Civil Jurisdiction And Judgments Act (Gibraltar)

Civil Jurisdiction And Judgments Act

Published: 1998-11-05

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Civil Jurisdiction and Judgments

1993-29

CIVIL JURISDICTION AND JUDGMENTS ACT

Principal Act

Act. No. 1993-29 Commencement (LN. 1998/102) 5.11.1998

Assent 16.12.1993

Amending

enactments

Relevant current

provisions

Commencement

date

Act. 1997-27 ss.3, 5(6), Sch.1, 2 and 3 5.11.1998

2004-15 ss. 2(1), (3), (6), 3, 16(1)(b) and

(c), 17(1)(a) and (b), 17(3)(a)

and (b), (3A), 18(2), 21(4)(a),

22(2), 32(1), (2), (3)(a), (b), (e)

and (g), 38, Part V and Sch. 10

21.7.2004

2005-07 ss. 2(1), (5), 6, 7, 9(1), (3), (4),

(5), 10(1), (2), 32(1), (2), 39(1)

Sch. 10 paras 1-6,

17.2.2005

2007-17 ss. 7(1), 13(1), 14(1), 15(3),

17(3), 30(1) & (2)

14.6.2007

2010-05 Sch. 11 18.3.2010

LN. 2015/003 ss. 2(1), (6), 32(2), (3), Sch. 10 10.1.2015

2015/170 ss. 2(1), (3), (4), (6), 4(5), (6),

6A, 8A, 9(1), (5), 11A, 12, 15,

16(1)(d), 17(1)(a), (b), (3)(A)(a),

(b), 21(4)(a), 22(2), 32(1), 33,

38B, Sch. 6A

1.10.2015

English Sources:

None

EU Legislation/International Agreements involved:

Council Regulation (EC) No. 44/2001

Council Regulation (EC) No 2201/2003

Convention on Jurisdiction and the Enforcement of Judgments in Civil and

Commercial Matters

The Accession Convention

Civil Jurisdiction and Judgments

1993-29

The 1982 Accession Convention

The 1989 Accession Convention

The Brussels Conventions

The Hague Convention

The Lugano Convention

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1993-29

Civil Jurisdiction and Judgments

1993-29

ARRANGEMENT OF SECTIONS.

Sections

1. Title and commencement.

2. Interpretation.

PART I.

IMPLEMENTATION OF THE CONVENTIONS.

3. Application of the Conventions.

4. Conventions to have the force of law.

5. Interpretation of the Convention.

6. Enforcement of judgments other than maintenance orders.

6A. Registration and enforcement of judgments under the 2005 Hague

Convention.

7. Recognition and enforcement of maintenance orders.

8. Appeals under Article 37, second paragraph and Article 41.

8A. Appeals in relation to registration of judgments under the 2005 Hague

Convention.

9. Interest on registered judgments.

10. Currency of payments under registered maintenance orders.

11. Proof and admissibility of judgments and related documents.

11A. Proof and admissibility of certain judgments and related documents for

the purposes of the 2005 Hague Convention.

12. Copies and certificates in connection with Gibraltar judgments.

13. Modifications to cover authentic Instruments and court settlements.

14. Modifications consequential on revision of the Conventions.

15. Provisions supplementary to Title VII of the 1968 Convention.

PART II.

PROVISIONS RELATING TO JURISDICTION.

16. Interim relief and protective measures in case or doubtful jurisdiction.

17. Interim relief in the absence of substantive proceedings.

18. Proceedings in Gibraltar for torts to immovable property.

19. Security in Admiralty proceedings in Gibraltar.

PART III.

PROVISIONS RELATING TO RECOGNITION AND ENFORCEMENT

OF JUDGMENTS.

20. Overseas judgments given against states, etc.

21. Overseas judgments given in proceedings brought in breach of

agreement for settlement in disputes.

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22. Certain steps not to amount to submission to a jurisdiction of overseas

court.

23. Certain judgments a bar to further proceedings in the same cause of

action.

PART IV.

SUPPLEMENTARY AND GENERAL PROVISIONS.

24. Domicile of individuals.

25. Domicile and seat of a corporation or association.

26. Seat of a corporation or association for purposes of Article 16(2) and

related provisions.

27. Persons deemed to be domiciled in Gibraltar for certain purposes.

28. Domicile of Trusts.

29. Domicile and seat of the Crown.

30. Modifications occasioned by decisions of European Court as to

meaning or effect of Conventions.

31. Availability of legal assistance.

32. Matters for which rules of court may provide.

33. Saving of powers to stay, sist, strike out or dismiss proceedings.

34. Application to Crown.

35. Amendments to the Maintenance Orders (Reciprocal Enforcement)

Act.

36. Amendment to the Magistrates’ Court Act.

37. Amendment to the Judgments (Reciprocal Enforcement) Act.

38. Application of the Regulation.

38A. Application of Regulation 2201/2003 – jurisdiction and the recognition

and enforcement of judgments in matrimonial and parental

responsibility matters.

38B. Application of provisions of the Civil Jurisdiction and Judgments Act

1993 to judicial settlements.

PART V

JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS

BETWEEN THE UNITED KINGDOM AND GIBRALTAR

39. Arrangements between the United Kingdom and Gibraltar.

SCHEDULE 1.

Text of the 1968 Convention as amended.

SCHEDULE 2.

Text of the 1971 Protocol as amended.

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SCHEDULE 3.

Text of Titles V and VI - The Accession Convention.

SCHEDULE 4.

Text of Titles V and VI of the 1982 Accession Convention.

SCHEDULE 5.

Text of Titles VI and VII of the 1989 Accession Convention.

SCHEDULE 6.

Text of the Lugano Convention.

SCHEDULE 6A.

Convention on Choice of Court Agreements

SCHEDULE 7.

Amendments to the Maintenance Orders (Reciprocal Enforcement) Act.

SCHEDULE 8.

Amendments to the Magistrates ‘Court Act.

SCHEDULE 9.

Amendments to the Judgments (Reciprocal Enforcement) Act.

SCHEDULE 10

Application of the Regulation

SCHEDULE 11

APPLICATION OF REGULATION 2201/2003

Jurisdiction and the recognition and enforcement of judgments in

matrimonial and parental responsibility matters.

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1993-29

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AN ACT TO MAKE FURTHER PROVISION ABOUT THE

JURISDICTION OF COURTS AND TRIBUNALS IN GIBRALTAR AND

ABOUT THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS

GIVEN IN GIBRALTAR OR ELSEWHERE AND TO PROVIDE FOR

THE MODIFICATION OF ASSOCIATED LEGISLATION.

