or charter-hire ;

Article 12

4 .

any risk or interest connected with any of those referred
to in ( 1 ) to ( 3 ) above .

The provisions of this Section may be departed from only by
an agreement on jurisdiction:

1 . which is entered into after the dispute has arisen ; or

Section 4

2 . which allows the policy-holder,

the insured or a
beneficiary to bring proceedings in courts other than
those indicated in this Section ; or

3 . which is concluded between a policy-holder and an
insurer , both of whom are at the time of conclusion of the
contract domiciled or habitually resident in the same
Contracting State, 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 the State ; or

4 . which is concluded with a policy-holder who is not
domiciled in a Contracting State, except in so far as the
insurance is compulsory or
relates to immovable
property in a Contracting State; or

5 . which relates to a contract of insurance in so far as it
covers one or more of the risks set out in Article 12A.

Article 12A

The following are the risks referred to in Article 12 ( 5 ):

Jurisdiction over consumer contracts

Article 13

In proceedings concerning a contract concluded by a person
for a purpose which can be regarded as being outside his
trade or profession , hereinafter called 'the consumer',
jurisdiction shall be determined by this Section , without
prejudice to the provisions of Articles 4 and 5 ( 5 ), if it is :

1 .

2.

a contract for the sale of goods on instalment credit
terms ; or

a contract for a loan repayable by instalments, or for any
other form of credit, made to finance the sale of goods;

or

3 .

any other contract for the supply of goods or a contract
for the supply of services , and

( a )

in the State of
the consumer's domicile the
conclusion of the contract was preceded by a specific
invitation addressed to him or by advertising, and

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(b )

the consumer took in that State the steps necessary
for the conclusion of the contract .

immovable property, the courts of the Contracting
State in which the property is situated ;

Where a consumer enters into a contract with a party who is
not domiciled in a Contracting State but has a branch , agency
or other establishment in one of the Contracting States , that
party shall , in disputes arising out of the operations of the
branch , agency or establishment, be deemed to be domiciled
in that State .

This Section shall not apply to contracts of transport .

Article 14

A consumer may bring proceedings against the other party to
a contract either in the courts of the Contracting State in
which that party is domiciled or in the courts of the
Contracting State in which he is himself domiciled .

Proceedings may be brought against a consumer by the other
party to the contract only in the courts of the Contracting
State in which the consumer is domiciled .

These provisions shall not affect
to bring a
counterclaim in the court in which , in accordance with this
Section , the original claim is pending.

the right

Article IS

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 other 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 Contracting State , and which
confers jurisdiction on the courts of that State , provided
that such an agreement is not contrary to the law of that
State .

(b ) however , in proceedings which have as their object
tenancies of immovable property concluded for
temporary private use for a maximum period of six
consecutive months , the courts of the Contracting
State in which the defendant is domiciled shall also
have jurisdiction , provided that the tenant is a
natural person and neither party is domiciled in the
Contracting State
in which the property is
situated ;

2 .

3 .

4 .

in proceedings which have as their object the validity of
the constitution ,
the dissolution of
the nullity or
companies or other legal persons or associations of
natural or legal persons , or the decisions of their organs ,
the courts of the Contracting State in which the
company, legal person or association has its seat;

in proceedings which have as their object the validity of
entries in public registers , the courts of the Contracting
State in which the register is kept;

in proceedings concerned with the registration or validity
of patents , trade marks , designs, or other similar rights
required to be deposited or registered , the courts of the
Contracting State in which the deposit or registration has
been applied for, has taken place or is under the terms of
an international convention deemed to have taken
place;

5 .

in proceedings concerned with the enforcement of
judgments , the courts of the Contracting State in which
the judgment has been or is to be enforced .

Section 6

Prorogation of jurisdiction

Article 17

Section 5

Exclusive jurisdiction

Article 16

1 .
If the parties , one or more of whom is domiciled in a
Contracting State , have agreed that a court or the courts of a
Contracting State are to have jurisdiction to settle any
disputes which have arisen or which may arise in connection
with a particular legal relationship , that court or those courts
shall have exclusive jurisdiction . Such an agreement
conferring jurisdiction shall be either:

The following courts shall have exclusive jurisdiction ,
regardless of domicile :

( a)

in writing or evidenced in writing, or

1 .

( a)

in proceedings which have as their object rights in
tenancies of
rem in immovable property or

( b )

in a form which accords with practices which the parties
have established between themselves , or

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25 . 11 . 88

( c)

in international trade or commerce , in a form which
accords with a usage of which the parties are or ought to
have been aware and which in such trade or commerce is
widely known to , and regularly observed by, parties to
contracts of the type involved in the particular trade or
commerce concerned .

Where such an agreement is concluded by parties , none of
whom is domiciled in a Contracting State , the courts of other
Contracting States shall have no jurisdiction over their
disputes unless the court or courts chosen have declined
jurisdiction .

The court or courts of a Contracting State on which a
2 .
trust
instrument has conferred jurisdiction shall have
exclusive jurisdiction in any proceedings brought against a
settlor ,
if relations between these
persons or their rights or obligations under the trust are
involved .

trustee or beneficiary ,

Agreements or provisions of a trust

3 .
instrument
conferring jurisdiction shall have no legal force if they are
contrary to the provisions of Article 12 or 15 , or if the courts
whose jurisdiction they purport to exclude have exclusive
jurisdiction by virtue of Article 16 .

If an agreement conferring jurisdiction was concluded
4 .
for the benefit of only one of the parties , that party shall
retain the right to bring proceedings in any other court which
has jurisdiction by virtue of this Convention .

In matters

relating to individual

contracts of
5 .
employment an agreement conferring jurisdiction shall have
legal force only if it is entered into after the dispute has
arisen .

Article 18

Apart from jurisdiction derived from other provisions of this
Convention , a court of a Contracting State before whom a
defendant enters an appearance shall have jurisdiction . This
rule shall not apply where appearance was entered solely to
contest the jurisdiction , or where another court has exclusive
jurisdiction by virtue of Article 16 .

Section 7

Examination as to jurisdiction and admissibility

Article 19

Article 20

Where a defendant domiciled in one Contracting State is sued
in a court of another Contracting State 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 .

The court shall stay the proceedings so long as it is not shown
that 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 .

The provisions of the foregoing paragraph shall be replaced
by those of Article 15 of the Hague Convention of 15
November 1965 on the service abroad of judicial and
extrajudicial documents in civil or commercial matters ,
if the document instituting the proceedings or notice thereof
had to be transmitted abroad in accordance with that
Convention .

Section 8

Lis Pendens — related actions

Article 21

Where proceedings involving the same cause of action and
between the same parties are brought
in the courts of
different Contracting States , 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 .

Where the jurisdiction of the court first seised is established ,
any court other than the court first seised shall decline
jurisdiction in favour of that court .

Article 22

Where related actions are brought in the courts of different
Contracting States , any court other than the court first seised
may , while the actions are pending at first instance , stay its
proceedings .

A court other than the court first seised may also , on the
application of one of the parties , decline jurisdiction if the
law of that court permits the consolidation of related actions
and the court
seised has jurisdiction over both
actions .

first

Where a court of a Contracting State is seised of a claim
which is principally concerned with a matter over which the
courts of another Contracting State have
exclusive
jurisdiction by virtue of Article 16 , it shall declare of its own
motion that it has no jurisdiction .

For the purposes of this Article , actions are deemed to be
related where they are so closely connected that
is
expedient to hear and determine them together to avoid the
risk of irreconcilable judgments resulting from separate
proceedings .

it

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Article 23

Article 27

Where actions come within the exclusive jurisdiction of
several courts , any court other than the court first seised shall
decline jurisdiction in favour of that court .

A judgment shall not be recognized:

Section 9

Provisional, including protective, measures

Article 24

Application may be made to the courts of a Contracting State
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 Contracting State have
jurisdiction as to the substance of the matter.

TITLE III

RECOGNITION AND ENFORCEMENT

Article 25

For the purposes of this Convention ,
'judgment' means any
judgment given by a court or tribunal of a Contracting State ,
whatever the judgment may be called , including a decree ,
the
order , decision or writ of execution , as well as
determination of costs or expenses by an officer of the
court .

Section 1

Recognition

Article 26

A judgment given in a Contracting State shall be recognized
in the other Contracting States without any special procedure
being required .

Any interested party who raises the recognition of a judgment
as the principal issue in a dispute may , in accordance with the
procedures provided for in Section 2 and 3 of this Title , apply
for a decision that the judgment be recognized .

1 .

if such recognition is 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 duly served with the document which
instituted the proceedings or with an equivalent
document in sufficient time to enable him to arrange for
his defence ;

3 .

