1968 Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (consolidated version)
Date: 1998-01-26
Institutions: Council of the European Union
Subjects: European convention, jurisdiction, national law

26.  1.  98

EN

Official  Journal  of  the  European  Communities

C 27/1

I

(Information)

COUNCIL

1968  Brussels  Convention  on  jurisdiction  and  the  enforcement  of  judgments  in  civil  and
commercial  matters  (consolidated  version)

Protocol  on  the  interpretation  of  the  1968  Convention  by  the  Court  of  Justice  (consolidated
version)

(98/C 27/01)

PRELIMINARY  NOTE

The signing on 29 November 1996 of the Convention on
the  accession  of  the  Republic  of  Austria,  the  Republic  of
Finland  and  the  Kingdom  of  Sweden  to  the  Brussels
Convention  on 
jurisdiction  and  the  enforcement  of
judgments  in  civil  and  commercial  matters  and  to  the
Protocol  on  its  interpretation  by  the  Court  of  Justice  has
made  it  desirable,  as  with  previous  accessions,  for  legal
to  be  provided  with  an  up-to-date
practitioners 
consolidated  version  of 
the  Brussels
Convention  and  of  that  Protocol  published  in  Official
Journal  of  the  European  Communities  C 189  of  28  July
1990.

texts  of 

the 

These texts are accompanied by three Declarations by the
representatives of the Governments of the Member States,
one  made  in  1978  in  connection  with  the  International

Convention  relating  to  the  arrest  of  sea-going  ships,
another  in  1989  concerning  the  ratification  of  the
Convention  on  the  accession  of  the  Kingdom  of  Spain
and  the  Portuguese  Republic  and  the  last  in  1996  on
jurisdiction  for  cases  where,  in  the  framework  of  the
provision  of  services,  workers  are  posted  in  a  Member
State  other  than  that  in  which  their  work  is  normally
performed.

The  text  printed  in  this  edition  was  drawn  up  by  the
General  Secretariat  of  the  Council,  in  whose  archives  the
originals  of  the  instruments  concerned  are  deposited.  It
should  be  noted,  however,  that  this  text  has  no  binding
force.  The  official  texts  of  the  instruments  consolidated
are  to  be  found  in  the  following  Official  Journals.

Language
version  of  the
Official Journal

1968
Brussels
Convention

1971
Protocol

1978
Accession
Convention

1982
Accession
Convention

1989
Accession
Convention

1997
Accession
Convention

German

English

Danish

French

L  299,
31.  12.  1972,
p.  32

L  304,
30.  10.  1978,
p.  36

L  304,
30.  10.  1978,
p.  17

L  299,
31.  12.  1972,
p.  32

L  204,
2.  8.  1975,
p.  28

L  304,
30.  10.  1978,
p.  50

L  304,
30.  10.  1978,
p.  31

L  204,
2.  8.  1975,
p.  28

L  304,
30.  10.  1978,
p.  1

L  304,
30.  10.  1978,
p.  1

L  304,
30.  10.  1978,
p.  1

L  304,
30.  10.  1978,
p.  1

L  388,
31.  12.  1982,
p.  1

L  388,
31.  12.  1982,
p.  1

L  388,
31.  12.  1982,
p.  1

L  388,
31.  12.  1982,
p.  1

L  285,
3.  10.  1989,
p.  1

L  285,
3.  10.  1989,
p.  1

L  285,
3.  10.  1989,
p.  1

L  285,
3.  10.  1989,
p.  1

C  15,
15.  1.  1997,
p.  1

C  15,
15.  1.  1997,
p.  1

C  15,
15.  1.  1997,
p.  1

C  15,
15.  1.  1997,
p.  1

C 27/2

EN

Official  Journal  of  the  European  Communities

26.  1.  98

Language
version  of  the
Official Journal

1968
Brussels
Convention

1971
Protocol

1978
Accession
Convention

1982
Accession
Convention

1989
Accession
Convention

1997
Accession
Convention

Greek

Irish

Italian

Dutch

Spanish

Portuguese

Swedish

Finnish

L  388,
31.  12.  1982,
p.  7

L  388,
31.  12.  1982,
p.  20

L  388,
31.  12.  1982,
p.  24

L  388,
31.  12.  1982,
p.  1

L  285,
3.  10.  1989,
p.  1

C  15,
15.  1.  1997,
p.  1

Special Edition
(L  388)

Special Edition
(L  388)

Special Edition
(L  388)

Special Edition
(L  388)

Special Edition
(L  285)

Special Edition
(C  15)

L  299,
31.  12.  1972,
p.  32

L  299,
31.  12.  1972,
p.  32

L  285,
3.  10.  1989,
p.  24

L  285,
3.  10.  1989,
p.  24

C  15,
15.  1.  1997,
p.  30

C  15,
15.  1.  1997,
p.  30

L  204,
2.  8.  1975,
p.  28

L  204,
2.  8.  1975,
p.  28

L  285,
3.  10.  1989,
p.  37

L  285,
3.  10.  1989,
p.  37

C  15,
15.  1.  1997,
p.  10

C  15,
15.  1.  1997,
p.  10

L  304,
30.  10.  1978,
p.  1

L  304,
30.  10.  1978,
p.  1

L  285,
3.  10.  1989,
p.  41

L  285,
3.  10.  1989,
p.  41

C  15,
15.  1.  1997,
p.  14

C  15,
15.  1.  1997,
p.  14

L  388,
31.  12.  1982,
p.  1

L  388,
31.  12.  1982,
p.  1

L  285,
3.  10.  1989,
p.  54

L  285,
3.  10.  1989,
p.  54

C  15,
15.  1.  1997,
p.  26

C  15,
15.  1.  1997,
p.  26

L  285,
3.  10.  1989,
p.  1

L  285,
3.  10.  1989,
p.  1

L  285,
3.  10.  1989,
p.  1

L  285,
3.  10.  1989,
p.  1

C  15,
15.  1.  1997,
p.  43

C  15,
15.  1.  1997,
p.  43

C  15,
15.  1.  1997,
p.  1

C  15,
15.  1.  1997,
p.  1

C  15,
15.  1.  1997,
p.  1

C  15,
15.  1.  1997,
p.  1

C  15,
15.  1.  1997,
p.  1

C  15,
15.  1.  1997,
p.  1

26.  1.  98

EN

Official  Journal  of  the  European  Communities

C 27/3

ANNEX

CONVENTION

on  jurisdiction  and  the  enforcement  of  judgments  in  civil  and  commercial  matters (1)

PREAMBLE (2)

THE  HIGH  CONTRACTING  PARTIES  TO  THE  TREATY  ESTABLISHING  THE  EUROPEAN
ECONOMIC  COMMUNITY,

DESIRING to implement the provisions of Article 220 of that Treaty by virtue of which they undertook to
secure  the  simplification  of  formalities  governing  the  reciprocal  recognition  and  enforcement  of  judgments
of  courts  or  tribunals;

ANXIOUS  to  strengthen  in  the  Community  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 (2);

HAVE  DECIDED  to  conclude  this  Convention  and  to  this  end  have  designated  as  their  Plenipotentiaries:

[Plenipotentiaries  designated  by  the  Member  States]

WHO,  meeting  within  the  Council,  having  exchanged  their  full  powers,  found  in  good  and  due  form,

HAVE  AGREED  AS  FOLLOWS:

(1) Text  as  amended  by  the  Convention  of  9  October  1978  on  the  accession  of  the  Kingdom  of  Denmark,
Ireland  and  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland  —  hereafter  referred  to  as  the
‘1978 Accession Convention’ — by the Convention of 25 October 1982 on the accession of the Hellenic
Republic  —  hereafter  referred  to  as  the  ‘1982  Accession  Convention’  —  and  by  the  Convention  of
26  May  1989  on  the  accession  of  the  Kingdom  of  Spain  and  the  Portuguese  Republic  —  hereafter
referred  to  as  the  ‘1989  Accession  Convention’,  and  by  the  Convention  of  29  November  1996  on  the
accession  of  the  Republic  of  Austria,  the  Republic  of  Finland  and  the  Kingdom  of  Sweden,  hereinafter
referred  to  as  the  ‘1996  Accession  Convention’.

(2) The  Preamble  of  the  1989  Accession  Convention  contained  the  following  text:

‘MINDFUL that on 16 September 1988 the Member States of the Community and the Member States of
the  European  Free  Trade  Association  concluded  in  Lugano  the  Convention  on  jurisdiction  and  the
enforcement  of  judgments  in  civil  and  commercial  matters,  which  extends  the  principles  of  the  Brussels
Convention  to  the  States  becoming  parties  to  that  Convention’.

C 27/4

EN

Official  Journal  of  the  European  Communities

26.  1.  98

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 (1).

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
insolvent  companies  or  other  legal  persons,  judicial
analogous
arrangements, 
proceedings;

compositions 

and 

3.

social security;

4. arbitration.

TITLE  II

JURISDICTION

S e c t i o n   1

General provisions

Article  2

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

civil  procedure  (Lov  om  rettens  pleje) (2),

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

code  of  civil  procedure  (Zivilprozeßordnung),

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

(Κω(cid:139) (cid:228)ØκÆς  Π(cid:239)λØ(cid:244)Øκη(cid:139) ς  ∆Øκ(cid:239)ν(cid:239)µ(cid:221)Æς),

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

civil  procedure  (Codice  di  procedura  civile),

— in  Luxembourg:  Articles  14  and  15  of  the  civil  code

(Code  civil),

— in  Austria:  Article  99  of 

the  Law  on  Court

Jurisdiction  (Jurisdiktionsnorm),

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

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

— in  Finland:  the  second,  third  and  fourth  sentences  of
the  first  paragraph  of  Section  1  of  Chapter  10  of  the
Code  of  Judicial  Procedure  (oikeudenkäymiskaari/
rättegångsbalken),

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.

— in  Sweden:  the  first  sentence  of  the  first  paragraph  of
Section  3  of  Chapter  10  of  the  Code  of  Judicial
Procedure  (rättegångsbalken),

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.

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),

(1) Second  sentence  added  by  Article  3  of  the  1978  Accession

Convention.

— 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 (3).

(2) As  amended  by  a  communication  of  8  February  1988  made
in  accordance  with  Article  VI  of  the  annexed  Protocol,  and
confirmed  by  Annex  1  (d)  (1)  to  the  1989  Accession
Convention.

(3) Second  subparagraph  as  amended  by  Article  4  of  the  1978
Accession  Convention,  by  Article  3  of  the  1982  Accession
Convention,  by  Article  3  of  the  1989  Accession  Convention
and  by  Article  2  of  the  1996  Accession  Convention.

