Proposal for a Council Decision concerning the signing of the Convention between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation, and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
Date: 2007-07-06
Institutions: European Commission
Subjects: Denmark, Iceland, Norway, Switzerland, civil law, commercial law, enforcement of ruling, jurisdiction, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 6.7.2007 
COM(2007) 387 final 

Proposal for a 

COUNCIL DECISION 

concerning the signing of the Convention between the European Community and the 
Republic of Iceland, the Kingdom of Norway, the Swiss Confederation, and the 
Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments 
in civil and commercial matters 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. Political and legal background 

On  16  September  1988,  the  Member  States  of  the  European  Communities  signed  with  the 
Republic  of  Iceland,  the  Kingdom  of  Norway,  and  the  Swiss  Confederation  the  Lugano 
Convention on jurisdiction and the enforcement of judgments in civil and commercial matters. 
This Convention, referred to as the "Lugano Convention" extended the application of the rules 
of  the  1968  Brussels  Convention  on  the  same  subject  matter,  concluded  between  the  EC 
Member States, to certain States members of the European Free Trade Association. 

Negotiations on a revision of the 1968 Brussels and 1988 Lugano Conventions were undertaken 
during  the  years  1998-1999  in  the  context  of  an  ad  hoc  Working  Party  enlarged  with 
Switzerland,  Norway,  and  Iceland.  These  negotiations  led  to  the  adoption  of  a  text  of  a  draft 
convention prepared by the Working Party. This text was confirmed by the Council on 27 and 
28 May 1999 (JUSTCIV 60 of 30 April 1999). 

Since the entry into force of the Amsterdam Treaty on 1 May 1999, the matters covered by 
the  1968  Brussels  Convention  have  become  the  subject  of  Community  policy,  pursuant  to 
Articles 61(c) and 65 EC Treaty. As a result thereof, the 1968 Brussels Convention has been 
converted into a Regulation, in particular Regulation (EC) No 44/2001 on jurisdiction and the 
recognition and enforcement of judgments in civil and commercial matters. On that occasion, 
the  rules  of  the  Brussels  Convention  were  modernised  and  the  system  of  recognition  and 
enforcement was made more swift and efficient. 

In  the  light  of  the  parallelism  between  the  "Brussels"  (EC)  and  the  "Lugano"  regimes  on 
jurisdiction,  recognition and  enforcement of judgments in civil and commercial matters, the 
1988  Lugano  Convention  needs  to  be  adapted  in  order  to  reflect  the  evolution  of  the 
"Brussels"  regime.  In  particular,  it  is  important  to  align  the  system  of  recognition  and 
enforcement of judgments in order to achieve the same level of circulation of judgments with 
the EFTA States concerned. 

The  Commission  presented  on  22  March  2002  a  recommendation  for  a  Council  Decision 
authorising  the  Commission  to  open  negotiations  for  the  adoption  of  a  Convention  between 
the Community and, on the basis of the Protocol on its position, Denmark, of the one part, and 
Iceland, Norway, Switzerland and Poland, of the other, on jurisdiction and the recognition and 
enforcement of judgments in civil and commercial matters to replace the Lugano convention 
of 16 September 1988 (SEC(2002) 298 final). 

At  its  Session  of  14  and  15  October  2002,  the  Council  adopted  negotiating  directives 
authorising the Commission to enter into negotiations on a new Lugano Convention. 

At  its  session  of  27-28  February  2003,  Council  decided  to  request  the  European  Court  of 
Justice  to  deliver  an  opinion  on  the  question  whether  the  conclusion  of  the  new  Lugano 
Convention resorts under the exclusive competence of the Community or whether it concerns 
a competence that is shared between the Community and the Member States. In its Opinion 
1/03 of 7 February 2006, the European Court of Justice has opined that the conclusion of the 
new Lugano Convention resorts entirely under the exclusive competence of the Community. 

Following the opinion of the Court, negotiations resumed and were finalised in Brussels on 28 
March 2007. 

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Pursuant to Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty 
on the European Union and the Treaty establishing the European Community, Denmark does 
not participate in Title IV of the Treaty. As a consequence, Community instruments adopted 
in  the  field  of,  among  others,  judicial  cooperation  in  civil  matters  are  not  binding  upon  or 
applicable  in  Denmark.  As  a  result,  Denmark  participates  in  this  context  as  a  Contracting 
Party to the new Lugano Convention, not as a Member State of the European Community. As 
between  the  other  EC  Member  States  and  the  Kingdom  of  Denmark,  the  provisions  of 
Regulation  (EC)  No  44/2001  will  apply  as  from  1  July  2007,  pursuant  to  the  Agreement 
between  the  European  Community  and  the  Kingdom  of  Denmark  on  jurisdiction  and  the 
recognition and enforcement of judgments in civil and commercial matters, signed at Brussels 
on 19 October 2005. 

2. Results of the Negotiations 

The  Commission  negotiated  the  new  Lugano  Convention  in  accordance  with  the  Council’s 
negotiating directives, coordinating with the special Committee designated by the Council to 
assist the Commission during negotiations. 

As a result, the Convention, in particular:  

•  Generally aligns the text of the Convention on the text of Regulation (EC) 44/2001, both as 
concerns  the  rules  on  jurisdiction  and  on  recognition  and  enforcement,  subject  to  some 
minor  amendments  and  clarifications.  With  respect  to  one  of  these  amendments, 
concerning Article 22(4) of the Convention, the EC will, at the time of ratification of the 
Convention, make a declaration that it intends to clarify the scope of Art. 22(4) of Council 
Regulation (EC) No 44/2001 with a view to integrating the relevant case-law of the ECJ 
with  respect  to  proceedings  concerned  with  the  registration  or  validity  of  intellectual 
property rights, thereby ensuring its parallelism with Art. 22(4) of the Convention. In this 
context, reference shall be made to the study launched by the Commission to evaluate the 
application of Regulation (EC) No 44/2001. 

•  Adapts  the  text  of  the  Convention  to  reflect  the  exclusive  competence  of  the  European 

Community to conclude the new Lugano Convention; 

•  Adapts the text to reflect the specific situation of Denmark; 

•  Establishes a system of distributive application of the Lugano Convention and Regulation 
(EC)  44/2001  similar  to  the  system  laid  down  in  Article  54b  of  the  1988  Lugano 
Convention;  

•  Permits  Contracting  Parties,  in  Article  67,  to  maintain  and  conclude  international 
agreements on particular matters and provides, in this context, that a judgment rendered on 
the  basis  of  such  an  agreement  may  be  subject  to  additional  grounds  of  refusal  of 
recognition and enforcement in an EC Member State when the defendant is domiciled in 
any one of the EC Member States; 

•  Lays  down,  in  Article  68,  the  conditions  under  which  Contracting  Parties  are  allowed  to 
maintain  and  conclude  international  agreements  with  third  States  which  prevent  the 
recognition and enforcement of judgments issued by the courts of the States bound by the 
Convention  against  defendants  domiciled  or  habitually  resident  in  a  third  State  in  cases 
where the judgment could only be based on an exorbitant ground of jurisdiction; 

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•  Provides for the possibility to extend the application of the new Convention to certain non-
European  territories  that  are  part  of  the  territory  of  the  Member  States  or  for  whose 
external relations such Member States are responsible, in order to maintain the historical 
geographical scope of application of the 1968 Brussels and 1988 Lugano Conventions. In 
case of such extension, insofar as the relations between the Member States of the European 
Community  and  these  non-European  territories  are  concerned,  the  new  Convention  will 
replace the 1968 Brussels Convention; 

•  Will replace the 1988 Lugano Convention, subject to transitional provisions. 

3. Conclusions 

In  view  of  the  positive  outcome  of  the  negotiations,  the  Commission  recommends  that  the 
Council adopt the decision concerning the signing of the Convention between the European 
Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation, 
and  the  Kingdom  of  Denmark  on  jurisdiction  and  the  recognition  and  enforcement  of 
judgments in civil and commercial matters. 

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Proposal for a 

COUNCIL DECISION 

concerning the signing of the Convention between the European Community and the 
Republic of Iceland, the Kingdom of Norway, the Swiss Confederation, and the 
Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments 
in civil and commercial matters 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
61(c) and in conjunction with the first subparagraph of Article 300(2) thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

On  16  September  1988,  the  Member  States  of  the  European  Communities  signed  an 
international agreement with the Republic of Iceland, the Kingdom of Norway, and the 
Swiss  Confederation  on  jurisdiction  and  the  enforcement  of  judgments  in  civil  and 
commercial matters (the Lugano Convention),2 thereby extending to Iceland, Norway, 
and  Switzerland  the  application  of  the  rules  of  the  Brussels  Convention  of  27 
September 1968 on the same subject matter (the "Brussels Convention").3 

Negotiations on a revision of the 1968 Brussels and 1988 Lugano Conventions were 
undertaken  during  the  years  1998-1999  in  the  context  of  an  ad  hoc  Working  Party 
enlarged  with  Switzerland,  Norway,  and  Iceland.  These  negotiations  led  to  the 
adoption  of  a  text  of  a  draft  convention  prepared  by  the  Working  Party,  which  was 
confirmed by the Council on 27 and 28 May 1999. 

The  rules  of  the  Brussels  Convention  have  been  modernised  and  the  system  of 
recognition  and  enforcement  has  been  made  more  swift  and  efficient  by  Regulation 
(EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in 
civil and commercial matters.  

In  the  light  of  the  parallelism  between  the  Brussels  and  the  Lugano  Convention 
regimes  on  jurisdiction,  recognition,  and  enforcement  of  judgments  in  civil  and 
commercial  matters,  the  rules  of  the  Lugano  Convention  should  be  aligned  with  the 
rules of Regulation (EC) No 44/2001 in order to achieve the same level of circulation 
of judgments with the EFTA States concerned. 

1 
2 
3 

OJ C , p. . 
OJ L 319, 25.11.1988, p. 9 
OJ L 299, 31.12.1972, p. 32 (consolidated version). 

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(5) 

(6) 

(7) 

(8) 

(9) 

Pursuant  to  the  Protocol  on  the  position  of  Denmark  annexed  to  the  Treaty  on  the 
European  Union  (EU  Treaty)  and  the  Treaty  establishing  the  European  Community 
(EC Treaty), Denmark does not participate in Title IV of the EC Treaty. In order for 
the rules of the Lugano Convention to apply to Denmark, Denmark should participate 
as a Contracting Party to a new convention covering the same subject matter. 

By  Decision  of  27  September  2002,  the  Council  authorised  the  Commission  to 
negotiate a convention between the Community and, on the basis of the Protocol on its 
position, Denmark, of the one part, and Iceland, Norway, Poland, and Switzerland, of 
the  other,  on  jurisdiction  and  the  recognition  and  enforcement  of  judgments  in  civil 
and commercial matters to replace the Lugano Convention. 