4 .

if the judgment is irreconcilable with a judgment given in
a dispute between the same parties in the State in which
recognition is sought ;

if the court of the State of origin , in order to arrive at
its
judgment , has decided a preliminary question
legal capacity of natural
concerning the status or
persons , rights in property arising out of a matrimonial
relationship , wills or succession in a way that conflicts
with a rule of the private international law of the State in
which the recognition is sought , unless the same result
would have been reached by the application of the rules
of private international law of that State ;

5 .

if the judgment is irreconcilable with an earlier judgment
given in a non-contracting State involving the same cause
of action and between the same parties , provided that
this latter judgment fulfils the conditions necessary for its
recognition in the State addressed .

Article 28

Moreover , a judgment shall not be recognized if it conflicts
with the provisions of Sections 3 , 4 or 5 of Title II or in a case
provided for in Article 59 .

A judgment may furthermore be refused recognition in any
case provided for in Article 54B ( 3 ) or 57 (4 ).

In its examination of the grounds of jurisdiction referred to in
the foregoing paragraphs , the court or authority applied to
shall be bound by the findings of fact on which the court of
the State of origin based its jurisdiction .

If the outcome of proceedings in a court of a Contracting
State depends on the determination of an incidental question
of recognition that court shall have jurisdiction over that
question .

Subject to the provisions of the first and second paragraphs,
the jurisdiction of the court of the State of origin may not be
reviewed ; the test of public policy referred to in Article 27 ( 1 )
may not be applied to the rules relating to jurisdiction .

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Article 29

— in Luxembourg, to the presiding judge of the tribunal

d'arrondissement,

Under no circumstances may a foreign judgment be reviewed
as to its substance .

Article 30

A court of a Contracting State in which recognition is sought
of a judgment given in another Contracting State may stay
the proceedings if an ordinary appeal against the judgment
has been lodged .

A court of a Contracting State in which recognition 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 31

A judgment given in a Contracting State and enforceable in
that State shall be enforced in another Contracting State
when, on the application of any interested party, it has been
declared enforceable there .

However , in the United Kingdom , such a judgment shall be
enforced 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 32

1 .

The application shall be submitted:

— in Belgium ,

to the tribunal de première instance or

rechtbank van eerste aanleg,

— in Denmark, to the byret,

— in the Federal Republic of Germany, to the presiding

judge of a chamber of the Landgericht,

— in Greece , to the μονομελές πρωτοδικείο ,

— in Spain , to the Juzgado de Primera Instancia ,

— in France , to the presiding judge of the tribunal de grande

instance ,

— in Ireland , to the High Court,

— in Iceland , to the hera5sd6mari ,

— in Italy, to the corte d'appello ,

— in the Netherlands ,

to the presiding judge of the

arrondissementsrechtbank,

— in Norway , to the herredsrett or byrett as namsrett ,

— in Austria, to the Landesgericht or the Kreisgericht,

— in Portugal , to the Tribunal Judicial de Círculo ,

— in Switzerland :

( a)

(b)

/ giudice

competente

in respect of judgments ordering the payment of a
to the juge de la mainlev£e /
sum of money,
Rechtsoffnungsrichter
a
pronunciare sul rigetto dell'opposizione , within the
framework of the procedure governed by Articles 80
and 81 of the loi federale sur la poursuite pour dettes
et la faillite / Bundesgesetz uber Schuldbetreibung
und Konkurs / legge federale sulla esecuzione e sul
fallimento ;
in respect of judgments ordering a performance
other than the payment of a sum of money, to the
juge cantonal d'exequatur competent / zustandiger
kantonaler Vollstreckungsrichter
giudice
cantonale competente a pronunciare l'exequatur,

/

— in Finland , to the ulosotonhaltija / overexekutor,

— in Sweden , to the Svea hovratt ,

— in the United Kingdom :

(a)

( b )

(c)

in England and Wales , to the High Court of Justice,
or in the case of a maintenance judgment to the
Magistrates' Court on transmission by the Secretary
of State;
in Scotland , to the Court of Session , or in the case of
a maintenance judgment to the Sheriff Court on
transmission by the Secretary of State ;
in Northern Ireland , to the High Court of Justice , or
in the case of a maintenance judgment
to the
Magistrates' Court on transmission by the Secretary
of State .

2 .
The jurisdiction of local courts shall be determined by
reference to the place of domicile of the party against whom
enforcement is sought. If he is not domiciled in the State in
which enforcement
it shall be determined by
reference to the place of enforcement .

is sought,

Article 33

The procedure for making the application shall be governed
by the law of the State in which enforcement is sought.

The applicant must give an address for service of process
within 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 .

The documents referred to in Articles 46 and 47 shall be
attached to the application .

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Article 34

— in Norway , with the lagmannsrett ,

The court applied to shall give its decision without delay ; the
party against whom enforcement is sought shall not at this
stage of the proceedings be entitled to make any submissions
on the application .

The application may be refused only for one of the reasons
specified in Articles 27 and 28 .

Under no circumstances may the foreign judgment be
reviewed as to its substance .

Article 35

The appropriate officer of the court shall without delay bring
the decision given on the application to the notice of the
applicant in accordance with the procedure laid down by the
law of the State in which enforcement is sought .

Article 36

If enforcement
the party against whom
enforcement is sought may appeal against the decision within
one month of service thereof.

is authorized ,

If that party is domiciled in a Contracting State other than
that in which the decision authorizing enforcement 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 37

An

appeal

1 .
authorizing
enforcement shall be lodged in accordance with the rules
governing procedure in contentious matters :

decision

against

the

— in Belgium , with the tribunal de première instance or

rechtsbank van eerste aanleg,

— in Denmark, with the landsret ,

— in the Federal Republic of Germany , with the

Oberlandesgericht,

— in Greece , with the εφετείο,

— in Spain , with the Audiencia Provincial ,

— in France , with the cour d'appel ,

— in Ireland , with the High Court ,

— in Iceland , with the hera8sdomari ,

— in Italy, with the corte d'appello ,

— in Austria , with the Landesgericht or the Kreisgericht,

— in Portugal , with the Tribunal da Relação ,

— in

Switzerland , with

the

tribunal

cantonal

/

Kantonsgericht / tribunale cantonale ,

— in Finland , with the hovioikeus / hovrätt,

— in Sweden , with the Svea hovrätt ,

— in the United Kingdom :

( a )

( b )

( c)

in England and Wales , with the High Court of
Justice , or in the case of a maintenance judgment
with the Magistrates' Court ;

in Scotland , with the Court of Session , or in the case
of a maintenance judgment with the Sheriff
Court;

in Northern Ireland , with the High Court of Justice ,
or in the case of a maintenance judgment with the
Magistrates' Court .

The judgment given on the appeal may be contested

2 .
only:

— in Belgium , Greece , Spain , France , Italy, Luxembourg
and in the Netherlands , by an appeal in cassation ,

— in Denmark, by an appeal to the højesteret, with the leave

of the Minister of Justice ,

— in

the

Federal Republic

of Germany,

by

a

Rechtsbeschwerde ,

— in Ireland , by an appeal on a point of law to the Supreme

Court ,

— in Iceland , by an appeal to the Hæstiréttur,

— in Norway , by an appeal

( kjæremål or anke) to the

Hoyesteretts Kjæremålsutvalg or Hoyesterett ,

— in Austria , in the case of an appeal , by a Revisionsrekurs
and , in the case of opposition proceedings , by a Berufung
with the possibility of a Revision ,

— in Portugal , by an appeal on a point of law,

— in Switzerland , by a recours de droit public devant le
tribunal
beim
Bundesgericht / ricorso di diritto pubblico davanti al
tribunale federale,

fédéral / staatsrechtliche Beschwerde

— in Finland , by an appeal to the korkein oikeus / högsta

domstolen ,

— in Luxembourg, with the Cour supérieure de justice

sitting as a court of civil appeal ,

<— in Sweden , by an appeal to the högsta domstolen ,

— in

the Netherlands , with

the

arrondissements­

— in the United Kingdom , by a single further appeal on a

rechtsbank,

point of law.

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25 . 11 . 88

Article 38

— in Switzerland ,

to the tribunal cantonal

/ Kantons­

The court with which the appeal under Article 37 ( 1 )
is
lodged may, on the application of the appellant , 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 .

Where the judgment was given in Ireland or the United
Kingdom, any form of appeal available in the State of origin
shall be treated as an ordinary appeal for the purposes of the
first paragraph .

The court may also make enforcement conditional on the
provision of such security as it shall determine .

Article 39

During the time specified for an appeal pursuant to Article 36
and until any such appeal has been determined , no measures
of enforcement may be taken other than protective measures
taken against
the property of the party against whom
enforcement is sought.

The decision authorizing enforcement shall carry with it the
power to proceed to any such protective measures .

Article 40

gericht / tribunale cantonale ,

— in Finland , to the hovioikeus / hovrätt ,

— in Sweden , to the Svea hovrätt,

— in the United Kingdom :

( a)

(b )

( c)

in England and Wales , to the High Court of Justice ,
or in the case of a maintenance judgment to the
Magistrates' Court;

in Scotland , to the Court of Session , or in the case of
a maintenance judgment to the Sheriff Court;

in Northern Ireland , to the High Court of Justice , or
in the case of a maintenance judgment
to the
Magistrates' Court.