26.  1.  98

EN

Official  Journal  of  the  European  Communities

C 27/5

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.

S e c t i o n   2

Special jurisdiction

Article  5

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

1.

2.

to 

relating 

individual 

in matters relating to a contract, in the courts for the
place of performance of the obligation in question; in
matters 
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, the employer may also be sued in the courts
for  the  place  where  the  business  which  engaged  the
employee  was  or  is  now  situated (1);

contracts 

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 
law,  has
jurisdiction to entertain those proceedings, unless that
jurisdiction  is  based  solely  on  the  nationality  of  one
of  the  parties (2);

its  own 

to 

3.

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

4. as  regards  a  civil  claim  for  damages  or  restitution
which  is  based  on  an  act  giving  rise  to  criminal

proceedings,  in  the  court  seised  of  those  proceedings,
to the extent that that court has jurisdiction under its
own  law  to  entertain  civil  proceedings;

5. as regards a dispute arising out of the operations of a
branch,  agency  or  other  establishment,  in  the  courts
for  the  place  in  which  the  branch,  agency  or  other
establishment  is  situated;

6. 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 (3);

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

(a) has  been  arrested  to  secure  such  payment,  or

(b) could  have  been  so  arrested,  but  bail  or  other

security  has  been  given;

provided  that  this  provision  shall  apply  only  if  it  is
claimed  that  the  defendant  has  an  interest  in  the
cargo or freight or had such an interest at the time of
salvage (4).

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
instituted  solely  with  the  object  of
these  were 
removing  him  from  the  jurisdiction  of  the  court
which  would  be  competent  in  his  case;

3. on  a  counter-claim  arising  from  the  same  contract  or
facts  on  which  the  original  claim  was  based,  in  the
court  in  which  the  original  claim  is  pending;

(1) Point  1  as  amended  by  Article  4  of  the  1989  Accession

(3) Point  6  added  by  Article  5  (4)  of  the  1978  Accession

Convention.

Convention.

(2) Point  2  as  amended  by  Article  5  (3)  of  the  1978  Accession

(4) Point  7  added  by  Article  5  (4)  of  the  1978  Accession

Convention.

Convention.

C 27/6

EN

Official  Journal  of  the  European  Communities

26.  1.  98

4.

in matters relating to a contract, if the action may be
combined  with  an  action  against  the  same  defendant
in  matters  relating  to  rights  in  rem  in  immovable
property,  in  the  court  of  the  Contracting  State  in
which  the  property  is  situated (1).

Article  6a (2)

Where  by  virtue  of  this  Convention  a  court  of  a
Contracting  State  has  jurisdiction  in  actions  relating  to
liability  from  the  use  or  operation  of  a  ship,  that  court,
or  any  other  court  substituted  for  this  purpose  by  the
internal law of that State, shall also have jurisdiction over
claims  for  limitation  of  such  liability.

S e c t i o n   3

Jurisdiction  in  matters  relating  to  insurance

Article  7

Article  9

liability 

insurance  or 

In  respect  of 
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

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

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.

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.

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

Article  11

Article  8 (3)

An  insurer  domiciled  in  a  Contracting  State  may  be
sued:

1.

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

2.

3.

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  which  proceedings  are  brought  against  the
leading insurer.

to 

the  provisions  of 

third
Without  prejudice 
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 

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.

Article  12 (4)

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

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.

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

2. which  allows  the  policy-holder,  the  insured  or  a
beneficiary  to  bring  proceedings  in  courts  other  than
those  indicated  in  this  Section,  or

(1) Point  4  added  by  Article  5  of  the  1989  Accession

Convention.

(2) Article  added  by  Article  6  of 

the  1978  Accession

Convention.

3. which  is  concluded  between  a  policy-holder  and  an
insurer,  both  of  whom  are  domiciled  in  the  same

(3) Text  as  amended  by  Article  7  of  the  1978  Accession

(4) Text  as  amended  by  Article  8  of  the  1978  Accession

Convention.

Convention.

26.  1.  98

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C 27/7

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
that  State,  or

S e c t i o n   4 (2)

Jurisdiction  over  consumer  contracts

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

Article  13

5. which relates to a contract of insurance in so far as it
in

the  risks  set  out 

covers  one  or  more  of 
Article  12a.

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
jurisdiction  shall  be  determined  by  this
consumer’, 
Section, without prejudice to the provisions of point 5 of
Articles  4  and  5,  if  it  is:

Article  12a (1)

1. a  contract  for  the  sale  of  goods  on  instalment  credit

terms;  or

The  following  are  the  risks  referred  to  in  point  5  of
Article  12:

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

1. any  loss  of  or  damage  to:

(a)

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

to 

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

2. any 

liability,  other 

injury 
than 
passengers  or  loss  of  or  damage  to  their  baggage:

for  bodily 

to

(a) arising  out  of  the  use  or  operation  of  ships,
installations  or  aircraft  as  referred  to  in  point  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  point  1  (b)  above;

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

4. any  risk  or  interest  connected  with  any  of  those

referred  to  in  points  1  to  3  above.

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
invitation  addressed  to  him  or  by
specific 
advertising; and

(b)

the  consumer  took 
necessary  for  the  conclusion  of  the  contract.

in  that  State  the  steps

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  branch,  agency  or
establishment,  be  deemed  to  be  domiciled  in  that  State.

the  operations  of 

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.

(1) Article  added  by  Article  9  of 

the  1978  Accession

(2) Text  as  amended  by  Article  10  of  the  1978  Accession

Convention.

Convention.

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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  the  right  to  bring  a
counter-claim  in  the  court  in  which,  in  accordance  with
this  Section,  the  original  claim  is  pending.

Article  15

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.

S e c t i o n   5

Exclusive jurisdiction

Article  16

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

1. (a)

in 

in proceedings which have as their object rights in
immovable  property  or  tenancies  of
rem 
the
immovable 
Contracting  State 
is
situated;

in  which  the  property 

property, 

courts 

the 

of 

(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  landlord  and  the  tenant  are  natural

persons  and  are  domiciled 
Contracting  State (1);

in 

the 

same

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

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

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

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

S e c t i o n   6

Prorogation  of  jurisdiction

Article  17 (2)

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

(a)

in  writing  or  evidenced  in  writing;  or

(b)

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

(c)

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

(1) Point  1  as  amended  by  Article  6  of  the  1989  Accession

Convention.

(2) Text  as  amended  by  Article  11  of  the  1978  Accession
Convention  and  by  Article  7  of  the  1989  Accession
Convention.

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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
trust  instrument  has  conferred  jurisdiction  shall  have
exclusive  jurisdiction  in  any  proceedings  brought  against
a settlor, trustee or beneficiary, if relations between these
persons  or  their  rights  or  obligations  under  the  trust  are
involved.

Agreements or provisions of a trust instrument conferring
jurisdiction  shall  have  no  legal  force  if  they  are  contrary
to  the  provisions  of  Articles  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 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 employment
an agreement conferring jurisdiction shall have legal force
only  if  it  is  entered  into  after  the  dispute  has  arisen  or  if
the  employee  invokes  it  to  seise  courts  other  than  those
for  the  defendant’s  domicile  or  those  specified 
in
Article  5  (1).

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  the  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 (1).

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 
in
accordance  with  that  Convention.

transmitted  abroad 

thereof  had 

to  be 

S e c t i o n   8

Lis  pendens  —  related  actions

Article  18

Article  21 (2)

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.

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.

jurisdiction  of  the  court  first  seised 

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

S e c t i o n   7

Examination  as  to  jurisdiction  and  admissibility

Article  22

Article  19

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.

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.

(1) Second  subparagraph  as  amended  by  Article  12  of  the  1978

Accession  Convention.

(2) Text  as  amended  by  Article  8  of  the  1989  Accession

Convention.

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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  first  seised  has  jurisdiction  over
both  actions.

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

irreconcilable 

Article  23

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

the  procedures  provided 

for 

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.

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.

Article  27

S e c t i o n   9

Provisional,  including  protective,  measures

1.

if  such  recognition  is  contrary  to  public  policy  in  the
State  in  which  recognition  is  sought;

A  judgment  shall  not  be  recognized:

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,  order,  decision  or  writ  of  execution,
as  well  as  the  determination  of  costs  or  expenses  by  an
officer  of  the  court.

S e c t i o n   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.

2. where  it  was  given  in  default  of  appearance,  if  the
defendant  was  not  duly  served  with  the  document
the  proceedings  or  with  an
which 
equivalent  document  in  sufficient  time  to  enable  him
to  arrange  for  his  defence (1);

instituted 

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
concerning  the  status  or  legal  capacity  of  natural
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 (2);

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 (3).

(1) Point  2  as  amended  by  Article  13  (1)  of  the  1978  Accession

Convention.

(2) Point 4 as amended by Annex I (a) (2) first subparagraph to

the  1989  Accession  Convention.

(3) Point  5  added  by  Article  13  (2)  of  the  1978  Accession
Convention  and  amended  by  Annex  I  (d)  (2)  second
subparagraph  to  the  1989  Accession  Convention.

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Article  28

State  when,  on  the  application  of  any  interested  party,  it
has  been  declared  enforceable  there (4).

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.

In  its  examination  of  the  grounds  of  jurisdiction  referred
to  in  the  foregoing  paragraph,  the  court  or  authority
applied  to  shall  be  bound  by  the  findings  of  fact  on
its
which  the  court  of  the  State  of  origin  based 
jurisdiction (1).

Subject  to  the  provisions  of  the  first  paragraph,  the
jurisdiction of the court of the State of origin may not be
reviewed;  the  test  of  public  policy  referred  to  in  point  1
of  Article  27  may  not  be  applied  to  the  rules  relating  to
jurisdiction (2).

Article  29

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 (3).

S e c t i o n   2

Enforcement

Article  31

A  judgment  given  in  a  Contracting  State  and  enforceable
in  that  State  shall  be  enforced  in  another  Contracting

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 (5).