The Commission has negotiated  such convention, on behalf of  the  Community,  with 
the  Republic  of  Iceland,  the  Kingdom  of  Norway,  the  Swiss  Confederation,  and  the 
Kingdom of Denmark. 

The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the 
position  of  the  United Kingdom  and  Ireland  annexed  to  the EU  Treaty  and  the  EC 
Treaty, are taking part in the adoption and application of this Decision. 

In accordance with Articles 1 and 2 of the above-mentioned Protocol on the position 
of Denmark, Denmark does not take part in the adoption of the present Decision and is 
not bound by it or subject to its application. 

(10)  The Convention, initialled at Brussels on 28 March 2007, should be signed. 

HAS DECIDED AS FOLLOWS:  

Article 1 

The  Convention  between  the  Community  and  the  Republic  of  Iceland,  the  Kingdom  of 
Norway and the Swiss Confederation, of the one part, and, on the basis of the Protocol on its 
position,  the  Kingdom  of  Denmark,  of  the  other,  on  jurisdiction  and  the  recognition  and 
enforcement of judgments in civil and commercial matters to replace the Lugano Convention 
of 16 September 1988 is hereby approved on behalf of the European Community, subject to 
the conclusion of the said Convention. 

The text of the Convention is attached to this Decision. 

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Article 2 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
sign,  on  behalf  of  the  European  Community,  the  Convention  between  the  European 
Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation, 
and  the  Kingdom  of  Denmark  on  jurisdiction  and  the  recognition  and  enforcement  of 
judgments in civil and commercial matters. 

Done at Brussels,  

For the Council 
The President

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ANNEX  

CONVENTION 

on jurisdiction and the recognition and enforcement of judgments 

in civil and commercial matters 

Done at Lugano on … 

PREAMBLE 

THE HIGH CONTRACTING PARTIES TO THIS CONVENTION 

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

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

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

TAKING INTO ACCOUNT:  

–  the  Brussels  Convention  of  27  September  1968  on  jurisdiction  and  the 
enforcement  of  judgments  in  civil  and  commercial  matters,  as  amended  by  the 
Accession  Conventions  under  the  successive  enlargements  of  the  European 
Union; 

–  the Lugano Convention of 16 September 1988 on jurisdiction and the enforcement 
of  judgments  in  civil  and  commercial  matters,  which  extends  the  application  of 
the  rules  of  the  1968  Brussels  Convention  to  certain  States  members  of  the 
European Free Trade Association; 

–  Council  Regulation  (EC)  No  44/2001  of  22  December  2000  on  jurisdiction  and 
the  recognition  and  enforcement  of  judgments  in  civil  and  commercial  matters, 
which has replaced the above-mentioned Brussels Convention; 

–  the Agreement between the European Community and the Kingdom of Denmark 
on  jurisdiction  and  the  recognition  and  enforcement  of  judgments  in  civil  and 
commercial matters, signed at Brussels on 19 October 2005; 

PERSUADED that the extension of the principles laid down in Regulation (EC) No 44/2001 to 
the Contracting Parties to this instrument will strengthen legal and economic cooperation, 

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

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HAVE in this spirit DECIDED to conclude this Convention, and  

HAVE AGREED AS FOLLOWS: 

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TITLE I 

SCOPE 

Article 1 

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. 

2. The Convention shall not apply to: 

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

b)  bankruptcy,  proceedings  relating  to  the  winding-up  of  insolvent  companies  or  other  legal 
persons, judicial arrangements, compositions and analogous proceedings; 

c) social security; 

d) arbitration. 

3. In this Convention, the term “State bound by this Convention” shall mean any State that is a 
Contracting Party to this Convention or a Member State of the European Community. It may 
also mean the European Community. 

TITLE II 

JURISDICTION 

Section 1 

General provisions 

Article 2 

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

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

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Article 3 

1. Persons domiciled in a State bound by this Convention may be sued in the courts of another 
State bound by this Convention only by virtue of the rules set out in Sections 2 to 7 of this Title. 

2.  In  particular  the  rules  of  national  jurisdiction set  out  in  Annex  I  shall  not  be  applicable  as 
against them. 

Article 4 

1. If the defendant is not domiciled in a State bound by this Convention, the jurisdiction of the 
courts of each State bound by this Convention shall, subject to the provisions of Articles 22 and 
23, be determined by the law of that State. 

2. As against such a defendant, any person domiciled in a State bound by this Convention may, 
whatever his nationality, avail himself in that State of the rules of jurisdiction there in force, and 
in particular those specified in Annex I, in the same way as the nationals of that State. 

Section 2 

Special jurisdiction 

Article 5 

A person domiciled in a State bound by this Convention may, in another State bound by this 
Convention, be sued: 

(a) 

1. 
obligation in question; 

in matters relating to a contract, in the courts for the place of performance of the 

for the purpose of this provision and unless otherwise agreed, the place of performance 

(b) 
of the obligation in question shall be: 

–  in  the  case  of  the  sale  of  goods,  the  place  in  a  State  bound  by  this  Convention 
where,  under  the  contract,  the  goods  were  delivered  or  should  have  been 
delivered, 

–  in  the  case  of  the  provision  of  services,  the  place  in  a  State  bound  by  this 
Convention where, under the contract, the services were provided or should have 
been provided; 

(c) 

if subparagraph (b) does not apply then subparagraph (a) applies; 

2. in matters relating to maintenance,  

in  the  courts  for  the  place  where  the  maintenance  creditor  is  domiciled  or  habitually 

(a) 
resident, or 

(b) 
in  the  court  which,  according  to  its  own  law,  has  jurisdiction  to  entertain  proceedings 
concerning  the  status  of  a  person  if  the  matter  relating  to  maintenance  is  ancillary  to  those 
proceedings, unless that jurisdiction is based solely on the nationality of one of the parties, or 

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(c) 
in  the  court  which,  according  to  its  own  law,  has  jurisdiction  to  entertain  proceedings 
concerning  parental  responsibility,  if  the  matter  relating  to  maintenance  is  ancillary  to  those 
proceedings, unless that jurisdiction is based solely on the nationality of one of the parties; 

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

4.  as  regards  a  civil  claim  for  damages  or  restitution  which  is  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 State bound by this 
Convention in which the trust is domiciled; 

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

a) has been arrested to secure such payment, or 

b) could have been so arrested, but bail or other security has been given, 

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

Article 6 

A person domiciled in a State bound by this Convention may also be sued: 

1. 

2. 

3. 

4. 

where he is one of a number of defendants, in the courts for the place where any one 
of them is domiciled, provided the claims are so closely connected that it is expedient 
to  hear  and  determine  them  together  to  avoid  the  risk  of  irreconcilable  judgments 
resulting from separate proceedings;  

as  a  third  party  in  an  action  on  a  warranty  or  guarantee  or  in  any  other  third  party 
proceedings,  in  the  court  seised  of  the  original  proceedings,  unless  these  were 
instituted  solely  with  the  object  of  removing  him  from  the  jurisdiction  of  the  court 
which would be competent in his case; 

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; 

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 State bound by this Convention in which the property is situated. 

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Article 7 

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

Section 3 

Jurisdiction in matters relating to insurance 

Article 8 

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

Article 9 

1. An insurer domiciled in a State bound by this Convention may be sued: 

(a) 

(b) 

(c) 

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

in  another  State  bound  by  this  Convention,  in  the  case  of  actions  brought  by  the 
policyholder,  the  insured  or  a  beneficiary,  in  the  courts  for  the  place  where  the 
plaintiff is domiciled, or 

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

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

Article 10 

In respect of liability insurance or insurance of immovable 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 11 

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

2. Articles 8, 9 and 10 shall apply to actions brought by the injured party directly against the 
insurer, where such direct actions are permitted. 

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

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Article 12 

1. Without prejudice to Article 11(3), an insurer may bring proceedings only in the courts of the 
State bound by this Convention in which the defendant is domiciled, irrespective of whether he 
is the policyholder, the insured or a beneficiary. 

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

Article 13 

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

1. 

2. 

3. 

4. 

5. 

which is entered into after the dispute has arisen, or 

which  allows  the  policyholder,  the  insured  or  a  beneficiary  to  bring  proceedings  in 
courts other than those indicated in this Section, or 

which is concluded between a policyholder and an insurer, both of whom are at the 
time of conclusion of the contract domiciled or habitually resident in the same State 
bound by this Convention, and which 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 

which is concluded with a policyholder who is not domiciled in a State bound by this 
Convention, except in so far as the insurance is compulsory or relates to immovable 
property in a State bound by this Convention, or 

which relates to a contract of insurance in so far as it covers one or more of the risks 
set out in Article 14. 

Article 14 

The following are the risks referred to in Article 13(5): 

1. 

any loss of or damage to: 

seagoing  ships,  installations  situated  offshore  or  on  the  high  seas,  or  aircraft, 

(a) 
arising from perils which relate to their use for commercial purposes;  

goods in transit other than passengers' baggage where the transit consists of or 

(b) 
includes carriage by such ships or aircraft; 

2. 

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

arising out of the use or operation of ships, installations or aircraft as referred 
(a) 
to in point 1(a) in so far as, in respect of the latter, the law of the State bound by this 
Convention  in  which  such  aircraft  are  registered  does  not  prohibit  agreements  on 
jurisdiction regarding insurance of such risks; 

(b) 

for loss or damage caused by goods in transit as described in point 1(b); 

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3. 

4. 

5. 

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

any risk or interest connected with any of those referred to in points 1 to 3; 

notwithstanding points 1 to 4, all large risks. 

Section 4 

Jurisdiction over consumer contracts 

Article 15 

1. In matters relating to a contract concluded by a person, the consumer, for a purpose which 
can be regarded as being outside his trade or profession, jurisdiction shall be determined by this 
Section, without prejudice to Articles 4 and 5(5), if: 

(a) 

(b) 

(c) 

it is a contract for the sale of goods on instalment credit terms, or 

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

in  all  other  cases,  the  contract  has  been  concluded  with  a  person  who  pursues 
commercial  or  professional  activities  in  the  State  bound  by  this  Convention  of  the 
consumer's  domicile  or,  by  any  means,  directs  such  activities  to  that  State  or  to 
several  States  including  that  State,  and  the  contract  falls  within  the  scope  of  such 
activities.  

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

3.  This  section  shall  not  apply  to  a  contract  of  transport  other  than  a  contract  which,  for  an 
inclusive price, provides for a combination of travel and accommodation. 

Article 16 

1. A consumer may bring proceedings against the other party to a contract either in the courts of 
the State bound by this Convention in which that party is domiciled or in the courts for the place 
where the consumer is domiciled. 

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

3.  This  Article  shall  not  affect  the  right  to  bring  a  counter-claim  in  the  court  in  which,  in 
accordance with this Section, the original claim is pending. 

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

Article 17 

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1. 

2. 