2.
The party against whom enforcement is sought shall be
summoned to appear before the appellate court . If he fails to
appear, the provisions of the second and third paragraphs of
Article 20 shall apply even where he is not domiciled in any of
the Contracting States .

Article 41

A judgment given on an appeal provided for in Article 40 may
be contested only:

— in Belgium, Greece, Spain, France, Italy, Luxembourg
and in the Netherlands , by an appeal in cassation ,

If the application for enforcement

1 .
applicant may appeal :

is refused ,

the

— in Denmark, by an appeal to the højesteret , with the leave

of the Minister of Justice,

— in Belgium, to the cour d'appel or hof van beroep ,

— in Denmark, to the landsret ,

— in

the

Federal Republic

of Germany,

by

a

Rechtsbeschwerde ,

— in

the Federal Republic

Oberlandesgericht ,

of Germany,

to

the

— in Ireland , by an appeal on a point of law to the Supreme

Court,

— in Greece, to the εφετείο,

— in Spain , to the Audiencia Provincial ,

— in France , to the cour d'appel ,

— in Ireland , to the High Court,

— in Iceland , to the hera8sd6mari ,

— in Italy, to the corte d'appello ,

— in Luxembourg, to the Cour supérieure de justice sitting

as a court of civil appeal ,

— in the Netherlands , to the gerechtshof,

— in Norway, to the lagmannsrett ,

— in Austria , to the Landesgericht or the Kreisgericht,

— in Portugal , to the Tribunal da Relação ,

— in Iceland , by an appeal to the Hæstiréttur,

— in Norway, by an appeal ( kjæremål or anke) to the

Hoyesteretts kjæremålsutvalg or Hoyesterett ,

— in Austria , by a Revisionsrekurs ,

— in Portugal , by an appeal on a point of law ,

— in Switzerland , by a recours de droit public devant le
tribunal
fédéral / staatsrechtliche Beschwerde beim
Bundesgericht / ricorso di diritto pubblico davanti al
tribunale federale,

— in Finland, by an appeal to the korkein oikeus / högsta

domstolen ,

— in Sweden , by an appeal to the högsta domstolen ,

— in the United Kingdom, by a single further appeal on a

point of law .

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No L 319 / 19

Article 42

Where a foreign judgment has been given in respect of several
matters and enforcement cannot be authorized for all of
them , the court shall authorize enforcement for one or more
of them .

2 .

in the case of a judgment given in default , the original or a
certified true copy of the document which establishes
that the party in default was served with the document
instituting the proceedings or with an equivalent
document .

An applicant may request partial enforcement of a
judgment .

Article 47

Article 43

A foreign judgment which orders a periodic payment by way
of a penalty 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 44

An applicant who , in the State of origin , has benefited from
complete or partiyl legal aid or exemption from costs or
expenses , shall be entitled, in the procedures provided for in
Articles 32 to 35 , to benefit from the most favourable legal
aids or the most extensive exemption from costs or expenses
provided for by the law of the State addressed .

However , an applicant who requests the enforcement of a
decision given by an administrative authority in Denmark or
in Iceland in respect of a maintenance order may , in the State
addressed , claim the benefits referred to in the first paragraph
if he presents a statement from, respectively, the Danish
Ministry of Justice or the Icelandic 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 45

No security , bond or deposit, however described , shall be
required of a party who in one Contracting State applies for
enforcement of a judgment given in another Contracting
State 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 .

Section 3

Common provisions

Article 46

A party seeking recognition or applying for enforcement of a
judgment shall produce:

A party applying for enforcement shall also produce:

1 . documents which establish that , according to the law of
the State of origin , the judgment is enforceable and has
been served ;

2 . where appropriate, a document showing that

the
is in receipt of legal aid in the State of

applicant
origin .

Article 48

If the documents specified in Articles 46 ( 2 ) and 47 ( 2 ) are not
produced , the court may specify a time for their production ,
accept equivalent documents or, if it considers that it has
sufficient
it, dispense with their
production.

information before

If the court so requires, a translation of the documents shall
be produced; the translation shall be certified by a person
qualified to do so in one of the Contracting States .

Article 49

No legalization or other similar formality shall be required in
respect of the documents referred to in Articles 46 or 47 or
the second paragraph of Article 48 , or in respect of a
document appointing a representative ad litem .

TITLE IV

AUTHENTIC INSTRUMENTS AND COURT
SETTLEMENTS

\

Article 50

A document which has been formally drawn up or registered
as an authentic instrument and is enforceable in one
Contracting State shall , in another Contracting State , be
declared enforceable
in
accordance with the procedures provided for in Articles 31 et
seq. The application may be refused only if enforcement of
the instrument is contrary to public policy in the State
addressed .

there , on application made

The instrument produced must
satisfy the conditions
necessary to establish its authenticity in the State of
origin .

1 .

a copy of the judgment which satisfies the conditions
necessary to establish its authenticity;

The provisions of Section 3 of Title III shall apply as
appropriate.

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25 . 11 . 88

Article 51

A settlement which has been approved by a court in the
course of proceedings and is enforceable in the State in which
it was concluded shall be enforceable in the State addressed
under the same conditions as authentic instruments .

If the parties to a dispute concerning a contract had agreed in
writing before the entry into force of this Convention that the
contract was to be governed by the law of Ireland or of a part
of the United Kingdom , the courts of Ireland or of that part of
to exercise
the United Kingdom shall retain the right
jurisdiction in the dispute .

TITLE V

GENERAL PROVISIONS

Article 52

In order to determine whether a party is domiciled in the
Contracting State whose courts are seised of a matter, the
Court shall apply its internal law.

If a party is not domiciled in the State whose courts are seised
of the matter, then, in order to determine whether the party is
domiciled in another Contracting State, the court shall apply
the law of that State .

Article 53

For the purposes of this Convention , the seat of a company or
other legal person or association of natural or legal persons
in order to
shall be treated as its domicile. However ,
determine that seat, the court shall apply its rules of private
international law .

In order to determine whether a trust is domiciled in the
Contracting State whose courts are seised of the matter, the
court shall apply its rules of private international law.

TITLE VI

TRANSITIONAL PROVISIONS

Article 54

The provisions of this Convention shall apply only to legal
proceedings instituted and to documents formally drawn up
or registered as authentic instruments after its entry into force
in the State of origin and, where recognition or enforcement
of a judgment or authentic instrument is sought, in the State
addressed .

However, judgments given after the date of entry into force
of this Convention between the State of origin and the State
addressed in proceedings instituted before that date shall be
recognized and enforced in accordance with the provisions of
if jurisdiction was founded upon rules which
Title III
accorded with those provided for either in Title II of this
Convention or in a convention concluded between the State
of origin and the State addressed which was in force when the
proceedings were instituted.

Article 54A

Ireland ,

For a period of three years from the entry into force of this
Convention for Denmark, Greece ,
Iceland ,
Norway , Finland and Sweden , respectively, jurisdiction in
maritime matters shall be determined in these States not only
in accordance with the provisions of Title II , but also in
accordance with the provisions of paragraphs 1
to 7
following. However, upon the entry into force of the
International Convention relating to the arrest of sea-going
ships, signed at Brussels on 10 May 1952 , for one of these
States , these provisions shall cease to have effect for that
State .

1 . A person who is domiciled in a Contracting State may be
sued in the courts of one of the States mentioned above in
respect of a maritime claim if the ship to which the claim
relates or any other ship owned by him has been arrested
by judicial process within the territory of the latter State
to secure the claim , or could have been so arrested there
but bail or other security has been given , and either:

( a)

the claimant is domiciled in the latter State; or

(b )

the claim arose in the latter State ; or

(c)

the claim concerns the voyage during which the
arrest was made or could have been made ; or

( d)

the claim arises out of a collision or out of damage
caused by a ship to another ship or to goods or
persons on board either ship , either by the execution
or non-execution of a manoeuvre or by the
non-observance of regulations ; or

(e)

the claim is for salvage ; or

( f)

claim is

the
hypothecation of the ship arrested .

in respect of

a mortgage or

2 . A claimant may arrest either the particular ship to which
the maritime claim relates , or any other ship which is
owned by the person who was , at the time when the
maritime claim arose , the owner of the particular ship .
However, only the particular ship to which the maritime
claim relates my be arrested in respect of the maritime
claims set out under 5 .

(o), (p ) or ( q) of this Article.

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3 . Ships shall be deemed to be in the same ownership when
all the shares therein are owned by the same person or
persons .

4 . When in the case of a charter by demise of a ship the
charterer alone is liable in respect of a maritime claim
relating to that ship , the claimant may arrest that ship or
any other ship owned by the charterer, but no other ship
owned by the owner may be arrested in respect of such
claim . The same shall apply to any case in which a person
other than the owner of a ship is liable in respect of a
maritime claim relating to that ship .