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’ (6),

— in  the  Federal  Republic  of  Germany,  to  the  presiding

judge  of  a  chamber  of  the  ‘Landgericht’,

— in  Greece,  to  the  ‘Μ(cid:239)ν(cid:239)µ(cid:229)λ(cid:219)ς  Πρω(cid:244)(cid:239)(cid:228)Øκ(cid:229)(cid:221)(cid:239)’,

— 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  Italy,  to  the  ‘Corte  d’appello’,

— in Luxembourg, to the presiding judge of the ‘tribunal

d’arrondissement’,

— in  Austria,  to  the  ‘Bezirksgericht’,

— in  the  Netherlands,  to  the  presiding  judge  of  the

‘arrondissementsrechtbank’,

— in  Portugal,  to  the  ‘Tribunal  Judicial  de  Circulo’,

— in  Finland,  to  the  ‘käräjäoikeus/tingsrätt’,

— in  Sweden,  to  the  ‘Svea  hovrätt’,

— in  the  United  Kingdom:

(a)

in  England  and  Wales,  to  the  High  Court  of
Justice, or in the case of maintenance judgment to
the  Magistrates’  Court  on  transmission  by  the
Secretary  of  State;

(b)

in  Scotland,  to  the  Court  of  Session,  or  in  the
case  of  a  maintenance  judgment  to  the  Sheriff
Court  on  transmission  by  the  Secretary  of  State;

(1) As  amended  by  Annex  I  (d)  (3)  first  subparagraph  to  the

Convention.

1989  Accession  Convention.

(5) Second  subparagraph  added  by  Article  15  of  the  1978

(2) As  amended  by  Annex  I  (d)  (3)  second  subparagraph  to  the

Accession  Convention.

1989  Accession  Convention.

(3) Second  subparagraph  added  by  Article  14  of  the  1978
Accession Convention and amended by Annex I (d) (4) to the
1989  Accession  Convention.

(6) As  amended  by  a  communication  of  8  February  1988  made
in  accordance  with  Article  VI  of  the  annexed  Protocol,  and
confirmed  by  Annex  I  (d)  (5)  to  the  1989  Accession
Convention.

(4) Text  as  amended  by  Article  9  of  the  1989  Accession

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(c)

in Northern Ireland, to the High Court of Justice,
or  in  the  case  of  a  maintenance  judgment  to  the
Magistrates’  Court  on 
the
Secretary  of  State (1).

transmission  by 

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.

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

in  which  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.

Article  37 (2)

An  appeal  against 

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

— in Belgium, with the ‘tribunal de première instance’ or

‘rechtbank  van  eerste  aanleg’,

— in  Denmark,  with  the  ‘landsret’,

— in  the  Federal  Republic  of  Germany,  with  the

‘Oberlandesgericht’,

— in  Greece,  with  the  ‘˛(cid:230)(cid:229)(cid:244)(cid:229)(cid:221)(cid:239)’,

— in  Spain,  with  the  ‘Audiencia  Provincial’,

— in  France,  with  the  ‘cour  d’appel’,

— in  Ireland,  with  the  High  Court,

— in  Italy,  with  the  ‘corte  d’appello’,

Article  34

— in  Luxembourg,  with  the  ‘Cour  supérieure  de  justice’

sitting  as  a  court  of  civil  appeal,

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

— in  Austria  with  the  ‘Bezirksgericht’,

— in 

the  Netherlands,  with 

the 

‘arrondissements-

rechtbank’,

— in  Portugal,  with  the  ‘Tribunal  de  Relação’,

— 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.

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

2.
only:

The judgment given on the appeal may be contested

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

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

(1) First  subparagraph  as  amended  by  Article  16  of  the  1978
Accession  Convention,  by  Article  4  of  the  1982  Accession
Convention, by Article 10 of the 1989 Accession Convention
and  by  Article  3  of  the  1996  Accession  Convention.

(2) Text  as  amended  by  Article  17  of  the  1978  Accession
Convention,  by  Article  5  of  the  1982  Accession  Convention,
by  Article  11  of  the  1989  Accession  Convention  and  by
Article  4  of  the  1996  Accession  Convention.

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— in Denmark, by an appeal to the ‘højesteret’, with the

leave  of  the  Minister  of  Justice,

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

— in 

the  Federal  Republic  of  Germany,  by  a

‘Rechtsbeschwerde’,

Article  40

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

Supreme  Court,

If  the  application  for  enforcement 
applicant may appeal:

is  refused,  the

— in  Belgium,  to  the 

‘cour  d’appel’  or 

‘hof  van

beroep’,

— in  Denmark,  to  the  ‘landsret’,

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

— in 

the  Federal  Republic  of  Germany, 

to 

the

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

domstolen’,

‘Oberlandesgericht’,

— in  Greece,  to  the  ‘˛(cid:230)(cid:229)(cid:244)(cid:229)(cid:221)(cid:239)’,

— in  Sweden  by  an  appeal  to  ‘Högsta  domstolen’,

— in  Spain,  to  the  ‘Audiencia  Provincial’,

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

a  point  of  law.

— in  France,  to  the  ‘cour  d’appel’,

— in  Ireland,  to  the  High  Court,

— in  Italy,  to  the  ‘corte  d’appello’,

Article  38

— in  Luxembourg,  to  the  ‘Cour  supérieure  de  justice’

sitting  as  a  court  of  civil  appeal,

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 (1).

— in  Austria,  to  the  ‘Bezirksgericht’,

— in  the  Netherlands,  to  the  ‘gerechtshof’,

— in  Portugal,  to  the  ‘Tribunal  de  Relação’,

— in  Finland,  to  ‘hovioikeus/hovrätten’,

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 (2).

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.

— 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 (3).

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.

(1) As  amended  by  Annex  I  (d)  (5)  first  subparagraph  to  the

1989  Accession  Convention.

(2) Second  subparagraph  added  by  Article  18  of  the  1978
Accession  Convention  and  amended  by  Annex  I  (d)  (6)
second  subparagraph  to  the  1978  Accession  Convention.

(3) First  subparagraph  as  amended  by  Article  19  of  the  1978
Accession  Convention,  by  Article  6  of  the  1982  Accession
Convention, by Article 12 of the 1989 Accession Convention
and  by  Article  5  of  the  1996  Accession  Convention.

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Article  41 (1)

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

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

— in Denmark, by an appeal to the ‘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  Austria,  by  a  ‘Revisionsrekurs’,

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

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

domstolen’,

— in  Sweden,  by  an  appeal  to  ‘Högsta  domstolen’,

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

a  point  of  law.

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.

An  applicant  may  request  partial  enforcement  of  a
judgment.

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 (2).

Article  44 (3)

An  applicant  who,  in  the  State  of  origin  has  benefited
from  complete  or  partial  legal  aid  or  exemption  from

(1) Text  as  amended  by  Article  20  of  the  1978  Accession
Convention,  by  Article  7  of  the  1982  Accession  Convention,
by  Article  13  of  the  1989  Accession  Convention  and  by
Article  6  of  the  1996  Accession  Convention.

(2) As  amended  by  Annex  I  (d)  (7)  to  the  1989  Accession

costs  or  expenses,  shall  be  entitled,  in  the  procedures
provided  for  in  Articles  32  to  35,  to  benefit  from  the
most 
the  most  extensive
exemption  from  costs  or  expenses  provided  for  by  the
law  of  the  State  addressed.

legal  aid  or 

favourable 

However, an applicant who requests the enforcement of a
decision given by an administrative authority in Denmark
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  the  Danish
Ministry  of  Justice  to  the  effect  that  he  fulfils  the
economic  requiremens  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 
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.

judgment  given 

S e c t i o n   3

Common  provisions

Article  46

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

1. a  copy  of  the  judgment  which  satisfies  the  conditions

necessary  to  establish  its  authenticity;

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 (4).

Article  47 (5)

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;

Convention.

(4) Point  2  as  amended  by  Article  22  of  the  1978  Accession

(3) Text  as  amended  by  Article  21  of  the  1978  Accession
Convention  and  by  Annex  I  (d)  (8)  to  the  1989  Accession
Convention.

Convention.

(5) As  amended  by  Annex  I  (d)  (9)  to  the  1989  Accession

Convention.

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2. where  appropriate,  a  document  showing  that  the
applicant  is  in  receipt  of  legal  aid  in  the  State  of
origin.

Article  48

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

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  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.

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  49

. . . (3).

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 there, on application made
in  accordance  with  the  procedures  provided  for  in
Article  31  et  seq.  The  application  may  be  refused  only  if
enforcement of the instrument is contrary to public policy
in  the  State  addressed (1).

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

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

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 (2).

Article  53

For  the  purposes  of  this  Convention,  the  seat  of  a
company  or  other  legal  person  or  association  of  natural
or legal persons shall be treated as its domicile. However,
in  order  to  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 (4).

TITLE  VI

TRANSITIONAL  PROVISIONS

Article  54 (5)

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

However,  judgments  given  after  the  date  of  entry  into
force  of  this  Convention  between  the  State  of  origin  and

(3) Third paragraph deleted by Article 15 of the 1989 Accession

Convention.

(1) First  paragraph  as  amended  by  Article  14  of  the  1989

(4) Second  subparagraph  added  by  Article  23  of  the  1978

Accession  Convention.

Accession  Convention.

(2) As  amended  by  Annex  I  (d)  (10)  to  the  1989  Accession

(5) Text  as  replaced  by  Article  16  of  the  1989  Accession

Convention.

Convention.

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the  State  addressed  in  proceedings  instituted  before  that
date shall be recognized and enforced in accordance with
the  provisions  of  Title  III  if  jurisdiction  was  founded
upon rules which accorded with those provided for either
in  Title  II  of  this  Convention  or  in  a  convention
concluded  between  the  State  of  origin  and  the  State
addressed which was in force when the proceedings were
instituted (1).

If  the  parties  to  a  dispute  concerning  a  contract  had
agreed  in  writing  before  1  June  1988  for  Ireland  or
before  1  January  1987  for  the  United  Kingdom  that  the
contract was to be governed by the law of Ireland or of a
part  of  the  United  Kingdom,  the  courts  of  Ireland  or  of
that  part  of  the  United  Kingdom  shall  retain  the  right  to
exercise  jurisdiction  in  the  dispute (2).