Title and commencement.

1.(1) This Act may be cited as the Civil Jurisdiction and Judgments Act

1993 and shall come into effect on such day as the Governor may, by notice

in the Gazette, appoint and different days may be so appointed for different

purposes.

(2) Notices made under sub-section (1) may make such transitional

provisions as the Governor shall, in respect of the implementation of any

section, determine.

Interpretation.

2.(1) In this Act–

“the 1968 Convention” means the Convention on Jurisdiction and the

Enforcement of Judgments in Civil and Commercial Matters

(including the Protocol annexed to that Convention) signed at

Brussels on 27th September 1968;

“the 1971 Protocol” means the Protocol on the interpretation of the 1968

Convention by the European Court signed, at Luxembourg on the

3rd June 1971;

“The Accession Convention” means the Convention on the accession to

the 1968 Convention and the 1971 Protocol of Denmark, the

Republic of Ireland and the United Kingdom signed at Luxembourg

on the 9th October 1978;

“the 1982 Accession Convention” means the Convention on the accession

of the Hellenic Republic to the 1968 Convention and the 1971

Protocol, with the adjustments made to them by the Accession

Convention, signed at Luxembourg on the 25th October 1982;

“the 1989 Accession Convention” means the Convention on the accession

of the Kingdom of Spain and the Portuguese Republic to the 1968

Convention and the 1971 Protocol with the adjustments made to

them by the Accession Convention and the 1982 Accession

Convention, signed at Donostia San Sebastian on 26th May 1989;

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“the Brussels Conventions” means the 1968 Convention, as amended or

supplemented by the 1971 Protocol, the Accession Convention, the

1982 Accession Convention and the 1989 Accession Convention;

“the 2005 Hague Convention” means the Convention on Choice of Court

Agreements concluded on 30 June 2005 at the Hague;

“the Lugano Convention” means the Convention on Jurisdiction and the

Enforcement of Judgments in Civil and Commercial Matters

(including the Protocols annexed to that Convention) open for

signature at Lugano on the 16th September 1988 and signed by the

United Kingdom on the 18th September 1989;

“the Regulation” means Regulation (EU) No 1215/2012 of the European

Parliament and of the Council of 12 December 2012 on jurisdiction

and the recognition and enforcement of judgments in civil and

commercial matters (recast) as amended from time to time and as

applied by virtue of the Agreement made on 19 October 2005

between the European Community and the Kingdom of Denmark on

jurisdiction and the recognition and enforcement of judgments in

civil and commercial matters;

“Regulation 2201/2003” means Council Regulation (EC) No 2201/2003

of 27 November 2003 concerning jurisdiction and the recognition

and enforcement of judgments in matrimonial matters and the

matters of parental responsibility, repealing Regulation (EC) No

1347/2000.

(2) In this Act unless the context otherwise requires–

(a) references to or to any provision of, the 1968 Convention or the

1971 Protocol are references to that Convention, Protocol or

provision as amended by the Accession Convention, the 1982

Accession Convention and the 1989 Accession Convention; and

(b) any reference in any provision to a numbered Article without

more, is a reference–

(i) to the Article so numbered of the 1968 Convention in so

far as the provision applies in relation to that Convention;

(ii) to the Article so numbered in the Lugano Convention in

so far as the provision applies in relation to that

Convention,

and any reference to a sub-division of a numbered Article shall be construed

accordingly.

Civil Jurisdiction and Judgments

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(3) In this Act–

“Contracting State,” without more , in any provision means–

(a) in the application to the provision in relation to the Brussels

Conventions, a Brussels Contracting State;

(b) in the application of the provision in relation to the Lugano

Convention, a Lugano Contracting State; and

Convention, a 2005 Hague Convention State,

and shall be taken to include any territory of such a state to which in

accordance with the provisions of the relevant Convention, the Contracting

State has by declaration extended the application of the Convention;

“Brussels Contracting State” means Denmark (which is not bound by the

Regulation, but was one of the parties acceding to the 1968

Convention under the Accession Convention);

“ 2005 Hague Convention State”, in any provision, in the application of

that provision in relation to the 2005 Hague Convention, means a

State bound by that Convention and for these purposes, Gibraltar

shall be deemed a Convention State;

“Lugano Contracting State” means one of the original parties to the

Lugano Convention that is to say, Austria, Belgium, Denmark,

Finland, France, the Federal Republic of Germany, the Hellenic

Republic, Iceland, the Republic of Ireland, Italy, the Hellenic

Republic, Iceland, the Republic of Ireland, Italy, Luxembourg, the

Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and

the United Kingdom being a state in relation to which the

Convention has taken effect in accordance with that paragraph 3 or

4 of Article 61 and shall be taken to include any territory of such a

state to which, in accordance with the provisions of the Lugano

Convention, the Contracting State has by declaration extended the

application of the Convention.

“Regulation State” means all member States except Denmark and the

United Kingdom.

(4) In this Act “judgment” means any judgement or order (by whatever

name called) given or made by a court in any civil proceedings:

Provided that in Part I–

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(a) “judgment” has the meaning given by Article 25 of the 1968

Convention or Article 4(1)of the 2005 Hague Convention; and

(b) references to a judgment registered under section 6, 6A or 7

include, to the extent of its registration, references to a

judgment so registered to a limited extent only.

(5) In this Act, unless the context otherwise requires–

“association” means an unincorporated body of persons;

“corporation” means a body corporate;

“court”, without more, includes a tribunal;

“court of law” in relation to Gibraltar means any of the following courts–

(a) the Judicial Committee of the Privy Council, as provided for in

the Gibraltar (Appeals to Privy Council) Order, 1985;

(b) the Court of Appeal;

(d) the Court of First Instance; and

(e) the Magistrate’s Court;

“declared enforceable” means that a court has made an enforcement

order;

“enactment” includes an enactment comprised in the legislation of

England and Wales only in so far as that enactment has been applied

in Gibraltar;

“enforcement order” means an order that a judgment (including a

maintenance order) may be enforced in Gibraltar;

“maintenance order” means a maintenance judgment within the meaning

of the 1968 Convention or, as the case may be, the Lugano

Convention;

“modifications” includes additions, omissions and alterations;

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1993-29

“overseas country” means any country or territory outside Gibraltar and

shall be taken to include any part of the United Kingdom (being

England and Wales, Scotland or Northern Ireland);

“payer”, in relation to a maintenance order, means the person liable to

make the payment for which the order provides;

“prescribed” means prescribed by rules of court;

“rules of court”, in relation to any court means rules, orders or regulations

made by the authority having power to make rules, orders or

regulations regulating the procedure of that court;

“statutory provisions” means any provision contained in any Act or in

subordinate legislation or any instrument of a legislative character;

and

“tribunal” means a tribunal of any description other than a court of law

and in relation to an overseas country includes, (as regards matters

relating to maintenance within the meaning of the 1968

Convention), any authority having power to give, enforce, vary or

revoke a maintenance order.