5 . The expression 'maritime claim' means a claim arising

out of one or more of the following:

( a ) damage caused by any ship either in collision or

otherwise ;

( b )

loss of life or personal injury caused by any ship or
occurring in connection with the operation on any
ship ;

(c)

salvage;

(d ) agreement relating to the use or hire of any ship

whether by charterparty or otherwise;

(e) agreement relating to the carriage of goods in any

ship whether by charterparty or otherwise ;

(f)

loss of or damage to goods including baggage carried
in any ship ;

(g) general average ;

(h ) bottomry;

( i)

towage ;

(j ) pilotage;

( k) goods or materials wherever supplied to a ship for

her operation or maintenance;

(1 )

construction , repair or equipment of any ship or
dock charges and dues ;

( m) wages of masters , officers or crew;

(n) master's disbursements ,

including disbursements
made by shippers , charterers or agents on behalf of a
ship or her owner;

(o ) dispute as to the title to or ownership of any ship ;

(p ) disputes between co-owners of any ship as to the
ownership , possession , employment or earnings of
that ship ;

( q)

the mortgage or hypothecation of any ship .

6 .

7 .

In Denmark , the expression 'arrest' shall be deemed as
regards the maritime claims referred to under 5 . ( o) and
(p ) of this Article, to include a 'forbud', where that is the
only procedure allowed in respect of such a claim under
Articles 646 to 653 of the law on civil procedure (lov om
rettens pleje).

In Iceland , the expression 'arrest' shall be deemed , as
regards the maritime claims referred to under 5 . ( o ) and
(p ) of this Article , to include a 'logbann', where that is the
only procedure allowed in respect of such a claim under
Chapter III of the law on arrest and injunction (log um
kyrrsetningu og logbann).

TITLE VII

RELATIONSHIP TO THE BRUSSELS CONVENTION AND TO
OTHER CONVENTIONS

Article 54B

1 .
This Convention shall not prejudice the application by
the Member States of the European Communities of the
Convention on Jurisdiction and the Enforcement of
Judgments in Civil and Commercial Matters , signed at
Brussels on 27 September 1968 and of the Protocol on
interpretation of that Convention by the Court of Justice,
signed at Luxembourg on 3 June 1971 , as amended by the
Conventions of Accession to the said Convention and the
said Protocol by the States acceding to the European
Communities , all of these Conventions and the Protocol
being hereinafter referred to as the 'Brussels Convention'.

However ,

2 .
applied :

this Convention shall

in any event be

( a )

( b )

in matters of jurisdiction , where the defendant
is
domiciled in the territory of a Contracting State which is
not a member of the European Communities , or where
Article 16 or 17 of this Convention confer a jurisdiction
on the courts of such a Contracting State ;

in relation to a lis pendens or to related actions as
provided for in Articles 21 and 22 , when proceedings
are instituted in a Contracting State which is not a
member of the European Communities and in a
Contracting State which is a member of the European
Communities ;

(c)

in matters of recognition and enforcement, where either
the State of origin or the State addressed is not a member
of the European Communities .

3 .
In addition to the grounds provided for in Title III
recognition or enforcement may be refused if the ground of
jurisdiction on which the judgment has been based differs
from that resulting from this Convention and recognition or

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25 . 11 . 88

enforcement is sought against a party who is domiciled in a
Contracting State which is not a member of the European
Communities , unless the judgment may otherwiese be
recognized or enforced under any rule of law in the State
addressed .

Article 55

Subject to the provisions of Articles 54 ( 2 ) and 56 , this
Convention shall , for the States which are parties to it ,
supersede the following conventions concluded between two
or more of them :

— the Convention between the Swiss Confederation and
France on jurisdiction and enforcement of judgments in
civil matters , signed at Paris on 15 June 1869 ,

— the Treaty between the Swiss Confederation and Spain on
the mutual enforcement of
in civil or
commercial matters , signed at Madrid on 19 November
1896 ,

judgments

— the Convention between the Swiss Confederation and the
German Reich on the recognition and enforcement of
judgments and arbitration awards, signed at Berne on 2
November 1929 ,

— the Convention between Denmark , Finland , Iceland ,
Norway and Sweden on the recognition and enforcement
of judgments , signed at Copenhagen on 16 March
1932 ,

— the Convention between the Swiss Confederation and
Italy on the recognition and enforcement of judgments,
signed at Rome on 3 January 1933 ,

— the Convention between Sweden and the Swiss
Confederation on the recognition and enforcement of
judgments and arbitral awards signed at Stockholm on 15
January 1936 ,

— the Convention between the Kingdom of Belgium and
Austria on the reciprocal recognition and enforcement of
judgments
relating to
signed at Vienna on 25
maintenance obligations ,
October 1957,

and authentic

instruments

— the Convention between the Swiss Confederation and
Belgium on the
recognition and enforcement of
judgments and arbitration awards , signed at Berne on 29
April 1959 ,

— the Convention between the Federal Republic of
Germany and Austria on the reciprocal recognition and
enforcement of judgments , settlements and authentic
instruments in civil and commercial matters, signed at
Vienna on 6 June 1959 ,

— the Convention between the Kingdom of Belgium and
Austria on the reciprocal recognition and enforcement of
judgments , arbitral awards and authentic instruments
in civil and commercial matters , signed at Vienna on
16 June 1959 ,

— the Convention between Austria

and the Swiss
Confederation on the recognition and enforcement of
judgments , signed at Berne on 16 December 1960 ,

— the Convention between Norway and the United
Kingdom providing for the reciprocal recognition and
enforcement of judgments in civil matters, signed at
London on 12 June 1961 ,

— the Convention between the United Kingdom and
Austria providing for the reciprocal recognition and
enforcement of judgments in civil and commercial
matters , signed at Vienna on 14 July 1961 , with
amending Protocol signed at London on 6 March
1970 ,

— the Convention between the Kingdom of the Nether­
lands and Austria on the reciprocal recognition and
enforcement of judgments and authentic instruments in
civil and commercial matters, signed at The Hague on
6 February 1963 ,

— the Convention between France and Austria on the
recognition and enforcement of judgments and authentic
instruments in civil and commercial matters , signed at
Vienna on 15 July 1966 ,

— the Convention between Luxembourg and Austria on
the recognition and enforcement of judgements and
authentic instruments in civil and commercial matters ,
signed, at Luxembourg on 29 July 1971 ,

— the Convention between Italy and Austria on the
recognition and enforcement of judgments in civil and
commercial matters , of judicial settlements and of
authentic instruments , signed at Rome on 16 November
1971 ,

of Germany

— the Convention between Norway and the Federal
and
on
Republic
enforcement of judgments and enforceable documents , in
civil and commercial matters, signed at Oslo on 17 June
1977 ,

recognition

the

— the Convention between Denmark, Finland , Iceland ,
Norway and Sweden on the recognition and enforcement
of judgments in civil matters, signed at Copenhagen on
11 October 1977 ,

— the Convention between Austria and Sweden on the
recognition and enforcement of judgments in civil
matters , signed at Stockholm on 16 September 1982 ,

— the Convention between Austria and Spain on the
recognition and enforcement of judgments , settlements
and enforceable authentic instruments in civil and
commercial matters, signed at Vienna on 17 February
1984 ,

— the Convention between Norway and Austria on the
recognition and enforcement of judgments in civil
matters , signed at Vienna on 21 May 1984 , and

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— the Convention between Finland and Austria on the
recognition and enforcement of judgments in civil
matters , signed at Vienna on 17 November 1986 .

Article 56

The Treaty and the conventions referred to in Article 55 shall
continue to have effect in relation to matters to which this
Convention does not apply.

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 57

This Convention shall not affect any conventions to
1 .
which the Contracting States are or will be parties and which
in relation to particular matters , govern jurisdiction or the
recognition or enforcement of judgments .

2 .
This Convention shall not prevent a court of a
Contracting State which is party to a convention referred to
in the first paragraph from assuming jurisdiction in
accordance with that convention , even where the defendant
is domiciled in a Contracting State which is not a party to that
convention. The court hearing the action shall , in any event,
apply Article 20 of this Convention .

Article 59

in a

This Convention shall not prevent a Contracting State from
assuming,
recognition and
convention on the
enforcement of judgments , an obligation towards a third
State not to recognize judgments given in other Contracting
States against defendants domiciled or habitually resident in
the third State where, in cases provided for in Article 4 , the
judgment could only be founded on a ground of jurisdiction
specified in the second paragraph of Article 3 .

However, a Contracting State may not assume an obligation
towards a third State not to recognize a judgment given in
another Contracting State 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 :

1 .

if the action is brought to assert or declare proprietary or
possessory rights in that property, seeks to obtain
authority to dispose of it, or arises from another issue
relating to such property , or

2 .

if the property constitutes the security for a debt which is
the subject-matter of the action .

TITLE VIII

FINAL PROVISIONS

Article 60

Judgments given in a Contracting State by a court in the
3 .
exercise of jurisdiction provided for in a convention referred
to in the first paragraph shall be recognized and enforced in
the other Contracting States in accordance with Title III of
this Convention .