(1) Title  V  of  the  1978  Accession  Convention  contains  the

following  transitional  provisions:

‘Article  34
1.
The  1968  Convention  and  the  1971  Protocol,  with  the
amendments  made  by  this  Convention,  shall  apply  only  to
legal  proceedings  instituted  and  to  authentic  instruments
formally  drawn  up  or  registered  after  the  entry  into  force  of
this Convention in the State of origin and, where recognition
or  enforcement  of  a  judgment  or  authentic  instrument  is
sought,  in  the  State  addressed.
2. However,  as  between  the  six  Contracting  States  to  the
1968  Convention,  judgments  given  after  the  date  of  entry
into force of this Convention in proceedings instituted before
that  date  shall  be  recognized  and  enforced  in  accordance
with  the  provisions  of  Title  III  of  the  1968  Convention  as
amended.
3. Moreover,  as  between  the  six  Contracting  States  to  the
1968 Convention and the three States mentioned in Article 1
of  this  Convention,  and  as  between  those  three  States,
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 also
be recognized and enforced in accordance with the provisions
of Title III of the 1968 Convention as amended if jurisdiction
was  founded  upon  rules  which  accorded  with  the  provisions
of  Title  II,  as  amended,  or  with  provisions  of  a  convention
concluded  between  the  State  of  origin  and  the  State
addressed  which  was  in  force  when  the  proceedings  were
instituted.’
Title  V  of  the  1982  Accession  Convention  contains  the
following  transitional  provisions:

‘Article  12
1.
The  1968  Convention  and  the  1971  Protocol,  as
amended  by  the  1978  Convention,  shall  apply  only  to  legal
proceedings  instituted  and  to  authentic  instruments  formally
drawn  up  or  registered  after  the  entry  into  force  of  this
Convention  in  the  State  of  origin  and,  where  recognition  or
enforcement of a judgment or authentic instrument is sought,
in  the  State  addressed.
2. However,  as  between  the  State  of  origin  and  the  State
addressed,  judgments  given  after  the  date  of  entry  into  force
of  this  Convention  in  proceedings  instituted  before  that  date
shall  be  recognized  and  enforced  in  accordance  with  the
provisions  of  Title  III  of  the  1968  Convention,  as  amended
by  the  1978  Convention,  and  by  this  Convention 
if
jurisdiction was founded upon rules which accorded with the
provisions of Title II, as amended by the 1968 Convention or
with provisions of a convention concluded between the State
of  origin  and  the  State  addressed  which  was  in  force  when
the  proceedings  were  instituted.’

Title  VI  of  the  1989  Accession  Convention  contains  the
following  transitional  provisions:

‘Article  29
1.
The  1968  Convention  and  the  1971  Protocol,  as
amended by the 1978 Convention, the 1982 Convention and
this  Convention,  shall  apply  only  to  legal  proceedings
instituted and to authentic instruments formally drawn up or
registered after the entry into force of this Convention in the
State  of  origin  and,  where  recognition  or  enforcement  of  a
judgment  or  authentic  instrument  is  sought,  in  the  State
addressed.
2. 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  Title  III  of  the  1968  Convention,  as  amended
by  the  1978  Convention,  the  1982  Convention  and  this
Convention,  if  jurisdiction  was  founded  upon  rules  which
accorded  with  the  provisions  of  Title  II  of  the  1968
Convention,  as  amended,  or  with  the  provisions  of  a
convention  which  was  in  force  between  the  State  of  origin
the  proceedings  were
and 
instituted.’
Title  V  of  the  1996  Accession  Convention  contains  the
following  transitional  provisions:

the  State  addressed  when 

‘Article  13
The  1968  Convention  and  the  1971  Protocol,  as
1.
amended by the 1978 Convention, the 1982 Convention, the
1989 Convention and by this Convention, shall apply only to
legal  proceedings  instituted  and  to  authentic  instruments
formally  drawn  up  or  registered  after  the  entry  into  force  of
this Convention in the State of origin and, where recognition
or  enforcement  of  a  judgment  or  authentic  instrument  is
sought,  in  the  State  addressed.
2. 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  Title  III  of  the  1968  Convention,  as  amended
by  the  1978  Convention,  the  1982  Convention,  the  1989
Convention and this Convention, if jurisdiction was founded
upon rules which accorded with the provisions of Title II, as
amended, of the 1968 Convention, or with the provisions of
a  convention  which  was  in  force  between  the  State  of  origin
and 
the  proceedings  were
instituted.’

the  State  addressed  when 

(2) This  paragraph  replaces  Article  35  of  Title  V  of  the  1978
Accession  Convention  which  was  extended  to  the  Hellenic
Republic by Article 1 (2) of the 1982 Accession Convention.
Article  28  of  the  1989  Accession  Convention  provided  for
the  deletion  of  both  these  provisions.

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Article  54a (1)

For  a  period  of  three  years  from  1  November  1986  for
Denmark  and  from  1  June  1988  for  Ireland,  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
6  following.  However,  upon  the  entry  into  force  of  the
International  Convention  relating 
the  arrest  of
sea-going  ships,  signed  at  Brussels  on  10  May  1952,  for
one  of  these  States,  those  provisions  shall  cease  to  have
effect  for  that  State.

to 

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)

the  claim 
hypothecation  of  the  ship  arrested.

in  respect  of  a  mortgage  or

is 

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;

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

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

(1) Article  added  by  Article  17  of 

the  1989  Accession
Convention.  It  corresponds  to  Article  36  of  Title  V  of  the
1978  Accession  Convention  which  was  extended  to  the
Hellenic  Republic  by  Article  1  (2)  of  the  1982  Accession
Convention.  Article  28  of  the  1989  Accession  Convention
provided  for  the  deletion  of  both  these  provisions.

(k) goods  or  materials  wherever  supplied  to  a  ship

for  her  operation  or  maintenance;

(l)

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

(m) wages  of  masters,  officers  or  crew;

(n) mater’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;

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(q)

the  mortgage  or  hypothecation  of  any  ship.

6.

In  Denmark,  the  expression  ‘arrest’  shall  be  deemed
as regards the maritime claims referred to in 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).

TITLE  VII

RELATIONSHIP  TO  OTHER  CONVENTIONS

Article  55

Subject  to  the  provisions  of  the  second  subparagraph  of
Article  54,  and  of  Article  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  Belgium  and  France  on
jurisdiction  and  the  validity  and  enforcement  of
judgments, 
authentic
instruments,  signed  at  Paris  on  8  July  1899,

arbitration 

awards 

and 

— the Convention between Belgium and the Netherlands
on  jurisdiction,  bankruptcy,  and  the  validity  and
enforcement  of  judgments,  arbitration  awards  and
authentic instruments, signed at Brussels on 28 March
1925,

— the  Convention  between  France  and  Italy  on  the
enforcement  of  judgments  in  civil  and  commercial
matters,  signed  at  Rome  on  3  June  1930,

— the Convention between the United Kingdom and the
French  Republic  providing 
reciprocal
enforcement  of  judgments  in  civil  and  commercial
matters,  with  Protocol,  signed  at  Paris  on  18  January
1934 (1),

the 

for 

— the Convention between the United Kingdom and the
Kingdom  of  Belgium  providing  for  the  reciprocal
enforcement  of  judgments  in  civil  and  commecial
matters,  with  Protocol,  signed  at  Brussels  on  2  May
1934 (1),

— the  Convention  between  Germany  and  Italy  on  the
recognition and enforcement of judgments in civil and
commercial  matters,  signed  at  Rome  on  9  March
1936,

— the Convention between the Kingdom of Belgium and
Austria on the reciprocal recognition and enforcement
of  judgments  and  authentic  instruments  relating  to
maintenance  obligations, 
signed  at  Vienna  on
25  October  1957 (2),

— the  Convention  between  the  Federal  Republic  of
Germany and the Kingdom of Belgium on the mutual
recognition and enforcement of judgments, arbitration
awards  and  authentic 
in  civil  and
commercial  matters,  signed  at  Bonn  on  30  June
1958,

instruments 

— the  Convention  between 

the
Netherlands  and 
the
recognition and enforcement of judgments in civil and
commercial  matters,  signed  at  Rome  on  17  April
1959,

the  Kingdom  of 
Italian  Republic  on 

the 

— the  Convention  between  the  Federal  Republic  of
Germany  and  Austria  on  the  reciprocal  recognition
judgments,  settlements  and
and  enforcement  of 
authentic instruments in civil and commercial matters,
signed  at  Vienna  on  6  June  1959 (3),

— the Convention between the Kingdom of Belgium and
Austria on the reciprocal recognition and enforcement
judgments,  arbitral  awards  and  authentic
of 
instruments in civil and commercial matters, signed at
Vienna  on  16  June  1959 (3),

— the Convention between the United Kingdom and the
Federal  Republic  of  Germany  for  the  reciprocal
recognition and enforcement of judgments in civil and
commercial  matters,  signed  at  Bonn  on  14  July
1960 (4),

— 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 (3),

— the  Convention  between  the  Kingdom  of  Greece  and
the  Federal  Republic  of  Germany  for  the  reciprocal
recognition 
judgments,
settlements  and  authentic  instruments  in  civil  and
commercial matters, signed in Athens on 4 November
1961 (5),

enforcement 

and 

of 

Italian  Republic  on 

— the Convention between the Kingdom of Belgium and
recognition  and
the 
enforcement  of 
judgments  and  other  enforceable
instruments in civil and commercial matters, signed at
Rome  on  6  April  1962,

the 

— the  Convention  between 

the  Kingdom  of 

the
Netherlands and the Federal Republic of Germany on
the mutual recognition and enforcement of judgments
and  other  enforceable 
in  civil  and
commercial  matters,  signed  at  The  Hague  on
30  August  1962,

instruments 

— the  Convention  between 

the  Kingdom  of 

the
Netherlands and Austria on the reciprocal recognition
and 
judgments  and  authentic
instruments in civil and commercial matters, signed at
The  Hague  on  6  February  1963 (3),

enforcement  of 

(3) Indent  added  by  Article  7  of 

the  1996  Accession

Convention.

(1) Indent  added  by  Article  24  of 

the  1978  Accession

(4) Indent  added  by  Article  24  of 

the  1978  Accession

Convention.

Convention.

(2) Indent  added  by  Article  7  of 

the  1996  Accession

(5) Indent  added  by  Article  8  of 

the  1982  Accession

Convention.

Convention.