3. 

which is entered into after the dispute has arisen, or 

which allows the consumer to bring proceedings in courts other than those indicated 
in this Section, or 

which  is  entered  into  by  the  consumer  and  the  other  party  to  the  contract,  both  of 
whom are at the time of conclusion of the contract domiciled or habitually resident in 
the  same  State  bound  by  this  Convention,  and  which  confers  jurisdiction  on  the 
courts of that State, provided that such an agreement is not contrary to the law of that 
State. 

Section 5 

Jurisdiction over individual contracts of employment 

Article 18 

1. In matters relating to individual contracts of employment, jurisdiction shall be determined by 
this Section, without prejudice to Articles 4 and 5(5). 

2. Where an employee enters into an individual contract of employment with an employer who 
is  not  domiciled  in  a  State  bound  by  this  Convention  but  has  a  branch,  agency  or  other 
establishment  in  one  of  the  States  bound  by  this  Convention,  the  employer  shall,  in  disputes 
arising out of the operations of the branch, agency or establishment, be deemed to be domiciled 
in that State. 

Article 19 

An employer domiciled in a State bound by this Convention may be sued: 

1. 

2. 

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

in another State bound by this Convention: 

in the courts for the place where the employee habitually carries out his work 

(a) 
or in the courts for the last place where he did so, or 

(b) 
if  the  employee  does  not  or  did  not  habitually  carry  out  his  work  in  any  one 
country, in the courts for the place where the business which engaged the employee 
is or was situated. 

Article 20 

1. An employer may bring proceedings only in the courts of the State bound by this Convention 
in which the employee is domiciled. 

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

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

Article 21 

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

2. which allows the employee to bring proceedings in courts other than those indicated in this 
Section. 

Section 6 

Exclusive jurisdiction 

Article 22 

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

1. in proceedings which have as their object rights in rem in immovable property or tenancies 
of  immovable  property,  the  courts  of  the  State  bound  by  this  Convention  in  which  the 
property is situated. 

However,  in  proceedings  which  have  as  their  object  tenancies  of  immovable  property 
concluded  for  temporary  private  use  for  a  maximum  period  of  six  consecutive  months,  the 
courts of the State bound by this Convention in which the defendant is domiciled shall also 
have  jurisdiction,  provided  that  the  tenant  is  a  natural  person  and  that  the  landlord  and  the 
tenant are domiciled in the same State bound by this Convention; 

2. in proceedings which have as their object the validity of the constitution, the nullity or the 
dissolution of companies or other legal persons or associations of natural or legal persons, or 
of  the  validity  of  the  decisions  of  their  organs,  the  courts  of  the  State  bound  by  this 
Convention  in  which  the  company,  legal  person  or  association  has  its  seat.  In  order  to 
determine that seat, the court shall apply its rules of private international law; 

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

4. in proceedings concerned with the registration or validity of patents, trade marks, designs, 
or other similar rights required to be deposited or registered, irrespective of whether the issue 
is raised by way of an action or as a defence, the courts of the State bound by this Convention 
in which the deposit or registration has been applied for, has taken place or is under the terms 
of a Community instrument or an international convention deemed to have taken place. 

Without prejudice to the jurisdiction of the European Patent Office under the Convention on 
the grant of European patents, signed at Munich on 5 October 1973, the courts of each State 
bound  by  this  Convention  shall  have  exclusive  jurisdiction,  regardless  of  domicile,  in 
proceedings  concerned  with  the  registration  or  validity  of  any  European  patent  granted  for 
that State irrespective of whether the issue is raised by way of an action or as a defence. 

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

Section 7 

Prorogation of jurisdiction 

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Article 23 

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

(a) 

(b) 

(c) 

in writing or evidenced in writing, or 

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

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. 

2. Any communication by electronic means which provides a durable record of the agreement 
shall be equivalent to "writing". 

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

4.  The  court  or  courts  of  a  State  bound  by  this  Convention  on  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. 

5.  Agreements  or  provisions  of  a  trust  instrument  conferring  jurisdiction  shall  have  no  legal 
force  if  they  are  contrary  to  the  provisions  of  Articles  13,  17  or  21,  or  if  the  courts  whose 
jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article 22. 

Article 24 

Apart  from  jurisdiction  derived  from  other  provisions  of  this  Convention,  a  court  of  a  State 
bound  by  this  Convention  before  which  a  defendant  enters  an  appearance  shall  have 
jurisdiction. This rule shall not apply where appearance was entered to contest the jurisdiction, 
or where another court has exclusive jurisdiction by virtue of Article 22. 

Section 8 

Examination as to jurisdiction and admissibility 

Article 25 

Where  a  court  of  a  State  bound  by  this  Convention  is  seised  of  a  claim  which  is  principally 
concerned with a matter over which the courts of another State bound by this Convention have 
exclusive jurisdiction by virtue of Article 22, it shall declare of its own motion that it has no 
jurisdiction. 

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Article 26 

1.  Where  a  defendant  domiciled  in  one  State  bound  by  this  Convention  is  sued  in  a  court  of 
another  State  bound  by  this  Convention  and  does  not  enter  an  appearance,  the  court  shall 
declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the 
provisions of this Convention. 

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

3.  Instead  of  the  provisions  of  paragraph  2,  Article  15  of  the  Hague  Convention  of 
15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil and 
Commercial  matters  shall  apply  if  the  document  instituting  the  proceedings  or  an  equivalent 
document had to be transmitted pursuant to that Convention. 

4.  Member  States  of  the  European  Community  bound  by  Council  Regulation  (EC)  No 
1348/2000  of  29  May  2000  or  by  the  Agreement  between  the  European  Community  and  the 
Kingdom  of  Denmark  on  the  service  of  judicial  and  extrajudicial  documents  in  civil  or 
commercial matters, signed at Brussels on 19 October 2005, shall apply in their mutual relations 
the provision in Article 19 of that Regulation if the document instituting the proceedings or an 
equivalent document had to be transmitted pursuant to that Regulation or that Agreement. 

Section 9 

Lis pendens – related actions 

Article 27 

1.  Where  proceedings  involving  the  same  cause  of  action  and  between  the  same  parties  are 
brought  in  the  courts  of  different  States  bound  by  this  Convention,  any  court  other  than  the 
court first seised shall of its own motion stay its proceedings until such time as the jurisdiction 
of the court first seised is established. 

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

Article 28 

1. Where related actions are pending in the courts of different States bound by this Convention, 
any court other than the court first seised may stay its proceedings. 

2. Where these actions are pending at first instance, any court other than the court first seised 
may also, on the application of one of the parties, decline jurisdiction if the court first seised has 
jurisdiction over the actions in question and its law permits the consolidation thereof. 

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

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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 29 

Article 30 

For the purposes of this Section, a court shall be deemed to be seised: 

1. 
at the time when the document instituting the proceedings or an equivalent document 
is  lodged  with  the  court,  provided  that  the  plaintiff  has  not  subsequently  failed  to  take  the 
steps he was required to take to have service effected on the defendant, or 

2. 
if the document has to be served before being lodged with the court at the time when it 
is  received  by  the  authority  responsible  for  service,  provided  that  the  plaintiff  has  not 
subsequently failed to take the steps he was required to take to have the document lodged with 
the court. 

Section 10 

Provisional, including protective, measures 

Article 31 

Application  may  be  made  to  the  courts  of  a  State  bound  by  this  Convention  for  such 
provisional, including protective, measures as may be available under the law of that State, even 
if, under this Convention, the courts of another State bound by this Convention have jurisdiction 
as to the substance of the matter. 

TITLE III 

RECOGNITION AND ENFORCEMENT 

Article 32 

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

Section 1 

Recognition 

Article 33 

1. A judgment given in a State bound by this Convention shall be recognised in the other States 
bound by this Convention without any special procedure being required. 

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

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3. If the outcome of proceedings in a court of a State bound by this Convention depends on the 
determination of an incidental question of recognition that court shall have jurisdiction over that 
question. 

A judgment shall not be recognised: 

Article 34 

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

1. 
recognition is sought; 

2. 
where  it  was  given  in  default  of  appearance,  if  the  defendant was not served  with  the 
document  which  instituted  the  proceedings  or  with  an  equivalent  document  in  sufficient  time 
and  in  such  a  way  as  to  enable  him  to  arrange  for  his  defence,  unless  the  defendant  failed  to 
commence proceedings to challenge the judgment when it was possible for him to do so; 

if it is irreconcilable with a judgment given in a dispute between the same parties in the 

3. 
State in which recognition is sought; 

4. 
if  it  is  irreconcilable  with  an  earlier  judgment  given  in  another  State  bound  by  this 
Convention or in a third State involving the same cause of action and between the same parties, 
provided that the earlier judgment fulfils the conditions necessary for its recognition in the State 
addressed. 

Article 35 

1. Moreover, a judgment shall not be recognised if it conflicts with Sections 3, 4 or 6 of Title II, 
or in a case provided for in Article 68. A judgment may furthermore be refused recognition in 
any case provided for in Article 64(3) or 67(4).  

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

3. Subject to the provisions of paragraph 1, the jurisdiction of the court of the State of origin 
may not be reviewed. The test of public policy referred to in Article 34(1) may not be applied to 
the rules relating to jurisdiction. 

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

Article 36 

Article 37 

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

2. A court of a State bound by this Convention in which 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. 

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Section 2 

Enforcement 

Article 38 

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

2. However, in the United Kingdom, such a judgment shall be enforced in England and Wales, 
in Scotland, or in Northern Ireland when, on the application of any interested party, it has been 
registered for enforcement in that part of the United Kingdom. 

Article 39 

1. The application shall be submitted to the court or competent authority indicated in the list in 
Annex II. 

2. The local jurisdiction shall be determined by reference to the place of domicile of the party 
against whom enforcement is sought, or to the place of enforcement. 

Article 40 

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

2. 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. 

3. The documents referred to in Articles 53 shall be attached to the application. 

Article 41 

The  judgment  shall  be  declared  enforceable  immediately  on  completion  of  the  formalities  in 
Article 53 without any review under Articles 34 and 35. The party against whom enforcement is 
sought  shall  not  at  this  stage  of  the  proceedings  be  entitled  to  make  any  submissions  on  the 
application. 

Article 42 

1. The decision on the application for a declaration of enforceability shall forthwith be brought 
to the notice of the applicant in accordance with the procedure laid down by the law of the State 
in which enforcement is sought. 

2. The declaration of enforceability shall be served on the party against whom enforcement is 
sought, accompanied by the judgment, if not already served on that party. 

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Article 43 

1. The decision on the application for a declaration of enforceability may be appealed against by 
either party. 

2. The appeal is to be lodged with the court indicated in the list in Annex III. 

3.  The  appeal  shall  be  dealt  with  in  accordance  with  the  rules  governing  procedure  in 
contradictory matters. 

4. If the party against whom enforcement is sought fails to appear before the appellate court in 
proceedings concerning an appeal brought by the applicant, Article 26(2) to (4) shall apply even 
where the party against whom enforcement is sought is not domiciled in any of the States bound 
by this Convention. 