The following may be parties to this Convention:

( a ) States which , at

the time of the opening of this
Convention for signature , are members of the European
Communities or of
the European Free Trade
Association;

4 .
In addition to the grounds provided for in Title III ,
recognition or enforcement may be refused if the State
addressed is not a contracting party to a convention referred
to in the first paragraph and the person against whom
recognition or enforcement is sought is domiciled in that
State , unless the judgment may otherwise be recognized or
enforced under any rule of law in the State addressed .

5 . Where a convention referred to in the first paragraph to
which both the State of origin and the State addressed are
parties lays down conditions
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 .

for

Article 58

(None)

( b ) States which , after the opening of this Convention for
the European
the European Free Trade

become members

signature,
Communities or of
Association ;

of

(c) States invited to accede in accordance with Article 62

( D(b ).

Article 61

1 .
This Convention shall be opened for signature by the
States members of the European Communities or of the
European Free Trade Association .

2 .
The Convention shall be submitted for ratification by
the signatory States . The instruments of ratification shall be
deposited with the Swiss Federal Council .

3 .
The Convention shall enter into force on the first day of
the third month following the date on which two States , of
which one is a member of the European Communities and the

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Official Journal of the European Communities

25 . 11 . 88

other a member of the European Free Trade Association ,
deposit their instruments of ratification .

4 .
The Convention shall take effect in relation to any
other signatory State on the first day of the third month
following the deposit of its instrument of ratification .

4 .
The denunciation shall take effect at the end of the
calendar year following the expiry of a period of six months
from the date of receipt by the Swiss Federal Council of the
notification of denunciation .

Article 62

The following are annexed to this Convention:

Article 65

After entering into force this Convention shall be open

1 .
to accession by:

( a )

the States referred to in Article 60 ( b );

(b) other States which have been invited to accede upon a
request made by one of the Contracting States to the
depositary State. The depositary State shall invite the
State concerned to accede only if, after having
communicated the contents of the communications that
this State intends to make in accordance with Article 63 ,
it has obtained the unanimous agreement of the
signatory States and the Contracting States referred to in
Article 60 ( a ) and (b ).

2 .
If an acceding State wishes to furnish details for the
purposes of Protocol 1 , negotiations shall be entered into to
that end. A negotiating conference shall be convened by the
Swiss Federal Council .

3 .
In respect of an acceding State, the Convention shall
take effect on the first day of the third month following the
deposit of its instrument of accession .

4 .
However, in respect of an acceding State referred to in
paragraph 1 (a) or (b), the Convention shall take effect only
in relations between the acceding State and the Contracting
States which have not made any objections to the accession
before the first day of the third month following the deposit
of the instrument of accession .

Article 63

Each acceding State shall , when depositing its instrument of
accession , communicate the information required for the
application of Articles 3 , 32 , 37 , 40 , 41 and 55 of this
Convention and furnish , if need be, the details prescribed
during the negotiations for the purposes of Protocol 1 .

— a Protocol

1 , on certain questions of jurisdiction,

procedure and enforcement,

— a Protocol 2, on the uniform interpretation of the

Convention ,

— a Protocol 3 , on the application of Article 57 .

These Protocols
Convention .

shall

form an integral part of

the

Article 66

Any Contracting State may request the revision of this
Convention . To that end , the Swiss Federal Council shall
issue invitations to a revision conference within a period of
six months from the date of the request for revision .

Article 67

The Swiss Federal Council shall notify the States represented
at the Diplomatic Conference of Lugano and the States who
have later acceded to the Convention of:

( a ) the deposit of each instrument of

ratification or

accession ;

(b) the dates of entry into force of this Convention in respect

of the Contracting States ;

(c) any denunciation received pursuant to Article 64 ;

(d) any declaration received pursuant

to Article la of

Protocol 1 ;

(e) any declaration received pursuant

to Article lb of

Protocol 1 ;

(f) any declaration received pursuant

to Article IV of

Protocol 1 ;

(g) any communication made pursuant to Article VI of

Article 64

Protocol 1 .

1 .
This Convention is concluded for an initial period of
five years from the date of its entry into force in accordance
with Article 61(3 ), even in the case of States which ratify it or
accede to it after that date .

At

the end of

2 .
the
the initial
Convention shall be automatically renewed from year to
year .

five-year period ,

3 .
Upon the expiry of the initial five-year period, any
contracting State may, at any time , denounce the Convention
by sending a notification to the Swiss Federal Council .

Article 68

This Convention , drawn up in a single original in the Danish ,
Dutch , English , Finnish , French , German, Greek, Icelandic,
Irish , Italian , Norwegian , Portuguese , Spanish and Swedish
languages, all fourteen texts being equally authentic, shall be
deposited in the archives of the Swiss Federal Council . The
Swiss Federal Council shall transmit a certified copy to the
Government of each State represented at the Diplomatic
Conference of Lugano and to the Government of each
acceding State .

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No L 319 / 25

En fe de lo cual , los plenipotenciarios abajo firmantes suscriben el presente Convenio .

Til bekræftelse heraf har undertegnede befuldmægtigede underskrevet denne konvention .

Zu Urkund dessen haben die unterzeichneten Bevollmächtigten ihre Unterschrift unter dieses
Übereinkommen gesetzt.

Σε πίστωση των ανωτέρω, οι υπογράφοντες πληρεξούσιοι έθεσαν την υπογραφή τους κάτω από την
παρούσα σύμβαση .

In witness whereof, the undersigned Plenipotentiaries have signed this Convention .

En foi de quoi , les plénipotentiaires soussignés ont apposé leurs signatures au bas de la présente
convention .

Dá fhianú sin , chuir na Lánchumhachtaigh thíos-sínithe de lámh leis an gCoinbhinsiún seo .

Pessu til staδfestu hafa undirritaδir fulltrúar sem til pess hafa fullt umboδ undirritaδ samning
pennan .

In fede di che ,
convenzione .

i plenipotenziari sottoscritti hanno apposto le loro firme in calce alla presente

Ten blij ke waarvan de ondergetekende gevolmachtigden hun handtekening onder dit Verdrag hebben
gesteld .

Til bekreftelse har de undertegnete befullmektigte underskrevet Konvensjonen her.

Em fé do que os plenipotenciários abaixo-assinados apuseram as suas assinaturas no final da presente
convenção .

Taman vakuudeksi ovat allekirjoittaneet , asianmukaisesti siihen valtuutettuina , allekirjoittaneet
taman yleissopimuksen .

Till bekräftelse härav har undertecknade befullmäktigade ombud undertecknat denna konven­
tion .

Hecho en Lugano , a dieciséis de septiembre de mil novecientos ochenta y ocho .

Udfærdiget i Lugano , den sekstende september nitten hundrede og otteogfirs .

Geschehen zu Lugano am sechzehnten September neunzehnhundertachtundachtzig .

Εγινε στο Λουγκάνο, στις δέκα έξι Σεπτεμβρίου χίλια εννιακόσια ογδόντα οκτώ .

Done at Lugano on the sixteenth day of September in the year one thousand nine hundred and
eighty-eight.

Fait à Lugano , le seize septembre mil neuf cent quatre-vingt-huit .

Arna dhéanamh i Lugano , an séú lá déag de Mhéan Fómhair sa bhliain mile naoi gcéad ochto a
hocht .

Gjórt í Lugano hinn sextánda dag septembermánaδar nítján hundru8 áttatíu og átta .

Fatto a Lugano , addì sedici settembre millenovecentottantotto .

Gedaan te Lugano , de zestiende september negentienhonderd achtentachtig.

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25 . 11 . 88

Utferdiget i Lugano , den sekstende september nitten hundre og åttiåtte .

Feito em Lugano , em dezasseis de Setembro de mil novecentos e oitenta e oito .

Tehty Luganossa kuudentenatoista päivänä syyskuuta vuonna tuhat yhdeksänsataa kahdeksankym­
mentåkahdeksan .

Som skedde i Lugano den sextonde september nittonhundraåttioåtta .

Pour Sa Majesté le roi des Belges
Voor Zijne Majesteit de Koning der Belgen

For Hendes Majestset Danmarks Dronning

Für den Präsidenten der Bundesrepublik Deutschland

Για τον Πρόεδρο της Ελληνικής Δημοκρατίας

Por Su Majestad el Rey de Espana

Pour le président de la République française

Thar ceann Uachtaran na hEireann

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Fyrir forseta lyδveldisins Islands

Per il Presidente della Repubblica italiana

Pour Son Altesse Royale le grand-duc de Luxembourg

Voor Hare Majesteit de Koningin der Nederlanden

For Hans Majestet Norges Konge

Für den Bundespräsidenten der Republik Österreich

Pelo Presidente da Republica Portuguesa

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25 . 11 . 88

Für den Schweizerischen Bundesrat
Pour le Conseil federal suisse
Per il Consiglio federale svizzero

Suomen tasavallan presidentin puolesta

For Konungariket Sveriges regering

For Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland

25 . 11 . 88

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PROTOCOL 1

on certain questions of jurisdiction, procedure and enforcement

THE HIGH CONTRACTING PARTIES HAVE AGREED UPON
THE FOLLOWING PROVISIONS , WHICH SHALL BE
ANNEXED TO THE CONVENTION :

Article I

Any person domiciled in Luxembourg who is sued in a court
of another Contracting State pursuant to Article 5 ( 1 ) may
refuse to submit to the jurisdiction of that court . If the
defendant does not enter an appearance the court shall
declare of its own motion that it has no jurisdiction .