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— 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 (1),

— the Convention between the United Kingdom and the
Republic  of  Italy  for  the  reciprocal  recognition  and
enforcement  of  judgments  in  civil  and  commercial
matters,  signed  at  Rome  on  7  February  1964,  with
amending  Protocol  signed  at  Rome  on  14  July
1970 (2),

— the Convention between the United Kingdom and the
Kingdom  of  the  Netherlands  providing  for  the
reciprocal  recognition  and  enforcement  of  judgments
in civil matters, signed at The Hague on 17 November
1967 (2),

— the  Convention  between  Spain  and  France  on  the
recognition  and  enforcement  of  judgment  arbitration
awards  in  civil  and  commercial  matters,  signed  at
Paris  on  28  May  1969 (3),

— the  Convention  between  Luxembourg  and  Austria  on
the  recognition  and  enforcement  of  judgments  aud
authentic instruments in civil and commercial matters,
signed  at  Luxembourg  on  29  July  1971 (1),

— the  Convention  between  Italy  and  Austria  on  the
recognition and enforcement of judgments in civil and
commercial  matters,  of  judicial  settlements  and  of
authentic 
on
16  November  1971 (1),

instruments, 

at  Rome 

signed 

— the  Convention  between  Spain  and  Italy  regarding
legal  aid  and  the  recognition  and  enforcement  of
judgments  in  civil  and  commercial  matters,  signed  at
Madrid  on  22  May  1973 (3),

— the  Convention  between  Finland,  Iceland,  Norway,
Sweden  and  Denmark  on 
the  recognition  and
enforcement  of  judgments  in  civil  matters,  signed  at
Copenhagen  on  11  October  1977 (1),

— the  Convention  between  Austria  and  Sweden  on  the
recognition  and  enforcement  of  judgments  in  civil
matters,  signed  at  Stockholm  on  16  September
1982 (1),

— the  Convention  between  Spain  and  the  Federal
the  recognition  and
Republic  of  Germany  on 
and
enforcement 
enforceable  authentic 
in  civil  and
commercial matters, signed at Bonn on 14 November
1983 (3),

instruments 

settlements 

judgments, 

of 

— the  Convention  between  Austria  and  Spain  on  the
judgments,
recognition 
settlements  and  enforceable  authentic  instruments  in

enforcement 

and 

of 

(1) Indent  added  by  Article  7  of 

the  1996  Accession

Convention.

(2) Indent  added  by  Article  24  of 

the  1978  Accession

Convention.

(3) Indent  added  by  Article  18  of 

the  1989  Accession

Convention.

civil  and  commercial  matters,  signed  at  Vienna  on
17  February  1984 (1),

— the  Convention  between  Finland  and  Austria  on  the
recognition  and  enforcement  of  judgments  in  civil
matters,  signed  at  Vienna  on  17  November  1986 (1),

and,  in  so  far  as  it  is  in  force:

— the  Treaty  between  Belgium,  the  Netherlands  and
Luxembourg  in  jurisdiction,  bankruptcy,  and  the
validity  and  enforcement  of  judgments,  arbitration
awards  and  authentic  instruments,  signed  at  Brussels
on  24  November  1961.

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

1.
This Convention shall not affect any conventions to
which  the  Contracting  States  are  or  will  be  parties  and
to  particular  matters,  govern
which 
jurisdiction  or 
the  recognition  or  enforcement  of
judgments (4).

relation 

in 

2. With  a  view 
paragraph  1  shall  be  applied  in  the  following  manner:

its  uniform 

interpretation,

to 

(a)

this  Convention  shall  not  prevent  a  court  of  a
Contracting  State  which  is  a  party  to  a  convention
on  a  particular  matter  from  assuming  jurisdiction  in
accordance  with  that  Convention,  even  where  the
defendant  is  domiciled  in  another  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;

(b)

judgments given in a Contracting State by a court in
in  a
the  exercise  of 

jurisdiction  provided  for 

(4) First  paragraph  as  amended  by  Article  25  (1)  of  the  1978
Accession  Convention  and  by  Article  19  of  the  1989
Accession  Convention.

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convention on a particular matter shall be recognized
and  enforced  in  the  other  Contracting  State  in
accordance  with  this  Convention.

Where  a  convention  on  a  particular  matter  to  which
both  the  State  of  origin  and  the  State  addressed  are
parties  lays  down  conditions  for  the  recognition  or
enforcement  of  judgments,  those  conditions  shall
this
apply. 
Convention  which  concern 
for
recognition  and  enforcement  of  judgments  may  be
applied (1).

the  provisions  of 
the  procedure 

In  any  event, 

This  Convention  shall  not  affect  the  application  of
3.
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  or  in
national  laws  harmonized  in  implementation  of  such
acts (2).

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.

the  action 

is  brought 

if 
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 (4).

Article  58 (3)

judgments 

Until such time as the Convention on jurisdiction and the
enforcement  of 
in  civil  and  commercial
matters,  signed  at  Lugano  on  16  September  1988,  takes
effect with regard to France and the Swiss Confederation,
this  Convention  shall  not  affect  the  rights  granted  to
Swiss  nationals  by  the  Convention  between  France  and
the  Swiss  Confederation  on  jurisdiction  and  enforcement
of  judgments  in  civil  matters,  signed  at  Paris  on  15  June
1869.

. . . (5).

TITLE  VIII

FINAL  PROVISIONS

Article  60

Article  61 (6)

Article  59

to  recognize 

This  Convention  shall  not  prevent  a  Contracting  State
from  assuming,  in  a  convention  on  the  recognition  and
enforcement  of  judgments,  an  obligation  towards  a  third
State  not 
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.

judgments  given 

(1) Paragraph  2  added  by  Article  19  of  the  1989  Accession
Convention. This paragraph corresponds to Article 25 (2) of
the  1978  Accession  Convention  which  was  extended  to  the
Hellenic  Republic  by  Article  1  (2)  of  the  1982  Accession
Convention.  Article  28  of  the  1989  Accession  Convention
provided  for  the  deletion  of  both  these  provisions.

(2) Paragraph  added  by  Article  25  (1)  of  the  1978  Accession

Convention.

(3) Text  as  amended  by  Article  20  of  the  1989  Accession

Convention.

This  Convention  shall  be  ratified  by  the  signatory  States.
The  instruments  of  ratification  shall  be  deposited  with
the  Secretary-General  of  the  Council  of  the  European
Communities.

(4) Second  subparagraph  added  by  Article  26  of  the  1978

Accession  Convention.

(5) Article 21 of the 1989 Accession Convention provides for the
deletion  of  Article  60  as  amended  by  Article  27  of  the  1978
Convention.

(6) Ratification  of  the  1978  and  1982  Accession  Conventions
was  governed  by  Articles  38  and  14  of  those  Conventions.
The  ratification  of  the  1989  Accession  Convention 
is
governed  by  Article  31  of  that  Convention,  which  reads  as
follows:
‘Article  31
This Convention shall be ratified by the signatory States. The
instruments  of  ratification  shall  be  deposited  with  the
Secretary-General  of 
the  European
Communities.’

the  Council  of 

The  ratification  of  the  1996  Accession  Convention 
is
governed  by  Article  15  of  that  Convention,  which  reads  as
follows:
‘Article  15
This Convention shall be ratified by the signatory States. The
instruments  of  ratification  shall  be  deposited  with  the
Secretary-General  of  the  Council  of  the  European  Union.’

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Article  62 (1)

(b)

the  date  of  entry  into  force  of  this  Convention;

This Convention shall enter into force on the first day of
the  third  month  following  the  deposit  of  the  instrument
of  ratification  by  the  last  signatory  State  to  take  this
step.

Article  63

The  Contracting  States  recognize  that  any  State  which
becomes  a  member  of 
the  European  Economic
Community  shall  be  required  to  accept  this  Convention
as  a  basis  for  the  negotiations  between  the  Contracting
States  and 
the
implementation  of  the  last  paragraph  of  Article  220  of
the  Treaty 
the  European  Economic
Community.

that  State  necessary 

establishing 

ensure 

to 

The necessary adjustments may be the subject of a special
convention  between  the  Contracting  States  of  the  one
part  and  the  new  Member  States  of  the  other  part.

Article  64 (2)

(c)

. . . (3);

(d) any declaration received pursuant to Article IV of the

Protocol;

(e) any  communication  made  pursuant  to  Article  VI  of

the  Protocol.

Article  65

The  Protocol  annexed  to  this  Convention  by  common
accord  of  the  Contracting  States  shall  form  an  integral
part  thereof.

Article  66

This  Convention  is  concluded  for  an  unlimited  period.

Article  67

Any  Contracting  State  may  request  the  revision  of  this
Convention.  In  this  event,  a  revision  conference  shall  be
convened by the President of the Council of the European
Communities.

The  Secretary-General  of  the  Council  of  the  European
Communities  shall  notify  the  signatory  States  of:

Article  68 (4)

(a)

the  deposit  of  each  instrument  of  ratification;

This  Convention,  drawn  up  in  a  single  original  in  the
Dutch,  French,  German  and  Italian  languages,  all  four

(1) The  entry  into  force  of  the  1978  and  1982  Accession
Convention  was  governed  by  Articles  39  and  15  of  those
Conventions.
The  entry  into  force  of  the  1989  Accession  Convention  is
governed  by  Article  32  of  that  Convention,  which  reads  as
follows:
‘Article  32
1.
This  Convention  shall  enter  into  force  on  the  first  day
of  the  third  month  following  the  date  on  which  two
signatory States, of which one is the Kingdom of Spain or the
Portuguese  Republic, 
of
deposit 
ratification.
2.
This  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.’

instruments 

their 

The  entry  into  force  of  the  1996  Accession  Convention  is
governed  by  Article  16  of  that  Convention,  which  reads  as
follows:
‘Article  16
1.
This  Convention  shall  enter  into  force  on  the  first  day
of  the  third  month  following  the  date  on  which  two
signatory States, one of which is the Republic of Austria, the
Republic of Finland or the Kingdom of Sweden, deposit their
instruments  of  ratification.
2.
This  Convention  shall  produce  its  effects  for  any  other
signatory State on the first day of the third month following
the  deposit  of  its  instrument  of  ratification.’.

(2) Notification  concerning  the  1978  and  1982  Accession
Conventions  is  governed  by  Articles  40  and  16  of  those
Conventions.

Notification  concerning  the  1989  Accession  Convention  is
governed  by  Article  33  of  that  Convention,  which  reads  as
follows:
‘Article  33
The  Secretary-General  of  the  Council  of  the  European
Communities  shall  notify  the  signatory  States  of:
(a)
(b)

the  deposit  of  each  instrument  of  ratification;
the  dates  of  entry  into  force  of  this  Convention  for  the
Contracting  States.’

Notification  concerning  the  1996  Accession  Convention  is
governed  by  Article  17  of  that  Convention,  which  reads  as
follows:
‘Article  17
The Secretary-General of the Council of the European Union
shall  notify  the  signatory  States  of:
(a)
(b)

the  deposit  of  each  instrument  of  ratification;
the  dates  of  entry  into  force  of  this  Convention  for  the
Contracting  States.’

(3) Article 22 of the 1989 Accession Convention provides for the
deletion  of  letter  (c)  as  amended  by  Article  28  of  the  1978
Accession  Convention.