5.  An  appeal  against  the  declaration  of  enforceability  is  to  be  lodged  within  one  month  of 
service thereof. If the party against whom enforcement is sought is domiciled in a State bound 
by this Convention other than that in which the declaration of enforceability was given, the time 
for appealing shall be two months and shall run from the date of service, either on him in person 
or at his residence. No extension of time may be granted on account of distance. 

Article 44 

The judgment given on the appeal may be contested only by the appeal referred to in Annex IV.  

Article 45 

1.  The  court  with  which  an  appeal  is  lodged  under  Article  43  or  44  shall  refuse  or  revoke  a 
declaration of enforceability only on one of the grounds specified in Articles 34 and 35. It shall 
give its decision without delay. 

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

Article 46 

1. The court with which an appeal is lodged under Article 43 or 44 may, on the application of 
the party against whom enforcement is sought, stay the proceedings if an ordinary appeal has 
been lodged against the judgment in the State of origin or if the time for such an appeal has not 
yet expired; in the latter case, the court may specify the time within which such an appeal is to 
be lodged. 

2.  Where  the  judgment  was  given  in  Ireland  or  the  United  Kingdom,  any  form  of  appeal 
available  in  the  State  of  origin  shall  be  treated  as  an  ordinary  appeal  for  the  purposes  of 
paragraph 1. 

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

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Article 47 

1.  When  a  judgment  must  be  recognised  in  accordance  with  this  Convention,  nothing  shall 
prevent  the  applicant  from  availing  himself  of  provisional,  including  protective,  measures  in 
accordance  with  the  law  of  the  State  requested  without  a  declaration  of  enforceability  under 
Article 41 being required. 

2. The declaration of enforceability shall carry with it the power to proceed to any protective 
measures. 

3. During the time specified for an appeal pursuant to Article 43(5) against the declaration of 
enforceability and until any such appeal has been determined, no measures of enforcement may 
be  taken  other  than  protective  measures  against  the  property  of  the  party  against  whom 
enforcement is sought. 

Article 48 

1. Where a foreign judgment has been given in respect of several matters and the declaration of 
enforceability cannot be given for all of them, the court or competent authority shall give it for 
one or more of them. 

2. An applicant may request a declaration of enforceability limited to parts of a judgment. 

Article 49 

A foreign judgment which orders a periodic payment by way of a penalty shall be enforceable 
in the State in which enforcement is sought only if the amount of the payment has been finally 
determined by the courts of the State of origin. 

Article 50 

An applicant who in the State of origin has benefited from complete or partial legal aid 
1. 
or  exemption  from  costs  or  expenses  shall  be  entitled,  in  the  procedure  provided  for  in  this 
Section,  to  benefit  from  the  most  favourable  legal  aid  or  the  most  extensive  exemption  from 
costs or expenses provided for by the law of the State addressed. 

2. 
However,  an  applicant  who  requests  the  enforcement  of  a  decision  given  by  an 
administrative authority in Denmark, in Iceland or in Norway in respect of maintenance may, in 
the State addressed, claim the benefits referred to in paragraph 1 if he presents a statement from 
the Danish, Icelandic, or Norwegian Ministry of Justice to the effect that he fulfils the economic 
requirements to qualify for the grant of complete or partial legal aid or exemption from costs or 
expenses. 

Article 51 

No security, bond or deposit, however described, shall be required of a party who in one State 
bound by this Convention, applies for enforcement of a judgment given in another State bound 
by  this  Convention  on  the  ground  that  he  is  a  foreign  national  or  that  he  is  not  domiciled  or 
resident in the State in which enforcement is sought. 

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

Section 3 

Common provisions 

Article 53 

1.  A  party  seeking  recognition  or  applying  for  a  declaration  of  enforceability  shall  produce  a 
copy of the judgment which satisfies the conditions necessary to establish its authenticity. 

2. A party applying for a declaration of enforceability shall also produce the certificate referred 
to in Article 54, without prejudice to Article 55. 

Article 54 

The court or competent authority of a State bound by this Convention where a judgment was 
given shall issue, at the request of any interested party, a certificate using the standard form in 
Annex V to this Convention. 

Article 55 

1. If the certificate referred to in Article 54 is not produced, the court or competent authority 
may specify a time for its production or accept an equivalent document or, if it considers that it 
has sufficient information before it, dispense with its production. 

2.  If  the  court  or  competent  authority  so  requires,  a  translation  of  the  documents  shall  be 
produced. The translation shall be certified by a person qualified to do so in one of the States 
bound by this Convention. 

Article 56 

No legalisation or other similar formality shall be required in respect of the documents referred 
to  in  Article  53  or  Article  55(2),  or  in  respect  of  a  document  appointing  a  representative  ad 
litem. 

TITLE IV 

AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS 

Article 57 

1. A document which has been formally drawn up or registered as an authentic instrument and 
is  enforceable  in  one  State  bound  by  this  Convention  shall,  in  another  State  bound  by  this 
Convention,  be  declared  enforceable  there,  on  application  made  in  accordance  with  the 
procedures provided for in Article 38, et seq. The court with which an appeal is lodged under 
Article  43  or  Article  44  shall  refuse  or  revoke  a  declaration  of  enforceability  only  if 
enforcement of the instrument is manifestly contrary to public policy in the State addressed. 

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2. Arrangements relating to maintenance obligations concluded with administrative authorities 
or authenticated by them shall also be regarded as authentic instruments within the meaning of 
paragraph 1. 

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

4. Section 3 of Title III shall apply as appropriate. The competent authority of a State bound by 
this  Convention  where  an  authentic  instrument  was  drawn  up  or  registered  shall  issue,  at  the 
request  of  any  interested  party,  a  certificate  using  the  standard  form  in  Annex  VI  to  this 
Convention. 

Article 58 

A  settlement  which  has  been  approved  by  a  court  in  the  course  of  proceedings  and  is 
enforceable  in  the  State  bound  by  this  Convention  in  which  it  was  concluded  shall  be 
enforceable in the State addressed under the same conditions as authentic instruments. The court 
or  competent  authority  of  a  State  bound  by  this  Convention  where  a  court  settlement  was 
approved shall issue, at the request of any interested party, a certificate using the standard form 
in Annex V to this Convention. 

TITLE V 

GENERAL PROVISIONS 

Article 59 

1.  In  order  to  determine  whether  a  party  is  domiciled  in  the  State  bound  by  this  Convention 
whose courts are seised of a matter, the court shall apply its internal law. 

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

1. For the purposes of this Convention, a company or other legal person or association of natural 
or legal persons is domiciled at the place where it has its: 

Article 60 

(a) 

statutory seat, or 

(b) 

central administration, or 

(c) 

principal place of business. 

2.  For  the  purposes  of  the  United  Kingdom  and  Ireland  “statutory  seat”  means  the  registered 
office or, where there is no such office anywhere, the place of incorporation or, where there is 
no such place anywhere, the place under the law of which the formation took place. 

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

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Article 61 

Without prejudice to any more favourable provisions of national laws, persons domiciled in a 
State  bound  by  this  Convention  who  are  being  prosecuted  in  the  criminal  courts  of  another 
State bound by this Convention of which they are not nationals for an offence which was not 
intentionally committed may be defended by persons qualified to do so, even if they do not 
appear in person. However, the court seised of the matter may order appearance in person; in 
the case of failure to appear, a judgment given in the civil action without the person concerned 
having had the opportunity to arrange for his defence need not be recognised or enforced in 
the other States bound by this Convention. 

Article 62 

For  the  purposes  of  this  Convention,  the  expression  “court”  shall  include  any  authorities 
designated  by  a  State  bound  by  this  Convention  as  having  jurisdiction  in  the  matters  falling 
within the scope of this Convention. 

TITLE VI 

TRANSITIONAL PROVISIONS 

Article 63 

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

2. However, if the proceedings in the State of origin were instituted before the entry into force 
of  this  Convention,  judgments  given  after  that  date  shall  be  recognised  and  enforced  in 
accordance with Title III: 

(a) 

if the proceedings in the State of origin were instituted after the entry into force 
of the Lugano Convention of 16 September 1988 both in the State of origin and in the State 
addressed; 

(b) 

in all other cases, if jurisdiction was founded upon rules which accorded with 
those provided for either in Title II or in a convention concluded between the State of origin 
and the State addressed which was in force when the proceedings were instituted. 

TITLE VII 

RELATIONSHIP TO COUNCIL REGULATION (EC) No 44/2001 AND OTHER 
INSTRUMENTS 

Article 64 

1. This Convention shall not prejudice the application by the Member States of the European 
Community of the Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and 
enforcement of judgments in civil and commercial matters, as well as any amendments thereof, 
of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial 
Matters, signed at Brussels on 27 September 1968, and of the Protocol on interpretation of that 

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Convention by the Court of Justice of the European Communities, signed at Luxembourg on 3 
June 1971, as amended by the Conventions of Accession to the said Convention and the said 
Protocol  by  the  States  acceding  to  the  European  Communities,  as  well  as  of  the  Agreement 
between  the  European  Community  and  the  Kingdom  of  Denmark  on  jurisdiction  and  the 
recognition and enforcement of judgments in civil and commercial matters, signed at Brussels 
on 19 October 2005. 

2. However, this Convention shall in any event be applied: 

(a) 

in matters of jurisdiction, where the defendant is domiciled in the territory of a 
State where this Convention but not an instrument referred to in paragraph 1 of this Article 
applies, or where Articles 22 or 23 of this Convention confer jurisdiction on the courts of such 
a State; 

(b) 

in relation to lis pendens or to related actions as provided for in Articles 27 and 
28,  when  proceedings  are  instituted  in  a  State  where  the  Convention  but  not  an  instrument 
referred to in paragraph 1 of this Article applies and in a State where this Convention as well 
as an instrument referred to in paragraph 1 of this Article apply; 

(c) 

in matters of recognition and enforcement, where either the State of origin or 

the State addressed is not applying an instrument referred to in paragraph 1 of this Article. 

3.  In  addition  to  the  grounds  provided  for  in  Title III,  recognition  or  enforcement  may  be 
refused  if  the  ground  of  jurisdiction  on  which  the  judgment  has  been  based  differs  from  that 
resulting from this Convention and recognition or enforcement is sought against a party who is 
domiciled in a State where this Convention but not an instrument referred to in paragraph 1 of 
this  Article  applies,  unless  the  judgment  may  otherwise  be  recognised  or  enforced  under  any 
rule of law in the State addressed. 

Article 65 

Subject to the provisions of Articles 63(2), 66 and 67, this Convention shall, as between the 
States bound by this Convention, supersede the conventions concluded between two or more 
of them that cover the same matters as those to which this Convention applies. In particular, 
the conventions mentioned in Annex VII are superseded. 

Article 66 

1. The conventions referred to in Article 65 shall continue to have effect in relation to matters 
to which this Convention does not apply. 