(6) Any question arising as to whether it is the Regulation, any of the

Brussels Conventions, the Lugano Convention or the 2005 Hague

Convention which applies in the circumstances of a particular case shall be

determined as follows–

(a) in accordance with Article 54B of the Lugano Convention

(which determines the relationship between the Brussels

Conventions and the Lugano Convention);

(b) in accordance with Article 68 of the Regulation (which

determines the relationship between the Brussels Conventions

and the Regulation);

determines the relationship between the Lugano Convention

and the Regulation);

(d) in accordance with Article 26 of the 2005 Hague Convention

(which determines the relationship between the Brussels

Conventions, the Lugano Convention, the Regulation and the

2005 Hague Convention.

PART I.

Civil Jurisdiction and Judgments

1993-29

IMPLEMENTATION OF THE CONVENTIONS.

3. Repealed.

Conventions to have the force of law.

4. (1) The Brussels Conventions shall have the force of law in Gibraltar and

judicial note shall be taken of them.

(2) For convenience of reference there are set out in Schedules 1, 2. 3, 4

and 5 respectively the English text of–

(a) the 1968 Convention as amended by Titles II and III of the

Accession Convention, by Titles II and III of the 1982

Accession Convention and by Titles II and III of, and Annex 1

(d) to, the 1989 Accession Convention;

(b) the 1971 Protocol as amended by Title IV of the Accession

Convention, by Title IV of the 1982 Accession Convention and

by Title IV of the 1989 Accession Convention;

final provisions) as amended by Title V of the 1989 Accession

Convention;

(d) Titles V and VI of the 1982 Accession Convention (transitional

and final provisions); and

(e) Title VI and VII of the 1989 Accession Convention (transitional

and final provisions),

being texts prepared from the authentic English texts referred to in Articles

37 and 41 of the Accession Convention, in Article 17 of the 1982 Accession

Convention and in Article 34 of the 1989 Accession Convention.

(3) The Lugano Convention shall have the force of law in Gibraltar and

judicial notice shall be taken of it.

(4) For convenience of reference there is set out in Schedule 6 of the

English text of the Lugano Convention.

(5) The 2005 Hague Convention shall have the force of law in Gibraltar

and judicial notice shall be taken of it.

(6) For convenience of reference there is set out in Schedule 6A the

English text of the 2005 Hague Convention.

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Interpretation of the Conventions.

5. (1) Any question as to the meaning or effect of any provision of the

Brussels Conventions shall, if not referred to the European Court in

accordance with the 1971 Protocol, be determined in accordance with the

principles laid down by and in any relevant decision of the European Court.

(2) Judicial notice shall be taken of any decision of, or expression of

opinion by, the European Court on any such question.

(3) Without prejudice to the generality of sub-section (1) the following

reports (which are reproduced in the Official Journal of the Communities),

namely–

(a) the reports by Mr. P. Jenard on the 1968 Convention and the

1971 Protocol; and

(b) the report by Professor Peter Schlosser on the Accession

Convention; and

D. Kerameus on the 1982 Accession Convention; and

(d) the report by Mr. Martinho de Almeida Cruz, Mr. Manuel

Desantes Real and Mr. P. Jenard on the 1989 Accession

Convention;

may be considered in ascertaining the meaning or effect of any provision of

the Brussels Conventions and shall be given such weight as is appropriate in

the circumstances.

(4) In determining any question as to the meaning or effect of a provision

of the Lugano Convention, a court in Gibraltar shall, in accordance with

Protocol No. 2 to that Convention, take account of any principles laid down

in any relevant decision delivered by a court of any Lugano Contracting

State concerning provisions of the Convention.

(5) Without prejudice to the practice of the courts as to the matters

which may be considered apart from this sub-section, the report on the

Lugano Convention by Mr. P. Jenard and Mr. G. Moller (which is

reproduced in the Official Journal of Communities of the 28th July 1990)

may be considered in ascertaining the meaning or effect of any provision of

the Convention and shall be given such weight as is appropriate in the

circumstances.

(6) Nothing in this section shall prejudice the provisions of section 3(2)

above.

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Enforcement of judgments other than maintenance orders.

6.(1) The court to which an application is made under Article 32 shall be the

Supreme Court and the Supreme Court may, on an application made under

Article 31, make an enforcement order.

(2) Where an enforcement order is made under this section, the

reasonable costs or expenses of and incidental to the order shall be

recoverable as if they were sums recoverable under the judgment which has

been declared enforceable.

(3) Where a judgment has been declared enforceable under this section–

(a) it shall be of the same force and effect, as if it had been

originally been made by the Supreme Court; and

(b) may be enforced in the same way as if it had been originally

made by the Supreme Court.

(4) Sub-section (3) is subject to–

(a) article 39 (restriction on enforcement where appeal pending or

time for appeal unexpired);

(b) section 9; and

and conditions subject to which a judgment declared

enforceable under this section may be enforced.

Registration and enforcement of judgments under the 2005 Hague

Convention.

6A.(1) A judgment which is required to be recognised and enforced under

the 2005 Hague Convention in Gibraltar shall be registered in the prescribed

manner in the Supreme Court, on the application of any interested party.

(2) A judgment which is required to be recognised and enforced under the

2005 Hague Convention shall be registered without delay on completion of

the formalities in Article 13 of the 2005 Hague Convention if the court

considers that it meets the condition for recognition in Article 8(3) of the

2005 Hague Convention, without any review of whether a ground for refusal

under Article 9 applies.

(3) The party against whom enforcement is sought shall not be entitled to

make any submission on the application for registration.

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(4) Where a judgment which is required to be recognised and enforced

under the 2005 Hague Convention has been registered, the reasonable costs

or expenses of and incidental to its registration shall be recoverable as if they

were sums recoverable under the judgment.