(4) An  indication  of  the  authentic  texts  of  the  Accession
Conventions  is  to  be  found  in  the  following  provisions:

— with  regard  to  the  1978  Accession  Convention,  in
Article  41  of  that  Convention,  which  reads  as  follows:
‘Article  41
This  Convention,  drawn  up  in  a  single  original  in  the
Danish, Dutch, English, French, German, Irish and Italian
languages, all seven texts being equally authentic, shall be

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texts  being  equally  authentic,  shall  be  deposited  in  the
archives of the Secretariat of the Council of the European
Communities.  The  Secretary-General  shall  transmit  a
certified  copy  to  the  Government  of  each  signatory
State (1).

deposited in the archives of the Secretariat of the Council
of  the  European  Communities.  The  Secretary-General
shall transmit a certified copy to the Government of each
signatory State.’,

— with  regard  to  the  1982  Accession  Convention,  in
Article  17  of  that  Convention,  which  reads  as  follows:
‘Article  17
This  Convention,  drawn  up  in  a  single  original  in  the
Danish, Dutch, English, French, German, Greek, Irish and
Italian  languages,  all  eight  texts  being  equally  authentic,
shall  be  deposited 
in  the  archives  of  the  General
Secretariat  of  the  Council  of  the  European  Communities.
The  Secretary-General  shall  transmit  a  certified  copy  to
the  Government  of  each  signatory  State.’,

— with  regard  to  the  1989  Accession  Convention,  in
Article  34  of  that  Convention,  which  reads  as  follows:
‘Article  34
This  Convention,  drawn  up  in  a  single  original  in  the
Danish,  Dutch,  English,  French,  German,  Greek,  Irish,
Italian,  Portuguese  and  Spanish  languages,  all  10  texts
being equally authentic, shall be deposited in the archives
of the General Secretariat of the Council of the European
Communities.  The  Secretary-General  shall  transmit  a
certified  copy  to  the  Government  of  each  signatory
State.’,

— with  regard  to  the  1996  Accession  Convention,  in
Article  18  of  that  Convention,  which  reads  as  follows:
‘Article  18
This  Convention,  drawn  up  in  a  single  original  in  the
Danish,  Dutch,  English,  Finnish,  French,  German,  Greek,
Irish, Italian, Portuguese, Spanish and Swedish languages,
all  12  texts  being  equally  authentic,  shall  be  deposited  in
the  archives  of  the  General  Secretariat  of  the  Council  of
the European Union. The Secretary-General shall transmit
a  certified  copy  to  the  Government  of  each  signatory
State.’

(1) Legal  backing  for  the  drawing-up  of  the  authentic  texts  of
the 1968 Convention in the official languages of the acceding
Member  States  is  to  be  found:

— with  regard  to  the  1982  Accession  Convention,  in
Article  13  of  that  Convention,  which  reads  as  follows:

‘Article  13
The  Secretary-General  of  the  Council  of  the  European
Communities  shall  transmit  a  certified  copy  of  the  1968
Convention,  of  the  1971  Protocol  and  of  the  1978
in  the  Danish,  Dutch,  English,  French,
Convention 
German, Irish and Italian languages to the Government of
the  Hellenic  Republic.

The  texts  of  the  1968  Convention,  of  the  1971  Protocol
and  of  the  1978  Convention,  drawn  up  in  the  Greek
language,  shall  be  annexed  to  this  Convention.  The  texts
drawn up in the Greek language shall be authentic under
the  same  conditions  as  the  other  texts  of  the  1968
Convention, 
the  1978
the  1971  Protocol  and 
Convention.’

— with  regard  to  the  1989  Accession  Convention,  in
Article  30  of  that  Convention,  which  reads  as  follows:

the  Council  of 

The  Secretary-General  of 

‘Article  30
1.
the
European  Communities  shall  transmit  a  certified  copy  of
the  1968  Convention,  of  the  1971  Protocol,  of  the  1978
Convention  and  of  the  1982  Convention  in  the  Danish,
Dutch,  English,  French,  German,  Greek,  Irish  and  Italian
languages  to  the  Governments  of  the  Kingdom  of  Spain
and  of  the  Portuguese  Republic.

2.
The  texts  of  the  1968  Convention,  of  the  1971
Protocol,  of  the  1978  Convention  and  of  the  1982
Convention,  drawn  up  in  the  Portuguese  and  Spanish
languages, are set out in Annexes II, III, IV and V to this
Convention.  The  texts  drawn  up  in  the  Portuguese  and
Spanish  languages  shall  be  authentic  under  the  same
conditions as the other texts of the 1968 Convention, the
1971  Protocol,  the  1978  Convention  and  the  1982
Convention.’

— with  regard  to  the  1996  Accession  Convention,  in
Article  14  of  that  Convention,  which  reads  as  follows:

— with  regard  to  the  1978  Accession  Convention,  in
Article  37  of  that  Convention,  which  reads  as  follows:
‘Article  37
The  Secretary-General  of  the  Council  of  the  European
Communities  shall  transmit  a  certified  copy  of  the  1968
Convention  and  of  the  1971  Protocol  in  the  Dutch,
French,  German 
the
Governments  of  the  Kingdom  of  Denmark,  Ireland  and
the  United  Kingdom  of  Great  Britain  and  Northern
Ireland.
The texts of the 1968 Convention and the 1971 Protocol,
drawn  up  in  the  Danish,  English  and  Irish  languages,
shall be annexed to this Convention. The texts drawn up
in  the  Danish,  English  and  Irish  languages  shall  be
authentic  under  the  same  conditions  as  the  original  texts
of  the  1968  Convention  and  the  1971  Protocol.’

languages 

Italian 

and 

to 

the  Council  of 

The  Secretary-General  of 

‘Article  14
1.
the
European  Union  shall  transmit  a  certified  copy  of  the
1968  Convention,  of  the  1971  Protocol,  of  the  1978
Convention,  of  the  1982  Convention  and  of  the  1989
Convention 
in  the  Danish,  Dutch,  English,  French,
German,  Greek,  Irish,  Italian,  Spanish  and  Portuguese
languages to the Governments of the Republic of Austria,
the  Republic  of  Finland  and  the  Kingdom  of  Sweden.

The  texts  of  the  1968  Convention,  of  the  1971
2.
Protocol,  of 
the  1982
the  1978  Convention,  of 
Convention  and  of  the  1989  Convention,  drawn  up  in
the  Finnish  and  Swedish  languages,  shall  be  authentic
under  the  same  conditions  as  the  other  texts  of  the  1968
Convention, the 1971 Protocol, the 1978 Convention, the
1982  Convention  and  the  1989  Convention.’

26.  1.  98

EN

Official  Journal  of  the  European  Communities

C 27/23

In  witness  whereof,  the  undersigned  Plenipotentiaries  have  affixed  their  signatures  below  this
Convention.

[Signatures  of  the  designated  plenipotentiaries (1)]

(1) The 1978, 1982 and 1989 Accession Conventions were signed by the respective Plenipotentiaries of the
Member States. The signature of the Plenipotentiary of the Kingdom of Denmark to the 1989 Accession
Convention  is  accompanied  by  the  following  text:
‘Subject to the right to table a territorial reservation concerning the Faroes and Greenland in connection
with ratification, but with the possibility of subsequently extending the Convention to cover the Faroes
and  Greenland.’

C 27/24

EN

Official  Journal  of  the  European  Communities

26.  1.  98

PROTOCOL (1)

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 
it  has  no
jurisdiction.

its  own  motion  that 

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

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.

However,  the  court  seised  of  the  matter  may  order
appearance  in  person;  in  the  case  of  failure  to  appear,  a
judgment  given  in  the  civil  action  without  the  person
concerned  having  had  the  opportunity  to  arrange  for  his
defence  need  not  be  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.

Unless  the  State  in  which  service  is  to  take  place  objects
by declaration to the Secretary-General of the Council of
the European Communities, such documents may also be
sent  by  the  appropriate  public  officers  of  the  State  in
which  the  document  has  been  drawn  up  directly  to  the
appropriate  public  officers  of  the  State  in  which  the
addressee  is  to  be  found.  In  this  case  the  officer  of  the
State  of  origin  shall  send  a  copy  of  the  document  to  the
officer  of  the  State  applied  to  who  is  competent  to
forward  it  to  the  addressee.  The  document  shall  be
forwarded in the manner specified by the law of the State
applied  to.  The  forwarding  shall  be  recorded  by  a
certificate  sent  directly  to  the  officer  of  the  State  of
origin.

Article  V (2)

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  or  in  Austria.  Any  person
domiciled  in  another  Contracting  State  may  be  sued  in
the  courts:

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

— of  Austria,  pursuant  to  Article  21  of  the  code  of  civil
concerning

(Zivilprozessordnung) 

procedure 
third-party  notices.

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  and  in  Austria  in
accordance  with  Title  III.  Any  effects  which  judgments
given  in  those  States  may  have  on  third  parties  by
application of the provisions in the preceeding paragraph
shall  also  be  recognized  in  the  other  Contracting  States.

Article  Va (3)

Article  IV

In matters relating to maintenance, the expression ‘court’
includes  the  Danish  administrative  authorities.

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

laid  down 

transmitted 

In Sweden, in summary proceedings concerning orders to
pay 
(band-
(betalningsföreläggande)  and  assistance 
räckning),  the  expression  ‘court’  includes  the  ‘Swedish
enforcement  service’  (kronofogdemyndighet).

(2) Article  amended  by  Article  8  of  the  1996  Accession

Convention.

(1) Text  as  amended  by  the  1978  Accession  Convention,  the
the  1989  Accession

1982  Accession  Convention  and 
Convention

(3) Article  added  by  Article  29  of 

the  1978  Accession
Convention and amended by Article 9 of the 1996 Accession
Convention.

26.  1.  98

EN

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C 27/25

Article  Vb (1)

Article  Vd (3)

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  or  in  Portugal,
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.

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  provisions  of
Article 86 of the Convention for the European patent for
the  common  market, 
signed  at  Luxembourg  on
15  December  1975.

Article  Ve (4)

Article  Vc (2)

relating 

to  maintenance  obligations
Arrangements 
concluded  with 
or
authenticated by them shall also be regarded as authentic
instruments  within  the  meaning  of  the  first  paragraph  of
Article  50  of  the  Convention.

administrative 

authorities 

Article 52 and 53 of this Convention shall, when applied
by  Article  69  (5)  of  the  Convention  for  the  European
patent for the common market, signed at Luxembourg on
15  December  1975,  to  the  provisions  relating  to
‘residence’ in the English text of that Convention, operate
as if ‘residence’ in that text were the same as ‘domicile’ in
Articles  52  and  53.