An agreement conferring jurisdiction, within the meaning of
Article 17 , shall be valid with respect to a person domiciled in
Luxembourg only if
that person has expressly and
specifically so agreed .

Article la

1 .
Switzerland reserves the right to declare, at the time of
depositing its instrument of ratification , that a judgment
given in another Contracting State shall be neither recognized
nor enforced in Switzerland if the following conditions are
met :

( a)

(b )

the jurisdiction of the court which has given the
judgment
is based only on Article 5 ( 1 ) of this
Convention; and

the defendant was domiciled in Switzerland at the time
of the introduction of the proceedings; for the purposes
of this Article, a company or other legal person is
considered to be domiciled in Switzerland if it has its
registered seat and the effective centre of activities in
Switzerland ; and

( c)

the defendant raises an objection to the recognition or
enforcement of the judgment in Switzerland , provided
that he has not waived the benefit of the declaration
foreseen under this paragraph .

2 .
This reservation shall not apply to the extent that at the
time recognition or enforcement is sought a derogation has
been granted from Article 59 of
the Swiss Federal
Constitution . The Swiss Government shall communicate
such derogations to the signatory States and the acceding
States .

This reservation shall cease to have effect on 31

3 .
December 1999 . It may be withdrawn at any time .

Article lb

Any Contracting State may, by declaration made at the time
of signing or of deposit of its instrument of ratification or of

accession , reserve the right , notwithstanding the provisions
of Article 28 , not to recognize and enforce judgments given in
the other Contracting States if the jurisdiction of the court of
the State of origin is based , pursuant to Article 16 ( 1 ) ( b ),
exclusively on the domicile of the defendant in the State of
origin , and the property is situated in the territory of the State
which entered the reservation .

Article II

Without prejudice to any more favourable provisions of
national laws , persons domiciled in a Contracting State who
are being prosecuted in the criminal courts of another
Contracting State 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 .

the court

seised of the matter may order
However ,
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 recognized or enforced in the other
Contracting States.

Article III

In proceedings for the issue of an order for enforcement , no
charge , duty or fee calculated by reference to the value of the
matter in issue may be levied in the State in which
enforcement is sought .

Article IV

Judicial and extrajudicial documents drawn up in one
Contracting State which have to be served on persons in
another Contracting State shall be transmitted in accordance
with the procedures laid down in the conventions and
agreements concluded between the Contracting States.

Unless the State in which service is to take place objects by
declaration to the Swiss Federal Council , 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

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25 . 11 . 88

shall be recorded by a certificate sent directly to the officer of
the State of origin .

Article Vb

Article V

The jurisdiction specified in Articles 6 ( 2) and 10 in actions
on a warranty or guarantee or in any other third party
proceedings may not be resorted to in the Federal Republic of
Germany,
in Austria and in Switzerland . Any
person domiciled in another Contracting State may be sued in
the courts :

in Spain ,

— of the Federal Republic of Germany , pursuant to Articles
68 , 72 , 73 and 74 of the code of civil procedure
(Zivilprozefiordnung) concerning third-party notices ,

— of Spain , pursuant to Article 1482 of the civil code ,

— of Austria, pursuant to Article 21 of the code of civil
procedure (Zivilprozefiordnung) concerning third-party
notices ,

— of Switzerland , pursuant to the appropriate provisions
concerning third-party notices of the cantonal codes of
civil procedure .

Judgments given in the other Contracting States by virtue of
Article 6 (2 ) or 10 shall be recognized and enforced in the
Federal Republic of Germany, in Spain , in Austria and in
Switzerland in accordance with Title III . Any effects which
judgments given in these States may have on third parties by
application of the provisions in the preceding paragraph shall
also be recognized in the other Contracting States .

In proceedings involving a dispute between the master and a
member of the crew of a sea-going ship registered in
Denmark, in Greece , in Ireland , in Iceland , in Norway , in
Portugal or in Sweden concerning remuneration or other
conditions of service , a court in a Contracting State shall
establish whether
the diplomatic or consular officer
responsible for the ship has been notified of the dispute. It
shall stay the proceedings so long as he has not been notified .
It shall of its own motion decline jurisdiction if the officer,
having been duly notified , has exercised the powers accorded
to him in the matter by a consular convention , or in the
absence of such a convention has , within the time allowed ,
raised any objection to the exercise of such jurisdiction .

Article Vc

(None)

Article Va

Without prejudice to the jurisdiction of the European Patent
Office under the Convention on the grant of European
patents , signed at Munich on 5 October 1973 , the courts of
each Contracting State shall have exclusive jurisdiction ,
regardless of domicile, in proceedings concerned with the
registration or validity of any European patent granted for
that State which is not a Community patent by virtue of the
provision of Article 86 of the Convention for the European
patent for the common market, signed at Luxembourg on 15
December 1975 .

Article Va

In matters relating to maintenance, the expression 'court'
includes the Danish , Icelandic and Norwegian administrative
authorities .

In civil and commercial matters ,
includes the Finnish ulosotonhaltija / overexekutor.

the expression 'court'

Article VI

The Contracting States shall communicate to the Swiss
Federal Council the text of any provisions of their laws which
amend either those provisions of their laws mentioned in the
Convention or the lists of courts specified in Section 2 of
Title III .

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PROTOCOL 2

on the uniform interpretation of the Convention

PREAMBLE

THE HIGH CONTRACTING PARTIES ,

HAVING REGARD to Article 65 of this Convention ,

CONSIDERING the substantial link between this Convention and the Brussels Convention ,

CONSIDERING that the Court of Justice of the European Communities by virtue of the Protocol of 3 June 1971
has jurisdiction to give rulings on the interpretation of the provisions of the Brussels Convention,

BEING AWARE of the rulings delivered by the Court of Justice of the European Communities on the
interpretation of the Brussels Convention up to the time of signature of this Convention,

CONSIDERING that the negotiations which led to the conclusion of the Convention were based on theBrussels
Convention in the light of these rulings,

DESIRING to prevent, in full deference to the independence of the courts , divergent interpretations and to arrive at
as uniform an interpretation as possible of the provisions of the Convention , and of these provisions and those of
the Brussels Convention which are substantially reproduced in this Convention ,

HAVE AGREED AS FOLLOWS :

Article 1

The courts of each Contracting State shall , when applying
and interpreting the provisions of the Convention , pay due
account to the principles laid down by any relevant decision
delivered by courts of
the other Contracting States
concerning provisions of this Convention .

Article 2

1 .
The Contracting Parties agree to set up a system of
exchange of information concerning judgments delivered
pursuant to this Convention as well as relevant judgments
system shall
under
comprise:

the Brussels Convention . This

— transmission to a central body by the competent
authorities of judgments delivered by courts of last
instance and the Court of Justice of the European
Communities
judgments of particular
as
importance which have become final and have been
delivered pursuant to this Convention or the Brussels
Convention ,

as well

— classification of these judgments by the central body
the drawing-up and

including, as far as necessary ,
publication of translations and abstracts ,

— communication by the central body of the relevant
documents to the competent national authorities of all
signatories and acceding States to the Convention and to
the Commission of the European Communities .

The central body is the Registrar of the Court ofJustice

2 .
of the European Communities .

Article 3

A Standing Committee shall be set up for the purposes

1 .
of this Protocol .

The Committee shall be composed of representatives

2 .
appointed by each signatory and acceding State .

3 .
The European Communities ( Commission , Court of
Justice and General Secretariat of the Council ) and the

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25 . 11,-88

European Free Trade Association may attend the meetings as
observers .

— the development of the case-law as communicated under

the first indent of Article 2 ( 1 ), 1

Article 4

— the application of Article 57 of the Convention .

1 .
At the request of a Contracting Party , the depositary of
the Convention shall convene meetings of the Committee for
the purpose of exchanging views on the functioning of the
Convention and in particular on:

The Committee ,

2 .
in the light of these exchanges ,
may also examine the appropriateness of starting on
particular topics a revision of the Convention and make
recommendations .

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PROTOCOL 3

on the application of Article 57

THE HIGH CONTRACTING PARTIES HAVE AGREED AS FOLLOWS :

1 . For the purposes of the Convention, provisions which , in relation 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 57 ( 1 ).

2 .