(5) A judgment which is required to be recognised and enforced under the

2005 Hague Convention shall, for the purposes of its enforcement, be of the

same force and effect, the registering court shall have in relation to its

enforcement the same powers, and proceedings for or with respect to its

enforcement may be taken, as if the judgment had been originally given by

the registering court and had (where relevant) been entered.

(6) Subsection (5) is subject to section 9 (interest on registered judgments)

and to any provision made by rules of court as to the manner in which and

conditions subject to which a judgment registered under the 2005 Hague

Convention may be enforced.

Recognition and enforcement of maintenance orders.

7.(1) The function of transmitting an application under Article 31 for the

recognition or enforcement in Gibraltar of a maintenance order to the

appropriate court shall be discharged in Gibraltar by the Minister responsible

for justice and in this sub-section “the appropriate court” means the

Magistrates’ Court.

(2) Such an application shall be determined by the Magistrates’ Court.

The Magistrates’ Court may make an enforcement order in respect of a

maintenance order.

(3) Where a maintenance order has been declared enforceable under this

section–

(a) it shall be of the same force and effect as if it had originally been

made by the Magistrates’ Court; and

(b) may be enforced in the same way as if the order had been

originally made by the Magistrates’ Court.

(4) Sub-section (3) is subject to–

(a) Article 39 (restriction and enforcement where appeal pending or

time for appeal unexpired);

(b) section 9; and

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which, and the conditions subject to which, an order declared

enforceable under this section may be enforced.

(5) The payer under a maintenance order declared enforceable under this

section shall give notice of any change of address to the clerk of the

Magistrates’ Court.

(6) A person who, without reasonable excuse, fails to comply with

subsection (5) shall be guilty of an offence and liable on summary conviction

to a fine not exceeding level 2 on the standard scale.

Appeals under Article 37, second paragraph and Article 4.

8.(1) The single further appeal on a point of law referred to in the 1968

Convention and the Lugano Convention in Article 37, second paragraph and

Article 41 in relation to the recognition or enforcement of a judgment other

than a maintenance order lies to the Court of Appeal in accordance with the

Court of Appeal Act 1 .

(2) The single further review on a point of law referred to in each of

those Conventions in Article 37, second paragraph and Article 41 in relation

to the recognition or enforcement of a maintenance order lies to the Supreme

Court by way of case stated in accordance with section 62 of the

Magistrate’s Court Act 2 .

Appeals in relation to registration of judgments under the 2005 Hague

Convention.

8A. (1) A decision on the application for registration of a judgment required

to be recognised and enforced under the 2005 Hague Convention may be

appealed against by either party.

(2) The appeal referred to in subsection (1) lies to the Court of Appeal in

accordance with the Court of Appeal Act.

(3) The Court of Appeal shall refuse or revoke registration only if-

(a) the condition for recognition in Article 8(3) of the 2005 Hague

Convention is not met;

(b) the ground for postponement or refusal of recognition in Article

8(4) of the 2005 Hague Convention applies; or

1 1969-28

2 1961-23

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one or more of the grounds specified in Article 9 of the 2005 Hague

Convention apply.

Interest on registered judgments.

9.(1) Subject to sub-section (4), where in connection with an application

for an enforcement order in respect of a judgment (including a maintenance

order) under sections 6, 6A or 7 the applicant shows–

(a) that the judgment provides for the payment of a sum of money;

and

(b) in accordance with the law of the Contracting State in which

the judgment was given interest on that sum is recoverable

under the judgment from a particular date or time,

the rate of interest and the date or time from which it is so recoverable shall

be declared enforceable with the judgment and, subject to any provision

made under sub-section (2), the debt resulting, apart from Section 6 (2),

from the enforcement order in respect of the judgment shall carry interest in

accordance with that enforcement order.

(2) Provision may be made by rules of court as to the manner in which

and the periods by reference to which any interest payable by virtue of sub-

section (1) is to be calculated and paid, including provision for such interest

to cease to accrue as from a prescribed date.

(3) Costs or expenses recoverable by virtue of section 6 (2) shall carry

interest as if they were the subject of an order for the payment of costs or

expenses made by the court making the enforcement order on the date of

that order.

(4) Interest on arrears of sums payable under a maintenance order

declared enforceable under section 7 in the magistrate’s court shall be

recoverable in that court as a civil debt, notwithstanding the provisions of

section 40(2)(a) of the Magistrates Court Act 2 .

(5) Debts under judgments declared enforceable under sections 6, 6A or

7 shall carry interest only as provided for by this section.

Currency of payments under registered maintenance orders.

10. (1) Sums payable in Gibraltar under a maintenance order by virtue of an

enforcement order made under section 7, including any arrears so payable,

shall be paid in the currency of Gibraltar.

2 1961-23

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(2) Where the order is expressed in any other currency, the amounts shall

be converted on the basis of the exchange rate prevailing on the date the

order was declared enforceable.

(3) For the purposes of this section, a written certificate purporting to be

signed by an officer of any bank in Gibraltar and stating the exchange rate

prevailing on a specified date shall be evidence of the facts stated.

Proof and admissibility of judgments and related documents.

11.(1) For the purposes of the 1968 Convention or the Lugano Convention–

(a) a document duly authenticated which purports to be a copy of a

judgment given by a court of a Contracting State other than

Gibraltar shall,without further proof, be deemed to be a true

copy, unless the contrary is shown; and

(b) the original or a copy of any such document as is mentioned in

Article 46(2) or 47 (supporting documents to be produced by a

party seeking recognition or enforcement of a judgment) shall

be evidence of any matter to which it relates.

(2) A document purporting to be a copy of a judgment given by any such

court as is mentioned in sub-section (1) (a) is duly authenticated for the

purposes of this section if it purports–

(a) to bear the seal of that court; or

(b) to be certified by any person in his capacity as a judge or officer

of that court to be a true copy of a judgment given by that

court.

(3) Nothing in this section shall prejudice the submission in evidence of

any document which is admissable apart from this section.

Proof and admissibility of certain judgments and related documents for

the purposes of the 2005 Hague Convention.

11A. (1) For the purposes of the 2005 Hague Convention-

(a) a document, duly authenticated, which purports to be a copy of a

judgment given by a court of a 2005 Hague Convention State

other than Gibraltar shall without further proof be deemed to be a

true copy, unless the contrary is shown; and

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1993-29

(b) a certificate issued by the court of the 2005 Hague Convention

State of origin, in the form recommended for use under the 2005

Hague Convention and published by the Hague Conference on

Private International Law, as referred to in Article 13(3) of the

2005 Hague Convention, shall be evidence as to whether the

judgment has effect or is enforceable in the 2005 Hague

Convention State of origin.