The  Contracting  States  shall  communicate 
the
Secretary-General  of  the  Council  of  the  European
Communities  the  text  of  any  provisions  of  their  laws
which amend either those articles of their laws mentioned
in  the  Convention  or  the  lists  of  courts  specified  in
Section  2  of  Title  III  of  the  Convention.

to 

Article  VI

In  witness  whereof,  the  undersigned  Plenipotentiaries  have  affixed  their  signatures  below  this
Protocol.

Done  at  Brussels  on  the  twenty-seventh  day  of  September  in  the  year  one  thousand  nine
hundred  and  sixty-eight.

[Signatures  of  the  designated  plenipotentiaries]

(1) Article  added  by  Article  29  of 

the  1978  Accession
Convention,  amended  by  Article  9  of  the  1982  Accession
Convention  and  by  Article  23  of  the  1989  Accession
Convention.

(3) Article  added  by  Article  29  of 

the  1978  Accession

Convention.

(2) Article  added  by  Article  29  of 

the  1978  Accession

(4) Article  added  by  Article  10  of 

the  1996  Accession

Convention.

Convention.

C 27/26

EN

Official  Journal  of  the  European  Communities

26.  1.  98

JOINT  DECLARATION

The  Government  of  the  Kingdom  of  Belgium,  the  Federael  Republic  of  Germany,  the  French
Republic,  the  Italian  Republic,  the  Grand  Duchy  of  Luxembourg  and  the  Kingdom  of  the
Netherlands,

On  signing  the  Convention  on  jurisdiction  and  the  enforcement  of  judgments  in  civil  and
commercial matters,

Desiring  to  ensure  that  the  Convention  is  applied  as  effectively  as  possible,

Anxious  to  prevent  differences  of  interpretation  of  the  Convention  from  impairing  its  unifying
effect,

Recognizing  that  claims  and  disclaimers  of  jurisdiction  may  arise  in  the  application  of  the
Convention,

Declare  themselves  ready:

1.

to  study  these  questions  and  in  particular  to  examine  the  possibility  of  conferring
jurisdiction in certain matters on the Court of Justice of the European Communities and, if
necessary,  to  negotiate  an  agreement  to  this  effect;

2.

to  arrange  meetings  at  regular  intervals  between  their  representatives.

In  witness  whereof,  the  undersigned  Plenipotentiaries  have  affixed  their  signatures  below  this
Joint  Declaration.

Done  at  Brussels  on  the  twenty-seventh  day  of  September  in  the  year  one  thousand  nine
hundred  and  sixty-eight.

[Signatures  of  the  plenipotentiaries]

26.  1.  98

EN

Official  Journal  of  the  European  Communities

C 27/27

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

AWARE  of the importance of having available provisions on jurisdiction for cases where, in the
framework of the provision of services, workers are posted in a Member State other than that in
which  their  work  is  normally  performed;

NOTE  that  on  3  June  1996  the  Council  adopted  a  common  position  on  the  amended  proposal
for a directive concerning the posting of workers in the framework of the provision of services,
which  is  being  examined  by  the  European  Parliament  under  the  procedure  set  out  in
Article  189b  of  the  Treaty;

UNDERTAKE  to  examine  whether  the  Brussels  and  Lugano  Conventions  need  to  be  amended
with a view to ensuring the protection of workers in the provision of services context following
the Council’s adoption of the Directive concerning the posting of workers in the framework of
the  provision  of  services.

C 27/28

EN

Official  Journal  of  the  European  Communities

26.  1.  98

PROTOCOL

on  the  interpretation  by  the  Court  of  Justice  of  the  Convention  of  27  September  1968  on
jurisdiction  and  the  enforcement  of  judgments  in  civil  and  commercial  matters (1)

THE  HIGH  CONTRACTING  PARTIES  TO  THE  TREATY  ESTABLISHING  THE  EUROPEAN
ECONOMIC  COMMUNITY,

Having  regard  to  the  Declaration  annexed  to  the  Convention  on  jurisdiction  and  the  enforcement  of
judgments  in  civil  and  commercial  matters,  signed  at  Brussels  on  27  September  1968,

Have  decided  to  conclude  a  Protocol  conferring  jurisdiction  on  the  Court  of  Justice  of  the  European
Communities  to  interpret  that  Convention,  and  to  this  end  have  designated  as  their  Plenipotentiaries:

[List  of  the  plenipotentiaries  designated  by  the  Member  States]

WHO,  meeting  within  the  Council,  having  exchanged  their  full  powers,  found  in  good  and  due  form,

HAVE  AGREED  AS  FOLLOWS:

Article  1

Republic to the Convention of 27 September 1968 and to
this  Protocol,  as  adjusted  by  the  1978  Convention (3).

The  Court  of  Justice  of  the  European  Communities  shall
have  jurisdiction  to  give  rulings  on  the  interpretation  of
the  Convention  on  jurisdiction  and  the  enforcement  of
judgments  in  civil  and  commercial  matters  and  of  the
Protocol  annexed  to  that  Convention,  signed  at  Brussels
on  27  September  1968,  and  also  on  the  interpretation  of
the  present  Protocol.

The  Court  of  Justice  of  the  European  Communities  shall
also have jurisdiction to give rulings on the interpretation
of  the  Convention  on  the  accession  of  the  Kingdom  of
Denmark,  Ireland  and  the  United  Kingdom  of  Great
Britain  and  Northern  Ireland  to  the  Convention  of
27  September  1968  and  to  this  Protocol (2).

The  Court  of  Justice  of  the  European  Communities  shall
also have jurisdiction to give rulings on the interpretation
of  the  Convention  on  the  accession  of  the  Hellenic

(1) Text  as  amended  by  the  Convention  of  9  October  1978  on
the  accession  of  the  Kingdom  of  Denmark,  Ireland  and  the
United  Kingdom  of  Great  Britain  and  Northern  Ireland  —
hereafter  referred  to  as  the  ‘1978  Accession  Convention’  —
by  the  Convention  of  25  October  1982  on  the  accession  of
the  Hellenic  Republic  —  hereafter  referred  to  as  the  ‘1982
Accession  Convention’,  and  by  the  Convention  of  26  May
1989  on  the  accession  of  the  Kingdom  of  Spain  and  the
Portuguese  Republic  —  hereafter  referred  to  as  the  ‘1989
Accession  Convention’  —  and  by  the  Convention  of
29  November  1996  on  the  Accession  of  the  Republic  of
Austria, the Republic of Finland and the Kingdom of Sweden
—  hereafter  referred  to  as  the  ‘1996  Accession  Convention’.
(2) Second paragraph added by Article 30 of the 1978 Accession

The  Court  of  Justice  of  the  European  Communities  shall
also have jurisdiction to give rulings on the interpretation
of  the  Convention  on  the  accession  of  the  Kingdom  of
Spain  and  the  Portuguese  Republic  to  the  Convention  of
27  September  1968  and  to  this  Protocol,  as  adjusted  by
the  1978  Convention  and  the  1982  Convention (4).

The  Court  of  Justice  of  the  European  Communities  shall
also have jurisdiction to give rulings on the interpretation
of  the  Convention  on  the  accession  of  the  Republic  of
Austria,  the  Republic  of  Finland  and  the  Kingdom  of
Sweden  to  the  Convention  of  27  September  1968  and  to
this  Protocol,  as  adjusted  by  the  1978  Convention,  the
1982  Convention  and  the  1989  Convention (5).

Article  2

The following courts may request the Court of Justice to
give  preliminary  rulings  on  questions  of  interpretation:

1. — in Belgium: ‘la Cour de Cassation’ — ‘het Hof van
Cassatie’  and  ‘le  Conseil  d’État’  —  ‘de  Raad  van
State’,

(3) Third  paragraph  added  by  Article  10  of  the  1982  Accession

Convention.

(4) Fourth paragraph added by Article 24 of the 1989 Accession

Convention.

(5) Fifth  paragraph  added  by  Article  11  of  the  1996  Accession

Convention.

Convention.

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C 27/29

— in  Denmark:  ‘højesteret’,

— in the Federal Republic of Germany: ‘die obersten

Gerichtshöfe  des  Bundes’,

— in  Greece:  the  ‘Æνω(cid:139) (cid:244)Æ(cid:244)Æ  (cid:228)ØκÆ(cid:243)(cid:244)η(cid:139) ρØÆ’,

— in  Spain:  ‘el  Tribunal  Supremo’,

— in  France:  ‘la  Cour  de  Cassation’  and  ‘le  Conseil

d’État’,

— in  Ireland:  the  Supreme  Court,

— in  Italy:  ‘la  Corte  Suprema  di  Cassazione’,

— in  Luxembourg:  ‘la  Cour  supérieure  de  Justice’

when  sitting  as  ‘Cour  de  Cassation’,

— in  Austria, 

the 
‘Verwaltungsgerichtshof’  and  the 
gerichtshof’,

‘Oberste  Gerichtshof’, 

the
‘Verfassungs-

— in  the  Netherlands:  ‘de  Hoge  Raad’,

— in  Portugal:  ‘o  Supremo  Tribunal  de  Justiça’  and

‘o  Supremo  Tribunal  Administrativo’,

— in Finland, ‘korkein oikeus/högsta domstolen’ and
förvaltnings-
hallintooikeus/högsta 

‘korkein 
domstolen’,

— in  Sweden,  ‘Högsta  domstolen’,  ‘Regeringsrätten’,
‘Arbetsdomstolen’  and  ‘Marknadsdomstolen’,

— in  the  United  Kingdom:  the  House  of  Lords  and
courts  to  which  application  has  been  made  under
the  second  paragraph  of  Article  37  or  under
Article  41  of  the  Convention (1);

2.

3.

the  courts  of  the  Contracting  States  when  they  are
sitting  in  an  appellate  capacity;

in  the  cases  provided  for  in  Article  37  of  the
Convention,  the  courts  referred  to  in  that  Article.

Article  3

interpretation  of 

1. Where  a  question  of 
the
Convention or of one of the other instruments referred to
in  Article  1  is  raised  in  a  case  pending  before  one  of  the
courts listed in point 1 of  Article  2,  that  court shall, if it
considers  that  a  decision  on  the  question  is  necessary  to
enable it to give judgment, request the Court of Justice to
give  a  ruling  thereon.

under  the  conditions  laid  down  in  paragraph  1,  request
the  Court  of  Justice  to  give  a  ruling  thereon.

