2007/712/EC: Council Decision of 15 October 2007 on the signing, on behalf of the Community, of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
Date: 2007-10-15
Institutions: Council of the European Union
Subjects: civil law, commercial law, enforcement of ruling, international convention, jurisdiction, signature of an agreement

21.12.2007

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Official Journal of the European Union

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

DECISIONS

COUNCIL

COUNCIL DECISION

of 15 October 2007

on the signing, on behalf of the Community, of the Convention on jurisdiction and the recognition
and enforcement of judgments in civil and commercial matters

(2007/712/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Whereas:

(1) 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 enforce-
ment of judgments in civil and commercial matters (1) (the
Lugano Convention), thereby extending to Iceland, Norway
the
and Switzerland the application of
Convention of 27 September 1968 on the same subject
matter (2) (the Brussels Convention).

the rules of

(2) Negotiations on a revision of the Brussels Convention and
the Lugano Convention were undertaken during the years
1998-1999 within the framework of an ad hoc Working
Party enlarged with Switzerland, Norway and Iceland. These

(1) Convention on jurisdiction and enforcement of judgments in civil

and commercial matters (OJ L 319, 25.11.1988, p. 9).

(3)

(4)

(5)

(2) Brussels Convention on jurisdiction and the enforcement of
judgments
L 299,
31.12.1972, p. 32). (Consolidated version in OJ C 27, 26.1.1998,
p. 1).

commercial matters

in civil

and

(OJ

negotiations led to the adoption of a text of a draft
convention prepared by the Working Party, which was
confirmed by the Council at its meeting on 27 and 28 May
1999.

Subsequent negotiations within the Council on the basis of
this text led to the adoption of Council Regulation (EC)
No 44/2001 of 22 December 2000 on jurisdiction and the
recognition and enforcement of judgments in civil and
commercial matters (3), which modernised the rules of the
Brussels Convention and made the system of recognition
and enforcement swifter and more efficient.

In the light of the parallelism between the Brussels and the
Lugano Convention regimes on jurisdiction and on
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 between the EU Member States and the EFTA
States concerned.

In accordance with the Protocol on the position of
Denmark annexed to the Treaty on European Union and
to the Treaty establishing the European Community,
Denmark does not take part in the application of measures
pursuant to Title IV of the Treaty establishing the European
the Lugano
Community.
Convention to apply to Denmark, Denmark should
therefore participate as a Contracting Party to a new
convention covering the same subject matter.

the rules of

In order

for

(3) OJ L 12, 16.1.2001, p. 1. Regulation as last amended by Regulation

(EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

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(6)

(7)

(8)

(9)

By Decision of 27 September 2002, the Council authorised
the Commission to negotiate with a view to the adoption of
a new Lugano Convention on jurisdiction and the
recognition and enforcement of judgments in civil and
commercial matters.

The Commission has negotiated such a convention, on
behalf of the Community, with Iceland, Norway, Switzer-
land and Denmark.

In accordance with Article 3 of the Protocol on the position
of the United Kingdom and Ireland annexed to the Treaty
on European Union and to the Treaty establishing the
European Community, the United Kingdom and Ireland are
taking part in the adoption and application of this Decision.

In accordance with Articles 1 and 2 of the Protocol on the
position of Denmark, Denmark does not take part in the
adoption of this 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 on jurisdiction and the
The signing of
and
recognition and enforcement of
commercial matters, which will replace the Lugano Convention
of 16 September 1988, is hereby approved on behalf of the
Community, subject to the conclusion of the said Convention.

judgments

in civil

The text of the Convention is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate
the person(s) empowered to sign, on behalf of the Community,
the Convention on jurisdiction and the recognition and
enforcement of judgments in civil and commercial matters.

Done at Luxembourg, 15 October 2007.

For the Council

The President

L. AMADO