(2) A document purporting to be a copy of a judgment given by any such

court as is mentioned in subsection (1)(a) is duly authenticated for the

purposes of this section if it purports-

(a) to bear the seal of that court; or

(b) to be certified by any person in their capacity as judge or officer

of that court to be a true copy of a judgment given by that court.

(3) Nothing in this section shall prejudice the admission in evidence of any

document which is admissible apart from this section.

Copies of, and certificates in connection with Gibraltar judgments.

12. Rules of court may make provision for enabling any interested party

wishing to secure under the 1968 Convention, the Lugano Convention or the

2005 Hague Convention the recognition and enforcement in another

Contracting State of a judgment given by a court in Gibraltar to obtain,

subject to any conditions specified in the rules,–

(a) a copy of the judgment; and

(b) a certificate giving particulars relating to the judgment and the

proceedings in which it was given.

Modifications to cover authentic instruments and court settlements.

13.(1) The Minister responsible for justice may, by notice in the Gazette,

provide that–

(a) any provision of this Act relating to the recognition or

enforcement in Gibraltar of judgments to which the 1968

Convention or the Lugano Convention applies; and

(b) any other statutory provision, whenever passed or made, so

relating,

shall apply, with such modifications as may be specified in the notice, in

relation to documents and settlements within Title IV of the 1968

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Convention or, as the case may be, Title IV of the Lugano Convention

(authentic instruments and court settlements enforceable in the same manner

as judgments), as if they were judgments to which the Convention in

question applies.

(2) A notice under this section may make different provision in relation

to different descriptions of documents and settlements.

Modifications consequential on revision of the Conventions.

14. (1) If at any time it appears to the Minister responsible for justice that

Her Majesty’s Government in the United Kingdom have agreed to a revision

of the Lugano Convention or any of the Brussels Conventions including in

particular any revision connected with the accession to the Lugano

Convention or the 1968 Convention of one or more further states, the

Minister responsible for justice may, by notice in the Gazette, make such

modifications of this Act or any other statutory provision, whenever passed

or made, as the Minister responsible for justice considers appropriate in

consequence of the revision.

(2) In this section “revision’’ means an omission from, addition to or

alteration of the Lugano Convention or any of the Brussels Conventions to

any extent by another Convention, Protocol or other description of

international agreement.

Provisions supplementary to Title VII of the 1968 Convention.

15. (1) The provisions of Title VII of the 1968 Convention and, apart from

Article 54B of Title VII of the Lugano Convention (relationship between the

Convention in question and other conventions to which the Contracting

States are or may become parties) and Article 26 of the 2005 Hague

Convention shall have effect in relation to–

(a) any statutory provision extending any such other convention to

Gibraltar;

(b) any rule of law so far as it has the effect of so implementing any

such other convention,

as they have effect in relation to that other convention itself.

(2) Any question arising as to whether it is the Lugano Convention or

any of the Brussels Conventions which applies in the circumstances of a

particular case falls to be determined in accordance with the provisions of

Article 54B of the Lugano Convention.

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(3) The Minister responsible for justice may, by notice in the Gazette,

declare a provision of a convention extended to Gibraltar to be a provision

whereby Gibraltar assumed an obligation of a kind provided for in Article 59

(which allows the Contracting State to agree with a third state to withhold

recognition in certain cases from a judgment given by a court in another

Contracting State which took jurisdiction on one of the grounds mentioned

in the second paragraph of Article 3).

PART II.

PROVISIONS RELATING TO JURISDICTION.

Interim relief and protective measures in case of doubtful jurisdiction.

16.(1) Any power of a court in Gibraltar to grant interim relief pending trial

or pending the determination of an appeal shall extend to a case where–

(a) the issue to be tried, or which is the subject of the appeal,

relates to the jurisdiction of the court to entertain the

proceedings; or

(b) the proceedings involve the reference of any matter to the

European Court under the 1971 Protocol; or

Regulation to the European Court under Article 68 of the

Treaty establishing the European Community;

(d) This subsection shall also apply to the 2005 Hague Convention.

(2) Sub-section (1) shall not be construed as restricting any power to

grant interim relief or protective measures which a court may have apart

from this section.

Interim relief in the absence of substantive proceedings.

17. (1) The Supreme Court shall have power to grant interim relief where–

(a) proceedings have been or are to be commenced in a Brussels or

Lugano Contracting State or a 2005 Hague Convention State

or a Regulation State other than Gibraltar; and

(b) they are or will be proceedings whose subject-matter is either

within the scope of the Regulation, as determined by Article 1

of the Regulation, within scope of the Lugano Convention as

determined by Article 1 of the Lugano Convention or within

scope of the 2005 Hague Convention as determined by Articles

1 and 2 of the 2005 Hague Convention (whether or not the

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Regulation, the Lugano Convention or the 2005 Hague

Convention has effect in relation to the proceedings).

(2) On any application for interim relief under sub-section (1) , the court

may refuse to grant relief if, in the opinion of the court, the fact that the

court has no jurisdiction apart from this section in relation to the subject

matter of the proceedings in question, makes it inexpedient for the court to

grant it.

(3) The Minister responsible for justice may, by notice in the Gazette,

extend the power to grant interim relief conferred by sub-section (1) so as to

make it exercisable in relation to proceedings of any of the following

descriptions, namely–

(a) Repealed.

(b) Repealed.

(3A) The Supreme Court shall have power to grant interim relief under

section 17(1) in relation to proceedings of the following descriptions,

namely

(a) proceedings commenced or to be commenced otherwise than in

a Brussels or Lugano Contracting State or a 2005 Hague

Convention State or Regulation State;

(b) proceedings whose subject-matter is not within the scope of

Article 1 of the Regulation, Article 1 of the 1968 Convention,

Article 1 of the Lugano Convention or the 2005 Hague

Convention as determined by Articles 1 and 2 of the 2005

Hague Convention respectively.

(4) A notice under sub-section (3)–

(a) may confer power to grant only specified descriptions of interim

relief;

(b) may make different provision for different classes of

proceedings, for proceedings pending in different countries or

courts outside Gibraltar and for other different circumstances;

and

power conferred by the notice.