2. They shall continue to have effect in respect of judgments given and documents formally 
drawn up or registered as authentic instruments before the entry into force of this Convention. 

Article 67 

1. This Convention shall not affect any conventions by which the Contracting Parties and/or 
the  States  bound  by  this  Convention  are  bound  and  which  in  relation  to  particular  matters, 
govern  jurisdiction  or  the  recognition  or  enforcement  of  judgments.  Without  prejudice  to 
obligations  resulting  from  other  agreements  between  certain  Contracting  Parties,  this 
Convention shall not prevent Contracting Parties from entering into such conventions. 

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2.  This  Convention  shall  not  prevent  a  court  of  a  State  bound  by  this  Convention  and  by  a 
convention  on  a  particular  matter  from  assuming  jurisdiction  in  accordance  with  that 
convention, even where the defendant is domiciled in another State bound by this Convention 
which is not a party to that convention. The court hearing the action shall, in any event, apply 
Article 26 of this Convention. 

3.  Judgments  given  in  a  State  bound  by  this  Convention  by  a  court  in  the  exercise  of 
jurisdiction  provided  for  in  a  convention  on  a  particular  matter  shall  be  recognised  and 
enforced  in  the  other  States  bound  by  this  Convention  in  accordance  with  Title  III  of  this 
Convention. 

4.  In  addition  to  the  grounds  provided  for  in  Title  III,  recognition  or  enforcement  may  be 
refused if the State addressed is not bound by the convention on a particular matter and the 
person against whom recognition or enforcement is sought is domiciled in that State, or, if the 
State addressed is a Member State of the European Community and in respect of conventions 
which would have to be concluded by the European Community, in any of its Member States, 
unless  the  judgment  may  otherwise  be  recognised  or  enforced  under  any  rule  of  law  in  the 
State addressed. 

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

Article 68 

1.  This  Convention  shall  not  affect  agreements  by  which  States  bound  by  this  Convention 
undertook, prior to the entry into force of this Convention, not to recognise judgments given 
in other States bound by this Convention against defendants domiciled or habitually resident 
in a third State where, in cases provided for in Article 4, the judgment could only be founded 
on  a  ground  of  jurisdiction  as  specified  in  Article  3(2).  Without  prejudice  to  obligations 
resulting  from  other  agreements  between  certain  Contracting  Parties,  this  Convention  shall 
not prevent Contracting Parties from entering into such conventions.  

2.  However,  a  Contracting  Party  may  not  assume  an  obligation  towards  a  third  State  not  to 
recognise a judgment given in another State bound by this Convention by a court basing its 
jurisdiction  on  the  presence  within  that  State  of  property  belonging  to  the  defendant,  or  the 
seizure by the plaintiff of property situated there: 

(a) 

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

(b) 
the action. 

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

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TITLE VIII 

FINAL PROVISIONS 

Article 69 

1. This Convention shall be open for signature by the European Community, Denmark, and 
States  which,  at  the  time  of  the  opening  for  signature,  are  Members  of  the  European  Free 
Trade Association. 

2.  The  Convention  shall  be  subject  to  ratification  by  the  Signatories.  The  instruments  of 
ratification shall be deposited with the Swiss Federal Council, which shall act as Depositary 
of this Convention. 

3.  At  the  time  of  the  ratification,  the  Contracting  Parties  may  submit  declarations  in 
accordance with Articles I, II and III of Protocol 1. 

4. The Convention shall enter into force on the first day of the sixth month following the date 
on which the European Community and a Member of the European Free Trade Association 
deposit their instruments of ratification. 

5. The Convention shall enter into force in relation to any other Party on the first day of the 
third month following the deposit of its instrument of ratification.  

6.  Without  prejudice  to  Article  3(3)  of  Protocol  2,  this  Convention  shall  replace  the 
Convention on jurisdiction and the enforcement of judgments in civil and commercial matters 
done at Lugano on 16 September 1988 as of the date of its entry into force in accordance with 
paragraphs 4 and 5 above. Any reference to the 1988 Lugano Convention in other instruments 
shall be understood as a reference to this Convention. 

7.  Insofar  as  the  relations  between  the  Member  States  of  the  European  Community  and  the 
non-European  territories  referred  to  in  Article  70(1)(b)  are  concerned,  the  Convention  shall 
replace  the  Convention  on  Jurisdiction  and  the  Enforcement  of  Judgments  in  Civil  and 
Commercial  Matters,  signed  at  Brussels  on  27 September  1968,  and  of  the  Protocol  on 
interpretation of that Convention by the Court of Justice of the European Communities, signed 
at  Luxembourg  on  3  June  1971,  as  amended  by  the  Conventions  of  Accession  to  the  said 
Convention and the said Protocol by the States acceding to the European Communities, as of 
the date of the entry into force of this Convention with respect to these territories in accordance 
with Article 73(2). 

Article 70 

(1) 

1. After entering into force this Convention shall be open for accession by: 

(a) 

the  States  which,  after  the  opening  of  this  Convention  for  signature,  become 
Members of the European Free Trade Association, under the conditions laid down in Article 
71;  

(b)  Member  States  of  the  European  Community  acting  on  behalf  of  certain  non-
European territories that are part of the territory of that Member State or for whose external 
relations that Member State is responsible, under the conditions laid down in Article 71; 

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(c) 

any other State, under the conditions laid down in Article 72. 

(2) 

2.  States  referred  to  in  paragraph  1,  which  wish  to  become  a  Contracting 
Party  to  this  Convention,  shall  address  their  application  to  the  Depositary. 
The  application,  including  the  information  referred  to  in  Articles  71  and  72 
shall be accompanied by a translation into English and French. 

Article 71 

1. Any State referred to in Article 70(1)(a) and (b) wishing to become a Contracting Party to 
this Convention 

(a) 

shall  communicate  the  information  required  for  the  application  of  this 

Convention; 

(b) 

may submit declarations in accordance with Articles I and III of Protocol 1. 

2. The Depositary shall transmit any information received pursuant to paragraph 1 to the other 
Contracting Parties prior to the deposit of the instrument of accession by the State concerned. 

Article 72 

1.  Any  State  referred  to  in  Article  70(1)(c)  wishing  to  become  a  Contracting  Party  to  this 
Convention 

(a) 

shall  communicate  the  information  required  for  the  application  of  this 

Convention; 

(b) 

may  submit  declarations  in  accordance  with  Articles  I  and  III  of  Protocol 1; 

and 

(c) 

shall provide the Depositary with information on, in particular: 

–  (1) their 

judicial  system, 

including 

information  on 

the  appointment  and 

independence of judges; 

–  (2) their  internal  law  concerning  civil  procedure  and  enforcement  of  judgments; 

and 

–  (3) their private international law relating to civil procedure. 

2. The Depositary shall transmit any information received pursuant to paragraph 1 to the other 
Contracting  Parties  prior  to  inviting  the  State  concerned  to  accede  in  accordance  with 
paragraph 3 of this Article. 

3. Without prejudice to paragraph 4, the Depositary shall invite the State concerned to accede 
only  if  it  has  obtained  the  unanimous  agreement  of  the  Contracting  Parties.  The  Contracting 
Parties shall endeavour to give their consent at the latest within one year after the invitation by 
the Depositary. 

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4. The Convention shall enter into force only in relations  between  the acceding  State  and  the 
Contracting Parties which have not made any objections to the accession before the first day of 
the third month following the deposit of the instrument of accession. 

Article 73 

1. The instruments of accession shall be deposited with the Depositary. 

2. In respect of an acceding State referred to in Article 70, the Convention shall enter into force 
on the first day of the third month following the deposit of its instrument of accession. As of 
that moment, the acceding State shall be considered a Contracting Party to the Convention. 

3.  Any  Contracting  Party  may  submit  to  the  Depositary  a  text  of  this  Convention  in  the 
language or languages of the Contracting Party concerned, which shall be authentic if so agreed 
by the Contracting Parties in accordance with Article 4 of Protocol 2. 

1. This Convention is concluded for an unlimited period. 

Article 74 

2.  Any  Contracting  Party  may,  at  any  time,  denounce  the  Convention  by  sending  a 
notification to the Depositary. 

3. The denunciation shall take effect at the end of the calendar year following the expiry of a 
period  of  six  months  from  the  date  of  receipt  by  the  Depositary  of  the  notification  of 
denunciation. 

The following are annexed to this Convention: 

Article 75 

- 

- 

a Protocol 1, on certain questions of jurisdiction, procedure and enforcement; 

a  Protocol  2,  on  the  uniform  interpretation  of  this  Convention  and  on  the 

Standing Committee; 

- 

- 

a Protocol 3, on the application of Article 67 of this Convention; 

Annexes  I  through  IV  and  Annex  VII,  with  information  related  to  the 

application of this Convention;  

- 

Annexes V and VI, containing the certificates referred to in Articles 54, 58 and 

57 of this Convention; 

- 
Convention; and 

Annex VIII, containing the authentic languages referred to in Article 79 of this 

- 

Annex IX, concerning the application of Article II of Protocol 1. 

These Protocols and Annexes shall form an integral part of this Convention. 

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Article 76 

Without  prejudice  to  Article  77,  any  Contracting  Party  may  request  the  revision  of  this 
Convention. To that end, the Depositary shall convene the Standing Committee as laid down 
in Article 4 of Protocol 2. 

Article 77 

1. The Contracting Parties shall communicate to the Depositary the text of any provisions of 
the laws which amend the lists set out in Annexes I through IV as well as any deletions in or 
additions  to  the  list  set  out  in  Annex  VII  and  the  date  of  their  entry  into  force.  Such 
communication  shall  be  made  within  reasonable  time  before  the  entry  into  force  and  be 
accompanied  by  a  translation  into  English  and  French.  The  Depositary  shall  adapt  the 
Annexes  concerned  accordingly,  after  having  consulted  the  Standing  Committee  in 
accordance  with  Article  4  of  Protocol  2.  For  that  purpose,  the  Contracting  Parties  shall 
provide a translation of the adaptations into their languages. 

2. Any amendment of the Annexes V through VI and VIII through IX to this Convention shall 
be adopted by the Standing Committee in accordance with Article 4 of Protocol 2. 

Article 78 

1. The Depositary shall notify the Contracting Parties of: 

(a) 

the deposit of each instrument of ratification or accession; 

(b) 

the  dates  of  entry  into  force  of  this  Convention  in  respect  of  the  Contracting 

Parties; 

(c) 

any declaration received pursuant to Articles I to IV of Protocol 1; 

(d) 

any  communication  made  pursuant  to  Article  74(2),  Article  77(1)  and 

paragraph 4 of Protocol 3. 

2. The notifications will be accompanied by translations into English and French. 

Article 79 

This Convention, drawn up in a single original in the languages listed in Annex VIII, all texts 
being equally authentic, shall be deposited in the Swiss Federal Archives. The Swiss Federal 
Council shall transmit a certified copy to each Contracting Party. 