If one Contracting State is of the opinion that a provision contained in an act of the institutions of
the European Communities is incompatible with the Convention, the Contracting States shall
promptly consider amending the Convention pursuant to Article 66 , without prejudice to the
procedure established by Protocol 2 .

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25 . 11 . 88

DECLARATION

by the representatives of the Governments of the States signatories to the Lugano Convention which
are members of the European Communities on Protocol 3 on the application of Article 57 of the
Convention

Upon signature of the Convention on jurisdiction and the enforcement of judgments in civil and
commercial matters done at Lugano on 16 September 1988 ,

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN
COMMUNITIES ,

taking into account the undertakings entered into vis-h-vis the member states of the European Free
Trade Association ,

anxious not to prejudice the unity of the legal system set up by the Convention,

declare that they will take all measures in their power to ensure, when Community acts referred to in
paragraph 1 of Protocol 3 on the application of Article 57 are being drawn up , respect for the rules of
jurisdiction and recognition and enforcement of judgments established by the Convention.

En fe de lo cual , los abajo firmantes suscriben la presente Declaración .

Til bekræftelse heraf har undertegnede underskrevet denne erklæring .

Zu Urkund dessen haben die Unterzeichneten ihre Unterschrift unter diese Erklärung gesetzt .

Σε πίστωση των ανωτέρω , οι υπογράφοντες πληρεξούσιοι έθεσαν την υπογραφή τους κάτω από την
παρούσα δήλωση .

In witness whereof the undersigned have signed this Declaration .

En foi de quoi , les soussignés ont signé la présente déclaration .

Dá fhianú sin , chuir na daione thíos-sínithe a lámh leis an Dearbhú seo .

Pessu til sta8festu hafa undirrita5ir undirrita6 yfirlysingu pessa .

In fede di che ,

i sottoscritti hanno firmato la presente dichiarazione .

Ten blijke waarvan de ondergetekenden deze verklaring hebben ondertekend .

De undertegnete har undertegnet erklæringen til vitterlighet .

Em fé do que os abaixo-assinados firmaram a presente declaração .

Taman vakuudeksi ovat allekirjoittaneet , asianmukaisesti siihen valtuutettuina , allekirjoittaneet
taman yleissopimuksen .

Till bekräftelse härav har undertecknade undertecknat denna deklaration .

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Hecho en Lugano , a dieciséis de septiembre de mil novecientos ochenta y ocho .

Udfærdiget i Lugano , den sekstende september nitten hundrede og otteogfirs .

Geschehen zu Lugano am sechzehnten September neunzehnhundertachtundachtzig.

Εγινε στο Λουγκάνο, στις δέκα έξι Σεπτεμβρίου χίλια εννιακόσια ογδόντα οκτώ .

Done at Lugano on the sixteenth day of September in the year one thousand nine hundred and
eighty-eight .

Fait à Lugano , le seize septembre mil neuf cent quatre-vingt-huit .

Arna dhéanamh i Lugano , an séú lá déag de Mhéan Fómhair sa bhliain mile naoi gcéad ochto a
hocht .

Gjórt í Lugano hinn sextánda dag septembermánaδar nítján hundruδ áttatíu og átta .

Fatto a Lugano , addì sedici settembre millenovecentottantotto .

Gedaan te Lugano , de zestiende september negentienhonderd achtentachtig .

Utferdiget i Lugano , den sekstende september nitten hundre og åttiåtte .

Feito em Lugano , em dezasseis de Setembro de mil novecentos e oitenta e oito .

Tehty Luganossa kuudentenatoista päivänä syyskuuta vuonna tuhat yhdeksänsataa kahdeksankym­
mentåkahdeksan .

Som skedde i Lugano den sextonde september nittonhundraåttioåtta .

Pour le gouvernement du royaume de Belgique
Voor de Regering van het Koninkrijk België

For regeringen for Kongeriget Danmark

Für die Regierung der Bundesrepublik Deutschland

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25 . 11 . 88

Για την κυβέρνηση της Ελληνικής Δημοκρατίας

I

Por el Gobierno del Reino de Espana

Pour le gouvernement de la République française

Thar ceann Rialtas na hÉíreann

Per il governo della Repubblica italiana

Pour le gouvernement du grand-duché de Luxembourg

Voor de Regering van het Koninkrijk der Nederlanden

Pelo Governo da Republica Portuguesa

A

For the Government of the United Kingdom of Great Britain and Northern Ireland

25 . 11 . 88

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No L 319 / 37

DECLARATION

by the Representatives of the Governments of the States signatories to the Lugano Convention which
are members of the European Communities

Upon signature of the Convention on jurisdiction and the enforcement of judgments in civil and
commercial matters done at Lugano on 16 September 1988 ,

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN
COMMUNITIES

declare that they consider as appropriate that the Court of Justice of the European Communities ,
when interpreting the Brussels Convention , pay due account to the rulings contained in the case-law of
the Lugano Convention.

En fe de lo cual , los abajo firmantes suscriben la presente Declaración .

Til bekræftelse heraf har undertegnede underskrevet denne erklæring.

Zu Urkund dessen haben die Unterzeichneten ihre Unterschrift unter diese Erklärung gesetzt.

Σε πίστωση των ανωτέρω , οι υπογράφοντες πληρεξούσιοι έθεσαν την υπογραφή τους κάτω από την
παρούσα δήλωση .

In witness whereof the undersigned have signed this Declaration .

En foi de quoi , les soussignés ont signé la présente déclaration .

Dá fhianú sin , chuir na daoine thíos-sínithe a lámh leis an Dearbhú seo .

Pessu til sta8festu hafa undirritaδir undirritaδ yfirlysingu pessa .

In fede di che , i sottoscritti hanno firmato la presente dichiarazione .

Ten blijke waarvan de ondergetekenden deze verklaring hebben ondertekend .

De undertegnete har undertegnet erklæringen til vitterlighet.

Em fé do que os abaixo-assinados firmaram a presente declaração .

Taman vakuudeksi ovat allekirjoittaneet , asianmukaisesti siihen valtuutettuina , allekirjoittaneet
taman yleissopimuksen .

Till bekräftelse härav har undertecknade denna deklaration .

Hecho en Lugano , a dieciséis de septiembre de mil novecientos ochenta y ocho .

Udfærdiget i Lugano , den sekstende september nitten hundrede og otteogfirs .

Geschehen zu Lugano am sechzehnten September neunzehnhundertachtundachtzig.

Εγινε στο Λουγκάνο, στις δέκα έξι Σεπτεμβρίου χίλια εννιακόσια ογδόντα οκτώ .

Done at Lugano on the sixteenth day of September in the year one thousand nine hundred and
eighty-eight .

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25 . 11 . 88

Fait a Lugano , le seize septembre mil neuf cent quatre-vingt-huit .

Arna dhéanamh i Lugano , an séú lá déag de Mhéan Fómhair sa bhliain mile naoi gcéad ochto a
hocht .

Gjórt í Lugano hinn sextánda dag septembermánaδar nítján hundru8 áttatíu og átta .

Fatto a Lugano , addì sedici settembre millenovecentottantotto .

Gedaan te Lugano , de zestiende september negentienhonderd achtentachtig .

Utferdiget i Lugano , den sekstende september nitten hundre og åttiåtte .

Feito em Lugano , em dezasseis de Setembro de mil novecentos e oitenta e oito .

Tehty Luganossa kuudentenatoista päivänä syyskuuta vuonna tuhat yhdeksänsataa kahdeksankym­
mentåkahdeksan .

Som skedde i Lugano den sextonde september nittonhundraåttioåtta .

Pour le gouvernement du royaume de Belgique
Voor de Regering van het Koninkrijk België

For regeringen for Kongeriget Danmark

Für die Regierung der Bundesrepublik Deutschland

Για την κυβέρνηση της Ελληνικής Δημοκρατίας

Por el Gobierno del Reino de Espana

Pour le gouvernement de la République française

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Thar ceann Rialtas na hEireann

Per il governo della Repubblica italiana

Pour le gouvernement du grand-duché de Luxembourg

Voor de Regering van het Koninkrijk der Nederlanden

Pelo Governo da Republica Portuguesa

For the Government of the United Kingdom of Great Britain and Northern Ireland

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25 . 11 . 88

DECLARATION

by the Representatives of the Governments of the States signatories to the Lugano Convention which
are members of the European Free Trade Association

Upon signature of the Convention on jurisdiction and the enforcement of judgments in civil and
commercial matters done at Lugano on 16 September 1988 ,

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN
FREE TRADE ASSOCIATION

declare that they consider as appropriate that their courts, when interpreting the Lugano Convention ,
pay due account to the rulings contained in the case law of the Court of Justice of the European
Communities and of courts of the Member States of the European Communities in respect of
provisions of the Brussels Convention which are substantially reproduced in the Lugano
Convention .

En fe de lo cual , los abajo firmantes suscriben la presente Declaración .

Til bekræftelse heraf har undertegnede underskrevet denne erklæring.