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(5) A notice under sub-section (3) which confers power to grant interim

relief in relation to arbitration proceedings may provide for the repeal of any

provision of section 32 of the Arbitration Act 3 to the extent that it is

superseded by the provisions of the notice.

(6) In this section “interim relief” in relation to the Supreme Court means

interim relief of any kind which that court has power to grant in proceedings

relating to matters within its jurisdiction other than–

(a) a warrant for the arrest of property; or

(b) provision for obtaining evidence.

Proceedings in Gibraltar for torts to immovable property.

18. (1) The jurisdiction of any court in Gibraltar to entertain proceedings for

trespass to, or any other tort affecting, immovable property shall extend to

cases in which the property in question is situated outside Gibraltar unless

the proceedings are principally concerned with the question of the title to, or

the right to possession of, that property.

(2) Sub-section (1) has effect subject to the 1968 Convention the Lugano

Convention and the Regulation.

Security in Admiralty proceedings in Gibraltar.

19. (1) Where in Gibraltar a court stays or dismisses Admiralty proceedings

on the ground that the dispute in question should be submitted to arbitration

or to the determination of the courts of an overseas country, the court may,

if in those proceedings property has been arrested or bail or other security

has been given to prevent or obtain release from arrest–

(a) order that the property arrested be retained as security for the

satisfaction of any award or judgment which–

(i) is given in respect of the dispute in the arbitration or legal

proceedings in favour of which those proceedings are

stayed or dismissed; and

(ii) is enforceable in Gibraltar; or

(b) order that the stay or dismissal of those proceedings be

conditional on the provision of equivalent security for the

satisfaction of any such award or judgment.

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(2) Where a court makes an order under sub-section (1), it may attach

such conditions to the order as it thinks fit, in particular, conditions with

respect to the institution or prosecution of the relevant arbitration or legal

proceedings.

(3) Subject to any provision made by rules of court and to any necessary

modifications, the same law and practice shall apply in relation to property

retained in pursuance of an order made by a court under sub-section (1) as

would apply if it were held for the purposes of proceedings in that court.

PART III.

PROVISIONS RELATING TO RECOGNITION AND

ENFORCEMENT OF JUDGMENTS.

Overseas judgments given against states, etc.

20. (1) A judgment given by a court of an overseas country against a state

other than Gibraltar or the state to which that court belongs, shall be

recognised and enforced in Gibraltar only if–

(a) it would be so recognised and enforced if it had not been given

against the state; and

(b) that court would have had jurisdiction in the matter if it had

applied rules corresponding to those applicable and to such

matters in Gibraltar in accordance with sections 2 to 11 of the

State Immunity Act 1978 or an order made under section 13 of

the Supreme Court Act 4 having similar effect.

(2) References in sub-section (1) to a judgment given against a state

include references to judgments of any of the following descriptions given in

relation to a state–

(a) judgments against the government, or a department of the

government, of the state but not (except as mentioned in

paragraph (c)) judgments against an entity which is distinct

from the executive organs of government;

(b) judgment against the sovereign or head of state in his public

capacity;

paragraph (a) and given in proceedings relating to anything

done by it in the exercise of the sovereign authority of the state.

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(3) Nothing in sub-section (1) shall affect the recognition or enforcement

in Gibraltar of a judgment to which Part I of the Judgments (Reciprocal

Enforcement) Act applies by virtue of–

(a) section 17(4) of the Nuclear Installations Act 1965 as extended

by the Nuclear Installations (Gibraltar) Orders 1970 and 1985;

(b) the Admiralty Jurisdiction (Gibraltar) Order, 1987;

extended by the Carriage of Goods by Road (Gibraltar) Order,

1967, as amended by the 1981 Order.

(4) Sections 12, 13 and 14 (3) and (4) of the State Immunity Act 1978

(service of process and procedure or privileges) shall apply to proceedings

for a recognition or enforcement in Gibraltar of a judgment given by a court

of an overseas country (whether or not that judgment is within sub-section

(1)) as they apply to other proceedings.

(5) In this section–

“state”, in the case of a federal state, includes any of its constituent

territories;

“State Immunity Act 1978” means that Act as extended to Gibraltar.

Overseas judgments given in proceedings brought in breach of

agreement for settlement of disputes.

21. (1) Subject to the following provisions of this section, a judgment given

by a court of an overseas country in any proceedings shall not be recognised

and enforced in Gibraltar if–

(a) the bringing of those proceedings in the court was contrary to

an agreement under which the dispute in question was to be

settled otherwise than by proceedings in the court of that

country; and

(b) those proceedings were not brought in that court by, or with the

agreement of, the person against whom the judgment was

given; and

submit to the jurisdiction of that court.

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(2) Sub-section (1) does not apply where the agreement referred to in

paragraph (a) of that sub-section was illegal, void or unforceable or was

incapable of being performed for reasons not attributable to the fault of the

party bringing the proceedings in which the judgment was given.

(3) In determining whether a judgment given by a court of an overseas

country should be recognised or enforced in Gibraltar, a court in Gibraltar

shall not be bound by any decision of the overseas court relating to any of

the matters mentioned in sub-section (1) or (2).

(4) Nothing in sub-section (1) shall affect the recognition or enforcement

in Gibraltar of–

(a) a judgment which is required to be recognised or enforced there

under the 2005 Hague Convention, the 1968 Convention or the

Lugano Convention or the Regulation;

(b) a judgment to which Part I of the Judgments (Reciprocal

Enforcement) Act 6 applies by virtue of–

(i) section 17 (4) of the Nuclear Installations Act 1965 as

extended by the Nuclear Installations (Gibraltar) Orders

1970 and 1985;

(ii) the Admiralty Jurisdiction (Gibraltar) Order 1987;

(iii) section 4 of the Carriage of Goods by Road Act 1965 as

extended by the Carriage of Goods by Road (Gibraltar)

Order 1967, as amended by the 1981 Order.

Certain steps not to amount to submission to a jurisdiction of overseas

court.

22. (1) For the purposes of determining whether a judgment given by a court

of an overseas country should be recognised or enforced in Gibraltar,the

person against whom the judgment was given shall not be regarded as having

submitted to the jurisdiction of the Court by reason only of the fact that he

appeared (conditionally or otherwise) in the proceedings for all or any one or

more of the following purposes, namely–

(a) to contest the jurisdiction of the court;

(b) to ask the court to dismiss or stay the proceedings on the

ground that the dispute in question should be submitted to

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arbitration or to the determination of the courts of another

country;

threatened with seizure in the proceedings.