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PROTOCOL 1 on certain questions of jurisdiction, procedure and enforcement 

THE HIGH CONTRACTING PARTIES HAVE AGREED AS FOLLOWS: 

Article I 

1.  Judicial  and  extrajudicial  documents  drawn  up  in  one  State  bound  by  this  Convention 
which  have  to  be  served  on  persons  in  another  State  bound  by  this  Convention  shall  be 
transmitted in accordance with the procedures laid down in the conventions and agreements 
applicable between these States. 

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

3.  Member  States  of  the  European  Community  bound  by  Council  Regulation  (EC)  No 
1348/2000  of  29  May  2000  or  by  the  Agreement  between  the  European  Community  and  the 
Kingdom  of  Denmark  on  the  service  of  judicial  and  extrajudicial  documents  in  civil  or 
commercial matters, signed at Brussels on 19 October 2005, shall apply in their mutual relations 
that Regulation and that Agreement. 

Article II 

1. The jurisdiction specified in Articles 6(2) and 11 in actions on a warranty or guarantee or in 
any  other  third  party  proceedings  may  not  be  fully  resorted  to  in  the  States  bound  by  this 
Convention  referred  to  in  Annex  IX.  Any  person  domiciled  in  another  State  bound  by  this 
Convention may be sued in the courts of these States pursuant to the rules referred to in Annex 
IX. 

2. At the time of ratification the European Community may declare that proceedings referred 
to in Articles 6(2) and 11 may not be resorted to in some other Member States and provide 
information on the rules that shall apply. 

3. Judgments given in the other States bound by this Convention by virtue of Article 6(2) or 
Article 11 shall be recognised and enforced in the States mentioned in paragraphs 1 and 2 in 
accordance  with  Title  III.  Any  effects  which  judgments  given  in  these  States  may  have  on 
third parties by application of the provisions in paragraphs 1 and 2 shall also be recognised in 
the other States bound by this Convention. 

Article III 

1. Switzerland reserves the right to declare upon ratification that it will not apply the following 
part of the provision in Article 34(2): 

”unless  the  defendant  failed  to  commence  proceedings  to  challenge  the  judgment 
when it was possible for him to do so”. 

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If  Switzerland  makes  such  declaration,  the  other  Contracting  Parties  shall  apply  the  same 
reservation in respect of judgments rendered by the courts of Switzerland. 

2. Contracting Parties may, in respect of judgments rendered in an acceding State referred to in 
Article 70(1)(c), by declaration reserve: 

(a) 

the right mentioned in paragraph 1, and 

(b) 

the right of an authority mentioned in Article 39, notwithstanding the provisions 
of  Article  41,  to  examine  of  its  own  motion  whether  any  of  the  grounds  for  refusal  of 
recognition and enforcement of a judgment is present or not.  

3. If a Contracting Party has made such a reservation towards an acceding State as referred to in 
paragraph  2,  this  acceding  State  may  by  declaration  reserve  the  same  right  in  respect  of 
judgments rendered by the courts of that Contracting Party. 

4. Except for the reservation mentioned in paragraph 1, the declarations are valid for periods of 
five  years  and  are  renewable  at  the  end  of  such  periods.  The  Contracting  Party  shall  notify  a 
renewal of a declaration referred to under paragraph 2 not later than six months prior to the end 
of such period. An acceding State may only renew its declaration made under paragraph 3 after 
renewal of the respective declaration under paragraph 2. 

Article IV 

The declarations referred to in this Protocol may be withdrawn at any time by notification to the 
Depositary. The notification shall be accompanied by a translation into English and French. The 
Contracting Parties provide for translations into their languages. Any such withdrawal shall take 
effect as of the first day of the third month following that notification. 

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PROTOCOL 2 on the uniform interpretation of the Convention and on the Standing 
Committee 

PREAMBLE 

THE HIGH CONTRACTING PARTIES, 

HAVING REGARD to Article 75 of this Convention, 

CONSIDERING the substantial link between this Convention, the 1988 Lugano Convention, 
and the instruments referred to in Article 64(1) of this Convention,  

CONSIDERING  that  the  Court  of  Justice  of  the  European  Communities  has  jurisdiction  to 
give  rulings  on  the  interpretation  of  the  provisions  of  the  instruments  referred  to  in  Article 
64(1) of this Convention, 

CONSIDERING that this Convention becomes part of Community rules and that therefore the 
Court  of  Justice  of  the  European  Communities  has  jurisdiction  to  give  rulings  on  the 
interpretation of the provisions of this Convention as regards the application by the courts of 
the Member States of the European Community, 

BEING  AWARE  of  the  rulings  delivered  by  the  Court  of  Justice  of  the  European 
Communities  on  the  interpretation  of  the  instruments  referred  to  in  Article  64(1)  of  this 
Convention up to the time of signature of this Convention, and of the rulings delivered by the 
courts of the Contracting Parties to the 1988 Lugano Convention on the latter Convention up 
to the time of signature of this Convention, 

CONSIDERING that the parallel revision of both the 1988 Lugano and Brussels Conventions, 
which led to the conclusion of a revised text for these Conventions, was substantially based 
on the above mentioned rulings on the 1968 Brussels and the 1988 Lugano Conventions,  

CONSIDERING that the revised text of the Brussels Convention has been incorporated, after 
the entry into force of the Amsterdam Treaty, into Regulation (EC) No 44/2001, 

CONSIDERING  that  this  revised  text  also  constituted  the  basis  for  the  text  of  this 
Convention, 

DESIRING  to  prevent,  in  full  deference  to  the  independence  of  the  courts,  divergent 
interpretations and to arrive at an interpretation as uniform as possible of the provisions of this 
Convention  and  of  those  of  the  Regulation  (EC)  No  44/2001  which  are  substantially 
reproduced  in  this  Convention  and  of  other  instruments  referred  to  in  Art.  64(1)  of  this 
Convention, 

HAVE AGREED AS FOLLOWS: 

Article 1 

1. Any court applying and interpreting this Convention shall pay due account to the principles 
laid  down  by  any  relevant  decision  concerning  the  provision(s)  concerned  or  any  similar 
provision(s) of the 1988 Lugano Convention and the instruments referred to in Article 64(1) 
of this Convention rendered by the courts of the States bound by this Convention and by the 
Court of Justice of the European Communities. 

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2. For the courts of Member States of the European Community, the obligation laid down in 
paragraph  1  shall  apply  without  prejudice  to  their  obligations  in  relation  to  the  Court  of 
Justice  of  the  European  Communities  resulting  from  the  Treaty  establishing  the  European 
Community  or  from  the  Agreement  between  the  European  Community  and  the  Kingdom  of 
Denmark  on  jurisdiction  and  the  recognition  and  enforcement  of  judgments  in  civil  and 
commercial matters, signed at Brussels on 19 October 2005. 

Article 2 

Any  State  bound  by  this  Convention  and  which  is  not  a  Member  State  of  the  European 
Community  is  entitled  to  submit  statements  of  case  or  written  observations,  in  accordance 
with  Article  23  of  the  Protocol  on  the  Statute  of  the  Court  of  Justice  of  the  European 
Communities, where a court or tribunal of a Member State of the European Community refers 
to  the  Court  of  Justice  for  a  preliminary  ruling  a  question  on  the  interpretation  of  this 
Convention or of the instruments referred to in Article 64(1) of this Convention. 

Article 3 

1.  The  Commission  of  the  European  Communities  shall  set  up  a  system  of  exchange  of 
information concerning relevant judgments delivered pursuant to this Convention as well as 
relevant  judgments  under  the  1988  Lugano  Convention  and  the  instruments  referred  to  in 
Article  64(1)  of  this  Convention.  This  system  shall  be  accessible  to  the  public  and  contain 
judgments delivered by the courts of last instance and of the Court of Justice of the European 
Communities  as  well  as  judgments  of  particular  importance  which  have  become  final  and 
have  been  delivered  pursuant  to  this  Convention,  the  1988  Lugano  Convention,  and  the 
instruments referred to in Article 64(1) of this Convention. The judgments shall be classified 
and provided with an abstract. 

The system shall comprise the transmission to the Commission by the competent authorities 
of  the  States  bound  by  this  Convention  of  judgments  as  referred  to  above  delivered  by  the 
courts of these States. 

2. A selection of cases of particular interest for the proper functioning of the Convention will 
be  made  by  the  Registrar  of  the  Court  of  Justice  of  the  European  Communities,  who  shall 
present  the  selected  case  law  at  the  meeting  of  experts  in  accordance  with  Article  5  of  this 
Protocol. 

3. Until the European Communities have set up the system pursuant to paragraph 1, the Court 
of  Justice  of  the  European  Communities  shall  maintain  the  system  for  the  exchange  of 
information  established  by  Protocol  2  of  the  1988  Lugano  Convention  for  judgments 
delivered under this Convention and the 1988 Lugano Convention. 

Article 4 

1. A Standing Committee shall be set up, composed of the representatives of the Contracting 
Parties.  

2.  At  the  request  of  a  Contracting  Party,  the  Depositary  of  the  Convention  shall  convene 
meetings of the Committee for the purpose of: 

–  a  consultation  on  the  relationship  between  this  Convention  and  other  international 

instruments; 

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–  a  consultation  on  the  application  of  Article  67,  including  intended  accessions  to 
instruments  on  particular  matters  according  to  Article  67(1)  and  proposed  legislation 
according to Protocol 3; 

–  the  consideration  of  the  accession  of  new  States.  In  particular,  the  Committee  may  ask 
acceding States referred to in Article 70(1)(c) questions about its judicial system and the 
implementation of the Convention. The Committee may also consider possible adaptations 
to the Convention necessary for its application in the acceding States;  

–  the  acceptance  of  new  authentic  language  versions  pursuant  to  Article  73(3)  of  this 

Convention and the necessary amendments to Annex VIII;  

–  a consultation on a revision of the Convention pursuant to Article 76; 

–  a consultation on amendments to Annexes I through IV and Annex VII pursuant to Article 

77(1); 

–  the adoption of amendments to Annexes V and VI pursuant to Article 77(2); 

–  a withdrawal of the reservations and declarations made by the Contracting Parties pursuant 

to Protocol 1 and necessary amendments to Annex IX. 

3. The Committee shall establish the procedural rules concerning its functioning and decision-
making.  These  rules  shall  provide  for  the  possibility  to  consult  and  decide  by  written 
procedure. 

Article 5 

1. The Depositary may convene, whenever necessary, a meeting of experts to exchange views 
on  the  functioning  of  the  Convention,  in  particular  on  the  development  of  the  case-law  and 
new legislation that may influence the application of the Convention. 

2. This meeting shall be composed of experts of the Contracting Parties, of the States bound 
by  this  Convention,  of  the  Court  of  Justice  of  the  European  Communities,  and  of  the 
European  Free  Trade  Association.  It  shall  be  open  to  any  other  experts  whose  presence  is 
deemed appropriate. 