Article  4

1.
The  competent  authority  of  a  Contracting  State
may  request  the  Court  of  Justice  to  give  a  ruling  on  a
question of interpretation of the Convention or of one of
the other instruments referred to in Article 1 if judgments
given  by  courts  of 
the
interpretation given either by the Court of Justice or in a
judgment  of  one  of  the  courts  of  another  Contracting
State  referred  to  in  point  1  or  2  of  Article  2.  The
to
provisions  of 
judgments  which  have  become  res  judicata.

this  paragraph  shall  apply  only 

that  State  conflict  with 

2.
The  interpretation  given  by  the  Court  of  Justice  in
response  to  such  a  request  shall  not  affect  the  judgments
which  gave  rise  to  the  request  for  interpretation.

3.
The Procurators-General of the Courts of Cassation
of  the  Contracting  States,  or  any  other  authority
designated  by  a  Contracting  State,  shall  be  entitled  to
request the Court of Justice for a ruling on interpretation
in  accordance  with  paragraph  1.

4.
The  Registrar  of  the  Court  of  Justice  shall  give
notice  of  the  request  to  the  Contracting  States,  to  the
Commission  and  to  the  Council  of  the  European
Communities;  they  shall  then  be  entitled  within  two
months  of  the  notification  to  submit  statements  of  case
or  written  observations  to  the  Court.

5. No  fees  shall  be  levied  or  any  costs  or  expenses
awarded in respect of the proceedings provided for in this
Article.

Article  5

Except  where  this  Protocol  otherwise  provides,  the
1.
provisions  of  the  Treaty  establishing  the  European
Economic  Community  and  those  of  the  Protocol  on  the
Statute of the Court of Justice annexed thereto, which are
applicable  when  the  Court 
is  requested  to  give  a
preliminary ruling, shall also apply to any proceedings for
the  interpretation  of  the  Convention  and  the  other
instruments  referred  to  in  Article  1.

The  Rules  of  Procedure  of  the  Court  of  Justice
2.
shall,  if  necessary,  be  adjusted  and  supplemented  in
accordance  with  Article  188  of  the  Treaty  establishing
the  European  Economic  Community.

2. Where  such  a  question  is  raised  before  any  court
referred  to  in  point  2  or  3  of  Article  2,  that  court  may

Article  6

(1) Point  1  as  amended  by  Article  31  of  the  1978  Accession
the  1982  Accession
Convention,  by  Article  11  of 
Convention,  by  Article  25  of 
the  1989  Accession
Convention,  and  by  Article  12  of  the  1996  Accession
Convention.

. . . (2)

(2) Article 26 of the 1989 Accession Convention provides for the
deletion  of  Article  6  as  amended  by  Article  32  of  the  1978
Accession  Convention.

C 27/30

EN

Official  Journal  of  the  European  Communities

26.  1.  98

Article  7 (1)

(b)

the  date  of  entry  into  force  of  this  Protocol;

This  Protocol  shall  be  ratified  by  the  signatory  States.
The  instruments  of  ratification  shall  be  deposited  with
the  Secretary-General  of  the  Council  of  the  European
Communities.

Article  8 (2)

This Protocol shall enter into force on the first day of the
third  month  following  the  deposit  of  the  instrument  of
ratification  by  the  last  signatory  State  to  take  this  step;
provided that it shall at the earliest enter into force at the
same  time  as  the  Convention  of  27  September  1968  on
jurisdiction and the enforcement of judgments in civil and
commercial matters.

(c) any  designation  received  pursuant  to  Article  4  (3);

(d)

. . . (4).

Article  11

The  Contracting  States  shall  communicate 
the
Secretary-General  of  the  Council  of  the  European
Communities  the  texts  of  any  provisions  of  their  laws
which  necessitate  an  amendment  to  the  list  of  courts  in
point  1  of  Article  2.

to 

Article  12

This  Protocol  is  concluded  for  an  unlimited  period.

Article  9

Article  13

The  Contracting  States  recognize  that  any  State  which
becomes  a  member  of 
the  European  Economic
Community,  and  to  which  Article  63  of  the  Convention
on  jurisdiction  and  the  enforcement  of  judgments  in  civil
and  commercial  matters  applies,  must  accept 
the
provisions of this Protocol, subject to such adjustments as
may  be  required.

Article  10 (3)

The  Secretary-General  of  the  Council  of  the  European
Communities  shall  notify  the  signatory  States  of:

(a)

the  deposit  of  each  instrument  of  ratification;

Any  Contracting  State  may  request  the  revision  of  this
Protocol.  In  this  event,  a  revision  conference  shall  be
convened by the President of the Council of the European
Communities.

Article  14 (5)

This Protocol, drawn up in a single original in the Dutch,
French,  German  and  Italian  languages,  all  four  texts
being equally authentic, shall be deposited in the archives
of  the  Secretariat  of  the  Council  of  the  European
Communities.  The  Secretary-General  shall  transmit  a
certified  copy  to  the  Government  of  each  signatory
State (6).

In  witness  whereof,  the  undersigned  Plenipotentiaries  have  affixed  their  signatures  below  this
Protocol.

Done  at  Luxembourg  on  the  third  day  of  June  in  the  year  one  thousand  nine  hundred  and
seventy-one.

[Signatures  of  the  plenipotentiaries]

(1) See  footnote  6  on  page  20.
(2) See  footnote  1  on  page  21.
(3) See  footnote  2  on  page  21.

(4) Article 27 of the 1989 Accession Convention provides for the
deletion  of  (d)  as  amended  by  Article  33  of  the  1978
Accession  Convention.
(5) See  footnote  4  on  page  21.
(6) See  footnote  1  on  page  22.

26.  1.  98

EN

Official  Journal  of  the  European  Communities

C 27/31

JOINT  DECLARATION

The  Government  of  the  Kingdom  of  Belgium,  the  Federal  Republic  of  Germany,  the  French
Republic,  the  Italian  Republic,  the  Grand  Duchy  of  Luxembourg  and  the  Kingdom  of  the
Netherlands,

On  signing  the  Protocol  on  the  interpretation  by  the  Court  of  Justice  of  the  Convention  of
27  September  1968  on  jurisdiction  and  the  enforcement  of  judgments  in  civil  and  commercial
matters,

Desiring  to  ensure  that  the  provisions  of  that  Protocol  are  applied  as  effectively  and  as
uniformly  as  possible,

Declare themselves ready to organize, in cooperation with the Court of Justice, an exchange of
information on the judgments given by the courts referred to in Article 2 (1) of that Protocol in
application  of  the  Convention  and  the  Protocol  of  27  September  1968.

In  witness  whereof,  the  undersigned  Plenipotentiaries  have  affixed  their  signatures  below  this
Joint  Declaration.

Done  at  Luxembourg  on  the  third  day  of  June  in  the  year  one  thousand  nine  hundred  and
seventy-one.

[Signatures  of  the  plenipotentiaries]

C 27/32

EN

Official  Journal  of  the  European  Communities

26.  1.  98

JOINT  DECLARATION

of  9  October  1978

THE REPRESENTATIVES OF  THE  GOVERNMENTS OF THE MEMBER STATES OF THE
EUROPEAN  ECONOMIC  COMMUNITY,  MEETING  WITHIN  THE  COUNCIL,

Desiring  to  ensure  that  in  the  spirit  of  the  Convention  of  27  September  1968  uniformity  of
jurisdiction  should  also  be  achieved  as  widely  as  possible  in  maritime  matters,

Considering that the International Convention relating to the arrest of sea-going ships, signed at
Brussels  on  10  May  1952,  contains  provisions  relating  to  such  jurisdiction,

Considering  that  all  of  the  Member  States  are  not  parties  to  the  said  Convention,

Express  the  wish  that  Member  States  which  are  coastal  States  and  have  not  already  become
parties  to  the  Convention  of  10  May  1952  should  do  so  as  soon  as  possible.

In  witness  whereof,  the  undersigned  Plenipotentiaries  have  affixed  their  signature  below  this
Joint  Declaration.

Done at  Luxembourg on  the ninth day of October in the year one thousand nine hundred and
seventy-eight.

[Signatures  of  the  plenipotentiaries]

26.  1.  98

EN

Official  Journal  of  the  European  Communities

C 27/33

JOINT  DECLARATION

of  26  May  1989

concerning the ratification of the Convention on the accession of the Kingdom of Spain and the
Portuguese  Republic  to  the  1968  Brussels  Convention

Upon signature of the Convention on the accession of the Kingdom of Spain and the Portuguese
Republic  to  the  1968  Brussels  Convention,  done  at  Donostia  —  San  Sebastián  on  26  May
1989,

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN
COMMUNITIES,  MEETING  WITHIN  THE  COUNCIL,

DESIROUS  that,  in  particular  with  a  view  to  the  completion  of  the  internal  market,  application
of  the  Brussels  Convention  and  of  the  1971  Protocol  should  be  rapidly  extended  to  the  entire
Community,

WELCOMING  the  conclusion  on  16  September  1988  of  the  Lugano  Convention  which  extends
the  principles  of  the  Brussels  Convention  to  those  States  becoming  parties  to  the  Lugano
Convention,  designed  principally  to  govern  relations  between  the  Member  States  of  the
European  Economic  Community  (EEC)  and  those  of  the  European  Free  Trade  Association
(EFTA)  with regard to  the  legal protection of persons established in any of those States and to
the  simplification  of  formalities  for  the  reciprocal  recognition  and  enforcement  of  judgments,

CONSIDERING  that  the  Brussels  Convention  has  as  its  legal  basis  Article  220  of  the  Treaty  of
Rome  and  is  interpreted  by  the  Court  of  Justice  of  the  European  Communities,

MINDFUL  that  the  Lugano  Convention  does  not  affect  the  application  of  the  Brussels
Convention  as  regards  relations  between  Member  States  of  the  European  Economic
Community,  since  such  relations  must  be  governed  by  the  Brussels  Convention,

NOTING  that  the  Lugano  Convention  is  to  enter  into  force  after  two  States,  of  which  one  is  a
member  of  the  European  Communities  and  the  other  a  member  of  the  European  Free  Trade
Association,  have  deposited  their  instruments  of  ratification,

DECLARE THEMSELVES READY to take every appropriate measure with a view to ensuring that
national  procedures  for  the  ratification  of  the  Convention  on  the  accession  of  the  Kingdom  of
Spain  and  the  Portuguese  Republic  to  the  Brussels  Convention,  signed  today,  are  completed  as
soon  as  possible  and,  if  possible,  by  31  December  1992  at  the  latest.

In  witness  whereof  the  undersigned  have  signed  this  declaration.

Done  at  Donostia  —  San  Sebastián  on  the  twenty-sixth  day  of  May  in  the  year  one  thousand
nine  hundred  and  eighty-nine.

[Signatures  of  the  plenipotentiaries]