(2) Nothing in this section shall affect the recognition or enforcement in

Gibraltar of a judgment which is required to be recognised or enforced there

under the 1968 Convention or the Lugano Convention or the Regulation or

the 2005 Hague Convention.

Certain judgments a bar to further proceedings in the same cause of

action.

23. No proceedings may be brought by a person in Gibraltar on a cause of

action in respect of which a judgment has been given in his favour in

proceedings between the same parties, or their privies, in a court in Gibraltar

or in a court of an overseas country unless that judgment is not enforceable

or entitled to recognition in Gibraltar.

PART IV.

SUPPLEMENTARY AND GENERAL PROVISIONS.

Domicile of individuals.

24. (1) Subject to Article 52 (which contains provisions for determining

whether a party is domiciled in a Contracting State), the following provisions

of this section determine for the purposes of the 1968 Convention, the

Lugano Convention and this Act whether an individual is domiciled in

Gibraltar or in a state other than a Contracting State.

(2) An individual is domiciled in Gibraltar if and only if–

(a) he is resident in Gibraltar; and

(b) the nature and circumstances of his residence indicate that he

has a substantial connection with Gibraltar.

(3) An individual is domiciled in a state other than a Contracting State if

and only if–

(a) he is resident in that state; and

(b) the nature and circumstances of his residence indicate that he

has a substantial connection with that state.

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Domicile and seat of a corporation or association.

25. (1) For the purposes of this Act the seat of a corporation or association

(as determined by this section ) shall be treated as its domicile.

(2) The following provisions of this section determine where a

corporation or association has its seat for the purposes of Article 53 (which

for the purposes of the 1968 Convention or the Lugano Convention, as the

case may be, equates domicile of such a body with its seat) and, subject to

section 26, for the purposes of this Act.

(3) A corporation or association has its seat in Gibraltar if and only if–

(a) it was incorporated or formed under the law of Gibraltar and

has its registered office or some other official address in

Gibraltar; or

(b) its central management and control is exercised in Gibraltar.

(4) Subject to sub-Section (5) a corporation or association has its seat in

a state other than Gibraltar, if and only if–

(a) it was incorporated or formed under the law of that state and

has its registered office or some other official address there; or

(b) its central management and control is exercised in that state.

(5) A corporation or association shall not be regarded as having its seat

in a Contracting State other than Gibraltar if it is shown that the courts of

that state not regard it as having its seat there.

(6) In this section “official address” in relation to a corporation or

association means an address which it is required by law to register, notify or

maintain for the purpose of receiving notices or other communications.

Seat of a corporation or association for purposes of Article 16(2) and

related provisions.

26. (1) The following provisions of this section determine where a

corporation or association has its seat for the purposes of Article 16(2) of

the 1968 Convention or the Lugano Convention (which confers exclusive

jurisdiction over proceedings relating to the formation or dissolution of such

bodies, or to the decisions of their organs).

(2) A corporation or association has its seat in Gibraltar if and only if–

(a) it was incorporated or formed under the law of Gibraltar; or

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(b) its central management and control is exercised in Gibraltar.

(3) Subject to sub-section (4), a corporation or association has its seat in

a Contracting State other than Gibraltar if and only if–

(a) it was incorporated under the law of that state; or

(b) its central management and control is exercised in that state.

(4) A corporation or association shall not be regarded as having its seat

in a Contracting State other than Gibraltar if–

(a) it has its seat in Gibraltar by virtue of sub-section (2) (a); or

(b) it is shown that the courts of that other state would not regard

it for the purposes of Article 16(2) as having its seat there.

(5) In this section “official address” has the same meaning as in section

25(6).

Persons deemed to be domiciled in Gibraltar for certain purposes.

27. (1) This section applies to–

(a) proceedings within Section 3 of Title II of the 1968 Convention

or Section 3 of Title II of the Lugano Convention (insurance

contracts), and

(b) proceedings within Section 4 of Title II of either of those

Conventions.

(2) A person who, for the purposes of proceedings to which this section

applies arising out of the operations of a branch, agency or other

establishment in Gibraltar, is deemed for the purposes of the 1968

Convention or, as the case may be, of the Lugano Convention to be

domiciled in Gibraltar by virtue of–

(a) Article 8, second paragraph (insurers); or

(b) Article 13, second paragraph (suppliers of goods, services or

credit to consumers),

shall, for the purposes of those proceedings, be treated for the purposes of

this Act as so domiciled.

Domicile of Trusts.

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28. (1) The following provisions of this section determine, for the purposes

of the 1968 Convention, the Lugano Convention and this Act, where a trust

is domiciled.

(2) A trust is domiciled in Gibraltar if and only if the system of law of

Gibraltar is the system of law with which the trust has its closest and most

real connection.

Domicile and seat of the Crown.

29. (1) For the purposes of this Act the seat of the Crown (as determined by

this section) shall be treated as its domicile.

(2) The following provisions of this section determine where the Crown

has its seat.

(3) The Crown in right of Her Majesty’s Government in Gibraltar has its

seat in Gibraltar.

Modifications occasioned by decisions of European Court as to meaning

or effect of Conventions.

30.(1) The Minister responsible for justice may, by notice in the Gazette,

make such provision as he considers appropriate for the purposes of bringing

the law in Gibraltar into accord with the Brussels Conventions as affected by

any principle laid down by the European Court in connection with the

Brussels Conventions or by any decision of that court as to the meaning or

effect or any provisions of the Brussels Conventions.

(2) The provision which may be made by virtue of sub-section (1)

includes such modifications of this Act or any other statutory provision,

whenever passed or made, as the Minister responsible for justice considers

appropriate for the purpose mentioned in that sub-section.

Availability of legal assistance.

31. The provisions of the Legal Aid and Assistance Act 5 shall apply to

applications and proceedings under this Act.

Matters for which rules of court may provide.

32. (1) Rules of court may make provision for regulating the procedure to be

followed in any court in connection with any provision of this Act, the

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Lugano Convention, the Brussels Conventions, the Regulation, Regulation

2201/2003 or the 2005 Hague Convention.

(2) Rules of court may make provision as to the manner in which the

conditions subject to which a certificate or judgment enforceable by any

court under any provision of this Act or the Regulation may be enforced

including provision for enabling the court, subject to any conditions specified

in the rules, to give directions about such matters.