3. Any problems arising on the functioning of the Convention may be referred to the Standing 
Committee referred to in Article 4 of this Protocol for further action. 

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PROTOCOL 3 on the application of Article 67 of the Convention 

THE HIGH CONTRACTING PARTIES HAVE AGREED AS FOLLOWS: 

1.  For  the  purposes  of  the  Convention,  provisions  which,  in  relation  to  particular  matters, 
govern jurisdiction or the recognition or enforcement of judgments and which are or will be 
contained in acts of the institutions of the European Communities shall be treated in the same 
way as the conventions referred to in Article 67(1). 

2. If one of the Contracting Parties is of the opinion that a provision contained in a proposed 
act of the institutions of the European Communities is incompatible with the Convention, the 
Contracting Parties shall promptly consider amending the Convention pursuant to Article 76, 
without prejudice to the procedure established by Protocol 2.  

3.  Where  a  Contracting  Party  or  several  Parties  together  incorporate  some  or  all  of  the 
provisions  contained  in  acts  of  the  institutions  of  the  European  Community  referred  to  in 
paragraph 1 into national law, then these provisions of national law shall be treated in the same 
way as the conventions referred to in Article 67(1). 

4.  The  Contracting  Parties  shall  communicate  to  the  Depositary  the  text  of  the  provisions 
mentioned  in  paragraph  3.  Such  communication  shall  be  accompanied  by  a  translation  into 
English and French. 

EN 

39 

   EN 

 
ANNEX I 

The rules of jurisdiction referred to in Article 3(2) and 4(2) of the Convention are the following: 

in Belgium: Articles 5 through 14 of the Law of 16 July 2004 on private international 

- 
law, 

- 

in Bulgaria: Article 4(1) of the International Private Law Code, 

in  the  Czech  Republic:  Article  86  of  Act  No  99/1963  Coll.,  the  Code  of  Civil 

- 
Procedure (občanský soudní řád), as amended, 

in  Denmark:  Article  246(2)  and  (3)  of  the  Administration  of  Justice  Act  (Lov  om 

- 
rettens pleje), 

- 

in Germany: Article 23 of the code of civil procedure (Zivilprozeßordnung), 

in  Estonia:  Paragraph  86  of  the  Code  of  Civil  Procedure  (tsiviilkohtumenetluse 

- 
seadustik), 

- 

- 

in Greece: Article 40 of the code of civil procedure (Κώδικας Πολιτικής Δικονομίας), 

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

in  Iceland:  Article  32  paragraph  4  of  the  Civil  Proceedings  Act  (Lög  um  medferd 

- 
einkamala nr. 91/1991), 

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 3 and 4 law 218 of 31 May 1995, 

in Cyprus: section 21(2) of the Courts of Justice Law No 14 of 1960, as amended, 

in Latvia: section 27 and paragraphs 3, 5, 6 and 9 of section 28 of the Civil Procedure 

- 
Law (Civilprocesa likums), 

- 

- 

in Lithuania: Article 31 of the Code of Civil Procedure (Civilinio proceso kodeksas), 

in Luxembourg: Articles 14 and 15 of the civil code (Code civil), 

in Hungary: Article 57 of Law Decree No. 13 of 1979 on International Private Law (a 

- 
nemzetközi magánjogról szóló 1979. évi 13. törvényerejű rendelet), 

- 
in Malta: Articles 742, 743 and 744 of the Code of Organisation and Civil Procedure - 
Cap.  12  (Kodiċi  ta'  Organizzazzjoni  u  Proċedura  Ċivili  -  Kap.  12)  and  Article  549  of  the 
Commercial Code - Cap. 13 (Kodiċi tal-kummerċ - Kap. 13), 

- 

- 

EN 

in Norway: Section 4-3(2) second sentence of the Dispute Act (tvisteloven), 

in Austria: Article 99 of the Law on court Jurisdiction (Jurisdiktionsnorm), 

40 

   EN 

 
- 
in  Poland:  Articles  1103  and  1110  of  the  Code  of  Civil  Procedure  (Kodeks 
postępowania cywilnego), insofar as they establish jurisdiction on the basis of the defendant’s 
residence in Poland, the possession by the defendant of property in Poland or his entitlement 
to property rights in Poland, the fact that the object of the dispute is located in Poland and the 
fact that one of the parties is a Polish citizen, 

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

in  Romania:  Articles  148-157  of  Law  No.  105/1992  on  Private  International  Law 

- 
Relations, 

- 
in Slovenia: Article 48(2) of the Private International Law and Procedure Act (Zakon o 
medarodnem zasebnem pravu in postopku) in relation to Article 47(2) of Civil Procedure Act 
(Zakon o pravdnem postopku) and Article 58 of the Private International Law and Procedure 
Act  (Zakon  o  medarodnem  zasebnem  pravu  in  postopku)  in  relation  to  Article  59  of  Civil 
Procedure Act (Zakon o pravdnem postopku), 

in  Slovakia:  Articles  37  to  37e  of  Act No 97/1963 on Private International Law and 

- 
the Rules of Procedure relating thereto, 

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

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), 

in Sweden: the first sentence of the first paragraph of Section 3 of Chapter 10 of the 

- 
Code of Judicial Procedure (rättegångsbalken), 

- 

in the United Kingdom: the rules which enable jurisdiction to be founded on: 

(a) 

the document instituting the proceedings having been served on the defendant 

during his temporary presence in the United Kingdom, or 

(b) 

the  presence  within  the  United  Kingdom  of  property  belonging  to  the 

defendant, or 

(c) 

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

EN 

41 

   EN 

 
 
 
 
ANNEX II 

The  courts  or  competent  authorities  to  which  the  application  referred  to  in  Article  39  of  the 
Convention may be submitted are the following: 

in  Belgium:  the  “tribunal  de  première  instance”  or  “rechtbank  van  eerste  aanleg”  or 

- 
"erstinstanzliches Gericht", 

- 

- 

- 

- 

in Bulgaria: the "Софийски градски съд", 

in the Czech Republic: the “okresní soud” or “soudní exekutor”, 

in Denmark: the "byret", 

in Germany: 

(a) 

the presiding judge of a chamber of the "Landgericht”, 

(b) 
instrument, 

a  notary  in  a  procedure  of  declaration  of  enforceability  of  an  authentic 

- 

- 

- 

- 

in Estonia: the “maakohus” (county court), 

in Greece: the "Μονομελές Πρωτοδικείο", 

in Spain: the "Juzgado de Primera Instancia”, 

in France: 

(a) 

the "greffier en chef du tribunal de grande instance”, 

(b) 

the  "président  de  la  chambre  départementale  des  notaires"  in  the  case  of 

application for a declaration of enforceability of a notarial authentic instrument, 

- 

- 

- 

in Ireland: the High Court, 

in Iceland,:the "heradsdomur”, 

in Italy: the "corte d'appello", 

in Cyprus: the “Επαρχιακό Δικαστήριο” or in the case of a maintenance judgment the 

- 
“Οικογενειακό Δικαστήριο”, 

- 

- 

- 

in Latvia: the “rajona (pilsētas) tiesa”, 

in Lithuania: the “Lietuvos apeliacinis teismas”, 

in Luxembourg: the presiding judge of the "tribunal d'arrondissement”, 

in Hungary: the “megyei bíróság székhelyén működő helyi bíróság”, and in Budapest 

- 
the “Budai Központi Kerületi Bíróság”, 

EN 

42 

   EN 

 
 
 
 
 
- 
in  Malta:  the  “Prim'  Awla  tal-Qorti  Ċivili”  or  “Qorti  tal-Maġistrati  ta'  Għawdex  fil-
ġurisdizzjoni  superjuri  tagħha”,  or,  in  the  case  of  a  maintenance  judgment,  the  “Reġistratur 
tal-Qorti” on transmission by the “Ministru responsabbli għall-Ġustizzja”, 

- 

- 

- 

- 

- 

- 

- 

in the Netherlands: the "voorzieningenrechter van de rechtbank", 

in Norway: the "tingrett", 

in Austria: the "Bezirksgericht“, 

in Poland: the “sąd okręgowy”, 

in Portugal: the "Tribunal de Comarca", 

in Romania: the "Tribunal", 

in Slovenia: the "okrožno sodišče”, 

in  Slovakia:  the  court  of  appeal  through  the  district  court  whose  decision  is  being 

- 
appealed, 

- 

in Switzerland:  

(a) 

in respect of judgments ordering the payment of a sum of money, the "juge de 
la  mainlevée"  /"Rechtsöffnungsrichter"  /"giudice  competente  a  pronunciare  sul  rigetto 
dell'opposizione", within the framework of the procedure governed by Articles 80 and 81 of 
the loi fédérale sur la poursuite pour dettes et la faillite / Bundesgesetz über Schuldbetreibung 
und Konkurs / legge federale sulla esecuzione e sul fallimento. 

(b) 

in  respect  of  judgments  ordering  a  performance  other  than  the  payment  of  a 
sum  of  money,  the  "juge  cantonal  d'exequatur"  compétent  /  zuständiger  "kantonaler 
Vollstreckungsrichter" /"giudice cantonale" competente a pronunciare l'exequatur, 

- 

- 

- 

in Finland: the "käräjäoikeus/ tingsrätt", 

in Sweden: the "Svea hovrätt", 

in the United Kingdom:  

(a) 

in  England  and  Wales,  the  High  Court  of  Justice,  or  in  the  case  of  a 

maintenance judgment to the Magistrates' Court on transmission by the Secretary of State, 

(b) 

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

the Sheriff Court on transmission by the Secretary of State, 

(c)in  Northern  Ireland,  the  High  Court  of  Justice,  or  in  the  case  of  a  maintenance 

judgment to the Magistrates' Court on transmission by the Secretary of State, 

(d) 

in Gibraltar, the Supreme Court of Gibraltar, or in the  case of a maintenance 

judgment, the Magistrates’ Court on transmission by the Attorney General of Gibraltar. 