Zu Urkund dessen haben die Unterzeichneten ihre Unterschrift unter diese Erklärung gesetzt.

Σε πίστωση των ανωτέρω, οι υπογράφοντες πληρεξούσιοι έθεσαν την υπογραφή τους κάτω από την
παρούσα δήλωση .

In witness whereof the undersigned have signed this Declaration .

En foi de quoi , les soussignés ont signé la présente déclaration .

Dá fhianú sin , chuir na daoine thíos-sínithe a lámh leis an Dearbhú seo .

Pessu til sta8festu hafa undirritaδir undirritaδ yfirlysingu pessa.

In fede di che , i sottoscritti hanno firmato la presente dichiarazione .

Ten blijke waarvan de ondergetekenden deze verklaring hebben ondertekend .

De undertegnete har undertegnet erklæringen til vitterlighet .

Em fé do que os abaixo-assinados firmaram a presente declaração .

Taman vakuudeksi ovat allekirjoittaneet, asianmukaisesti siihen valtuutettuina , allekirjoittaneet
taman yleissopimuksen .

Till bekräftelse härav har undertecknade undertecknat denna deklaration .

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Hecho en Lugano , a dieciséis de septiembre de mil novecientos ochenta y ocho .

Udfærdiget i Lugano , den sekstende september nitten hundrede og otteogfirs .

Geschehen zu Lugano am sechzehnten September neunzehnhundertachtundachtzig.

Εγινε στο Λουγκάνο, στις δέκα έξι Σεπτεμβρίου χίλια εννιακόσια ογδόντα οκτώ .

Done at Lugano on the sixteenth day of September in the year one thousand nine hundred and
eighty-eight .

Fait à Lugano , le seize septembre mil neuf cent quatre-vingt-huit .

Arna dhéanamh i Lugano , an séú lá déag de Mhéan Fómhair sa bhliain mile naoi gcéad ochto a
hocht .

Gjórt í Lugano hinn sextánda dag septembermána8ar nítján hundru8 áttatíu og átta .

Fatto a Lugano , addì sedici settembre millenovecentottantotto .

Gedaan te Lugano , de zestiende september negentienhonderd achtentachtig.

Utferdiget i Lugano , den sekstende september nitten hundre og åttiåtte .

Feito em Lugano , em dezasseis de Setembro de mil novecentos e oitenta e oito .

Tehty Luganossa kuudentenatoista päivänä syyskuuta vuonna tuhat yhdeksänsataa kahdeksankym­
mentåkahdeksan .

Som skedde i Lugano den sextonde september nittonhundraåttioåtta .

Fyrir ríkisstjórn lyδveldisins Islands

For Kongeriket Norges Regjering

Für die Regierung der Republik Österreich

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25 . 11 . 88

Fur die Regierung der Schweizerischen Eidgenossenschaft
Pour le gouvernement de la Confédération suisse
Per il governo della Confederazione svizzera

Suomen tassavallen hallituksen puolesta

For Konungariket Sveriges regering

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FINAL ACT

The Representatives of:

THE GOVERNMENT OF THE KINGDOM OF BELGIUM ,

THE GOVERNMENT OF THE KINGDOM OF DENMARK ,

THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY ,

THE GOVERNMENT OF THE HELLENIC REPUBLIC ,

THE GOVERNMENT OF THE KINGDOM OF SPAIN ,

THE GOVERNMENT OF THE FRENCH REPUBLIC ,

THE GOVERNMENT OF IRELAND ,

THE GOVERNMENT OF THE REPUBLIC OF ICELAND ,

THE GOVERNMENT OF THE ITALIAN REPUBLIC ,

THE GOVERNMENT OF THE GRAND DUCHY OF LUXEMBOURG ,

THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS ,

THE GOVERNMENT OF THE KINGDOM OF NORWAY ,

THE GOVERNMENT OF THE REPUBLIC OF AUSTRIA ,

THE GOVERNMENT OF THE PORTUGUESE REPUBLIC ,

THE GOVERNMENT OF THE KINGDOM OF SWEDEN ,

THE GOVERNMENT OF THE SWISS CONFEDERATION ,

THE GOVERNMENT OF THE REPUBLIC OF FINLAND ,

THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND ,

Assembled at Lugano on the sixteenth day of September in the year one thousand nine hundred and
eighty-eight on the occasion of the Diplomatic Conference on jurisdiction in civil matters, have placed
the following texts have been drawn up and adopted within the
on record the fact
Conference :

that

I.

the Convention on jurisdiction and the enforcement of judgments in civil and commercial
matters :

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25 . 11 . 88

II.

the following Protocols, which form an integral part of the Convention:

— 1 , on certain questions of jurisdiction , procedure and enforcement,

— 2 , on the uniform interpretation of the Convention ,

— 3 , on the application of Article 57 ;

III .

the following Declarations:

— Declaration by the Representatives of the Governments of the States signatories to the
Lugano Convention which are members of the European Communities on Protocol 3 on the
application of Article 57 of the Convention ,

— Declaration by the Representatives of the Governments of the States signatories to the

Lugano Convention which are members of the European Communities ,

— Declaration by the Representatives of the Governments of the States signatories to the

Lugano Convention which are members of the European Free Trade Association.

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En fe de lo cual , los abajo firmantes suscriben la presente Acta final .

Til bekræftelse heraf har undertegnede underskrevet denne slutakt.

Zu Urkund dessen haben die Unterzeichneten ihre Unterschrift unter diese Schlußakte gesetzt.

Σε πίστωση των ανωτέρω , οι υπογράφοντες πληρεξούσιοι έθεσαν την υπογραφή τους κάτω από την
παρούσα τελική πράξη.

In witness whereof, the undersigned have signed this Final Act.

En foi de quoi, les soussignés ont apposé leurs signatures au bas du présent acte final .

Dá fhianú sin , chuir na daoine thíos-sínithe a lámh leis an Ionstraim Chríochnaitheach seo .

Pessu til staδfestu hafa undirritaδir undirritaδ lokagerδ pessa .

In fede di che , i sottoscritti hanno apposto le loro firme in calce al presente atto finale .

Ten blijke waarvan de ondergetekenden hun handtekening onder deze Slotakte hebben gesteld.

Til bekreftelse har de undertegnete underskrevet denne Sluttakt.

Em fé do que os abaixo-assinados apuseram as suas assinaturas no final do presente Acto Final .

Tämän vakuudeksi allekirjoittaneet ovat, allekirjoittaneet tämän Päättöpöytäkirjan.

Till bekräftelse härav har undertecknade undertecknat denna Slutakt .

Hecho en Lugano , a dieciséis de septiembre de mil novecientos ochenta y ocho .

Udfærdiget i Lugano, den sekstende september nitten hundrede og otteogfirs.

Geschehen zu Lugano am sechzehnten September neunzehnhundertachtundachtzig.

Εγινε στο Λουγκάνο, στις δέκα έξι Σεπτεμβρίου χίλια εννιακόσια ογδόντα οκτώ .

Done at Lugano on the sixteenth day of September in the year one thousand nine hundred and
eighty-eight.

Fait a Lugano , le seize septembre mil neuf cent quatre-vingt-huit.

Arna dhéanamh i Lugano , an séú lá déag de Mhéan Fómhair sa bhliain mile naoi gcéad ochto a
hocht .

Gjórt í Lugano hinn sextánda dag septembermánaδar nítján hundru8 áttatíu og átta .

Fatto a Lugano , addì sedici settembre millenovecentottantotto .

Gedaan te Lugano , de zestiende september negentienhonderd achtentachtig.

Utferdiget i Lugano , den sekstende september nitten hundre og åttiåtte .

Feito em Lugano , em dezasseis de Setembro de mil novecentos e oitenta e oito .

Tehty Luganossa kuudentenatoista päivänä syyskuuta vuonna tuhat yhdeksänsataa kahdeksankym­
mentåkahdeksan .

Som skedde i Lugano den sextonde september nittonhundraåttioåtta .

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Pour le gouvernement du royaume de Belgique
Voor de Regering van het Koninkrijk België

For regeringen for Kongeriget Danmark

Für die Regierung der Bundesrepublik Deutschland

Για την κυβέρνηση της Ελληνικής Δημοκρατίας

Por el Gobierno del Reino de Espana

Pour le gouvernement de la République française

Thar ceann Rialtas na hEireann

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Fyrir rikisstj6rn ly8veldisins Islands

Per il governo della Repubblica italiana

/

Pour le gouvernement du grand-duché de Luxembourg

Voor de Regering van het Koninkrijk der Nederlanden

For Kongeriket Norges Regjering

Für die Regierung der Republik Österreich

Pelo Governo da Republica Portuguesa

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Für die Regierung der Schweizerischen Eidgenossenschaft
Pour le gouvernement de la Confédération suisse
Per il governo della Confederazione svizzera

Suomen tassavallen hallituksen puolesta

For Konungariket Sveriges regering

For the Government of the United Kingdom of Great Britain and Northern Ireland