EN 

43 

   EN 

 
 
 
 
 
 
 
ANNEX III 

The courts with which appeals referred to in Article 43(2) of the Convention may be lodged are 
the following: 

- 

in Belgium: 

(a) 

as  regards  appeal  by  the  defendant,  the  "tribunal  de  première  instance"  or 

"rechtbank van eerste aanleg" or "erstinstanzliche Gericht”, 

(b) 

as regards appeal by the applicant: the "cour d’appel” or "hof van beroep”, 

- 

- 

- 

- 

- 

- 

in Bulgaria: the "Апелативен съд - София", 

in the Czech Republic: the court of appeal through the district court, 

in Denmark: the "landsret”, 

in the Federal Republic of Germany: the "Oberlandesgericht”, 

in Estonia: the “ringkonnakohus”, 

in Greece: the "Εφετείο", 

in Spain: el "Juzgado de Primera Instancia" que dictó la resolución recurrida para ser 

- 
resuelto el recurso por la Audiencia Provincial, 

- 

in France: 

(a) 

the "cour d’appel" on decisions allowing the application, 

(b) 
the application, 

the presiding judge of the "tribunal de grande instance", on decisions rejecting 

- 

- 

- 

in Ireland: the High Court, 

in Iceland: the "heradsdomur", 

in Italy: the "corte d'appello”, 

in Cyprus: the “Επαρχιακό Δικαστήριο” or in the case of a maintenance judgment the 

- 
“Οικογενειακό Δικαστήριο”, 

- 

- 

in Latvia: the “Apgabaltiesa” via the “rajona (pilsētas) tiesa”, 

in Lithuania: the "Lietuvos apeliacinis teismas”, 

- in Luxembourg: the "Cour supérieure de justice" sitting as a court of civil appeal, 

- 
in Hungary: the local court  situated at the seat of the county court (in Budapest, the 
Central District Court of Buda); the appeal is adjudicated by the county court (in Budapest, 
the Capital Court), 

EN 

44 

   EN 

 
 
 
 
 
- 
in  Malta:  the  “Qorti  ta'  l-Appell”  in  accordance  with  the  procedure  laid  down  for 
appeals  in  the  Kodiċi  ta'  Organizzazzjoni  u  Proċedura  Ċivili  -  Kap.12  or  in  the  case  of  a 
maintenance judgment by “ċitazzjoni” before the “Prim' Awla tal-Qorti ivili jew il-Qorti tal-
Maġistrati ta' Għawdex fil-ġurisdizzjoni superjuri tagħha'”, 

- 

in the Netherlands: 

(a) 

for the defendant: the “arrondissementsrechtbank”, 

(b) 

for the applicant: the “gerechtshof”, 

in Norway: the “lagmannsrett”, 

in Austria: the “Landesgericht“ via the “Bezirksgericht”, 

in Poland: the “sąd apelacyjny” via the “sąd okręgowy”, 

- 

- 

- 

- 
In  Portugal:  the  “Tribunal  da  Relação”  is  the  competent  court.  The  appeals  are 
launched, in accordance with the national law in force, by way of a request addressed to the 
court which issued the contested decision., 

- 

- 

- 

- 

- 

- 

- 

in Romania: the "Curte de Apel", 

in Slovenia: the “okrožno sodišče”, 

in Slovakia: the “okresný súd”, 

in Switzerland: the “tribunal cantonal /Kantonsgericht / tribunale cantonale", 

in Finland: the “hovioikeus / hovrätt”, 

in Sweden: the ”Svea hovrätt”, 

in the United Kingdom:  

(a) 

in  England  and  Wales,  the  High  Court  of  Justice,  or  in  the  case  of  a 

maintenance judgment the Magistrates' Court, 

(b) 

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

Sheriff Court, 

(c) 

in Northern Ireland, the High Court of Justice, or in the case of a maintenance 

judgment the Magistrates' Court, 

(d) 

in Gibraltar, the Supreme Court of Gibraltar, of in the  case of a maintenance 

judgment, the Magistrates’ Court. 

EN 

45 

   EN 

 
 
 
 
 
 
 
ANNEX IV 

The appeals which may be lodged pursuant to Article 44 of the Convention are the following: 

in  Belgium:  Greece,  Spain,  France,  Italy,  Luxembourg  and  in  the  Netherlands,  an 

- 
appeal in cassation, 

- 

- 

in Bulgaria: "обжалване пред Върховния касационен съд", 

in the Czech Republic: a “dovolání” and a “žaloba pro zmatečnost”, 

in  Denmark:  an  appeal 

- 
“Procesbevillingsnævnet”, 

to 

the 

"højesteret",  with 

the 

leave  of 

the 

- 

- 

- 

- 

- 

- 

- 

- 

in the Federal Republic of Germany: a "Rechtsbeschwerde", 

in Estonia: a “kassatsioonikaebus”, 

in Ireland: an appeal on a point of law to the Supreme Court, 

in Iceland: an appeal to the "Hæstiréttur", 

in Cyprus: an appeal to the Supreme Court, 

in Latvia: an appeal to the “Augstākās tiesas Senāts“ via the “Apgabaltiesa”, 

in Lithuania: an appeal to the "Lietuvos Aukščiausiasis Teismas", 

in Hungary: “felülvizsgálati kérelem”, 

- 
in  Malta:  no  further  appeal  lies  to  any  other  court;  in  the  case  of  a  maintenance 
judgment the “Qorti ta' l-Appell” in accordance with the procedure laid down for appeal in the 
“kodiċi ta' Organizzazzjoni u Procedura Ċivili - Kap. 12”, 

- 

- 

- 

- 

- 

- 

- 

in Norway: an appeal to the "Hoeyesteretts Ankeutvalg" or "Hoeyesterett", 

in Austria: a "Revisionsrekurs", 

in Poland: “skarga kasacyjna”, 

in Portugal: an appeal on a point of law, 

in Romania: a "contestatie in anulare" or a "revizuire", 

in Slovenia: an appeal to the ”Vrhovno sodišče Republike Slovenije”, 

in Slovakia: the “dovolanie”, 

in  Switzerland:  a  "recours  devant  le  Tribunal  fédéral"  /  "Beschwerde  beim 

- 
Bundesgericht" / "ricorso davanti al Tribunale federale", 

- 

in Finland: an appeal to the "korkein oikeus / högsta domstolen", 

EN 

46 

   EN 

 
- 

- 

in Sweden: an appeal to the “Högsta domstolen”, 

in the United Kingdom: a single further appeal on a point of law. 

EN 

47 

   EN 

 
 ANNEX V 

Certificate referred to in Articles 54 and 58 of the Convention on judgments and court settlements 

1. 

2. 

Country of origin 

Court or competent authority issuing the certificate 

2.1.  Name   

2.2.  Address 

2.3. 

Tel/Fax/E-mail 

3. 

Court which delivered the judgment /approved the court settlement* 

3.1. 

Type of court   

3.2. 

Place of court   

4. 

Judgment/court settlement* 

4.1.  Date 

4.2.  Reference number 

4.3. 

The parties to the judgment/court settlement* 

4.3.1. Name(s) of plaintiff(s) 

4.3.2. Name(s) of defendant(s 

4.3.3. Name(s) of other party(ies), if any 

4.4.  Date  of  service  of  the  document  instituting  the  proceedings  where  judgment 

was given in default of appearance 

4.5. 

Text of the judgment/court settlement* as annexed to this certificate 

5. 

Names of parties to whom legal aid has been granted 

The judgment/court settlement* is enforceable in the State of origin (Article 38/58 of the Convention) 
against : 

Name :   

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

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

* 

Delete as appropriate 

EN 

48 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX VI 

Certificate referred to in Article 57(4) of the Convention on authentic instruments 

1. 

2. 

Country of origin 

Court or competent authority issuing the certificate 

2.1.  Name   

2.2.  Address 

2.3. 

Tel/Fax/E-mail 

3. 

Authority which has given authenticity to the instrument 

3.1.  Authority involved in the drawing up of the authentic instrument (if applicable) 

3.1.1.  Name and designation of authority 

3.1.2.  Place of authority 

3.2.  Authority which has registered the authentic instrument (if applicable) 

3.2.1.  Type of authority 

3.2.2.  Place of authority 

4. 

Authentic instrument 

4.1.  Description of the instrument  

4.2.  Date 

4.2.1.  on which the instrument was drawn up 

4.2.2.  if different : on which the instrument was registered 

4.3.  Reference number 

4.4. 

Parties to the instrument 

4.4.1.  Name of the creditor 

4.4.2.  Name of the debtor 

5. 

Text of the enforceable obligation as annexed to this certificate. 

The authentic instrument is enforceable against the debtor in the State of origin (Article 57(1) 
of the Convention. 

Done at 

date 

EN 

49 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Signature 

and/or 

stamp 

EN 

50 

   EN 

 
ANNEX VII 

The  conventions  superseded  pursuant  to  Article  65  of  the  Convention  are,  in  particular,  the 
following: 

the Treaty between the Swiss Confederation and Spain on the mutual enforcement of 

- 
judgments in civil or commercial matters, signed at Madrid on 19 November 1896, 

the Convention between the Czechoslovak Republic and the Swiss Confederation on 
- 
the recognition and enforcement of judgments with additional protocol, signed at Bern on 21 
December 1926,  

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

the  Convention  between  Denmark,  Finland,  Iceland,  Norway  and  Sweden  on  the 

- 
recognition and enforcement of judgments, signed at Copenhagen on 16 March 1932, 

the  Convention  between  the  Swiss  Confederation  and  Italy  on  the  recognition  and 

- 
enforcement of judgments, signed at Rome on 3 January 1933, 

the Convention between Sweden and the Swiss Confederation on the recognition and 

- 
enforcement of judgments and arbitral awards signed at Stockholm on 15 January 1936, 

the Convention between the Swiss Confederation and Belgium on the recognition and 

- 
enforcement of judgments and arbitration awards, signed at Berne on 29 April 1959, 

the Convention between Austria and the Swiss Confederation on the recognition and 

- 
enforcement of judgments, signed at Berne on 16 December 1960, 

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

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

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

- 
judgments 

the  Convention  between  Norway  and  Austria  on  the  recognition  and  enforcement  of 
1984.

civil  matters, 

at  Vienna 

21  May 

signed 

on 

in 

EN 

51 

   EN 

 
ANNEX VIII 

The  languages  referred  to  in  Article  79  of  the  Convention  are  Bulgarian,  Czech,  Danish, 
Dutch,  English,  Estonian,  Finnish,  French,  German,  Greek,  Hungarian,  Icelandic,  Irish, 
Italian,  Latvian,  Lithuanian,  Maltese,  Norwegian,  Polish,  Portuguese,  Romanian,  Slovak, 
Slovenian, Spanish and Swedish. 

EN 

52 

   EN 

 
ANNEX IX 

The States and the rules referred to in Article II of Protocol 1 are the following: 

Germany:  Articles  68,  72,  73  and  74  of 

- 
(Zivilprozeßordnung) concerning third-party notices, 

the  code  of  civil  procedure 

Austria:  Article  21  of  the  code  of  civil  procedure  (Zivilprozeßordnung)  concerning 

- 
third-party notices, 

Hungary:  Articles  58  to  60  of  the  Code  of  Civil  Procedure  (Polgári  perrendtartás) 

- 
concerning third-party notices, 

- 
Switzerland,  with  respect  to  those  cantons  whose  applicable  code  of  civil  procedure 
does not provide for the jurisdiction referred to in Articles 6(2) and 11 of the Convention: the 
appropriate provisions concerning third-party notices (litis denuntiatio) of the applicable code 
of civil procedure. 

EN 

53 

   EN 

 
For Denmark 

For the European Community 

For Iceland 

For the Kingdom of Norway 

For the Swiss Confederation 

EN 

54 

   EN