(3) Without prejudice to the generality of sub-sections (1) and (2), the

power to make rules of court for the magistrate’s court shall include power

to make such provision as the rule-making authority considers necessary or

expedient for the purposes of the provisions of the Lugano Convention or

the Brussels Conventions and this Act relating to maintenance proceedings

and the recognition and enforcement of maintenance orders, and shall in

particular include power to make provision for any of the following matters–

(a) authorising the service in another Contracting State of process

issued by or for the purposes of the magistrates’ court and the

service and execution in Gibraltar of process issued in another

Contracting State;

(b) requesting courts in other Contracting States to take evidence

there for the purposes of proceedings in Gibraltar;

received from such courts;

(d) the circumstances in which and the conditions subject to which

any powers conferred under paragraphs (a) to (c) are to be

exercised;

(e) the admission in evidence, subject to such conditions as may be

prescribed in the rules, of statements contained in documents

purporting to be made or authenticated by a court in another

Contracting State, or by a judge or official of such a court,

which purports–

(i) to set out or summarise evidence given in proceedings in

that court or to be documents received in evidence in

such proceedings or copies of such documents, or

(ii) to set out or summarise evidence taken for the purposes

of proceedings in Gibraltar whether or not in response to

any such request as is mentioned in paragraph (b), or

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(iii) to record information relating to the payments made

under an order of that court;

(f) the circumstances and manner in which the magistrates’ court

may or must vary or revoke a maintenance order registered in

that court, cancel the registration of, or refrain from enforcing,

such an order;

(g) the cases and manner in which courts in other Contracting

States are to be informed of orders made, or other things done,

by or for the purposes of the magistrate’s court;

(h) the circumstances and manner in which the magistrates’ court

may communicate for other purposes with such courts;

(i) the giving of notice of such matters as may be prescribed in the

rules to such persons as may be so prescribed and the manner in

which such notice is to be given.

(4) Nothing in this section shall be taken as derogating from the

generality of any power to make rules of court conferred by any other

enactment.

(5) Section 15 of the Supreme Court Act 4 shall apply to the exercise by

the Supreme Court of the jurisdiction of that court under this Act.

(6) Section 33 of the Magistrates’ Court Act 2 shall apply as if the

reference in that section to section 24 of that Act were a reference to the

provisions of this Act which give jurisdiction to the magistrate’s court.

Saving of power to stay, strike out or dismiss proceedings.

33. Nothing in this Act shall prevent any court in Gibraltar from staying ,

striking out or dismissing any proceedings before it on the ground of forum

non-conveniens or otherwise, where to do so is not inconsistent with the

1968 Convention or, as the case may be, the Lugano Convention or the 2005

Hague Convention.

Application to Crown.

34. (1) This Act binds the Crown .

(2) In this section and elsewhere in this Act any reference to the

Crown does not include references to Her Majesty in Her Private Capacity.

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Amendments to the Maintenance Orders (Reciprocal Enforcement)

Act 7 .

35. The Maintenance Orders (Reciprocal Enforcement) Act is amended as

provided for in Schedule 7.

Amendments to the Magistrates’ Court Act 2

36. The Magistrates’ Court Act is amended as provided for in Schedule 8.

Amendments to the Judgments (Reciprocal Enforcement) Act 6 .

37. The Judgments (Reciprocal Enforcement) Act is amended as provided

for in Schedule 9.

Application of the Regulation.

38. Schedule 10 (which applies certain provisions of this Act with

modifications for the purposes of the Regulation) shall have effect.

Application of Regulation 2201/2003 – jurisdiction and the recognition

and enforcement of judgments in matrimonial and parental

responsibility matters.

38A. Schedule 11 shall have effect.

Application of provisions of the Civil Jurisdiction and Judgments Act

1993 to judicial settlements.

38B.(1) In this Act “judicial settlements” means judicial settlements referred

to in Article 12 of the 2005 Hague Convention.

(2) Sections 6A, 8A and 11A apply to judicial settlements as if they

were judgments.

(3) Section 32 applies to judicial settlements as if they were judgments to

which the 2005 Hague Convention applies.

PART V

JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS

BETWEEN THE UNITED KINGDOM AND GIBRALTAR

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Arrangements between the United Kingdom and Gibraltar.

39. (1) Gibraltar and the United Kingdom shall be treated as if each were a

separate Regulation State for all purposes connected to the operation of–

(a) the Regulation;

(b) Regulation 2201/2003.

(2) A court of law shall have regard to, but shall not be bound by, the

principles laid down by and any relevant decision of the European Court in

determining any question as to the meaning or effect of any provision of the

Regulation for the purposes of this section

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SCHEDULE 1.

Section 4 (2)

TEXT OF THE 1968 CONVENTION, AS AMENDED

ARRANGEMENT OF PROVISIONS

TITLE I. SCOPE (Article 1)

TITLE II. JURISDICTION

Section 1. General provisions (Article 2-4).

Section 2. Special jurisdiction (Articles 5-6A).

Section 3. Jurisdiction in matters relating to insurance (Articles 7-

12A).

Section 4. Jurisdiction over consumer contracts (Articles 13-15).

Section 5.

Exclusive jurisdiction (Article 16).

Section 6. Prorogation of jurisdiction (Articles 17 and 18).

Section 7. Examination as to jurisdiction and admissibility (Articles

19-20).

Section 8. Lis pendens - Related actions (Articles 21-23).

Section 9. Provisions, including protective measures (Article 24).

TITLE III. RECOGNITION AND ENFORCEMENT

Definition of “judgment” (Article 25).

Section 1. Recognition (Articles 26-30).

Section 2. Enforcement (Articles 31-45).

Section 3. Common Provision (Articles 46-49).

TITLE IV. AUTHENTIC INSTRUMENTS AND COURT

SETTLEMENTS.

(Articles 50-51).

TITLE V. GENERAL PROVISIONS (Articles 52-53).

TITLE VI. TRANSITIONAL PROVISIONS

(Articles 54-54A).

TITLE VII. RELATIONSHIP TO OTHER CONVENTIONS

(Articles 55-59).

TITLE VIII. FINAL PROVISIONS (Articles 60 (deleted) -68).

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CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF

JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS

Preamble

The High Contracting Parties to the Treaty establishing the European

Economic Community.

Desiring to implement the provisions of Article 220 of that Treaty by virtue

of which they undertook to secure the simplification of formalities governing

the reciprocal recognition and enforcement of judgments of courts or

tribunals;

Anxious to strengthen in the Community the legal protection of persons

therein established;

Considering that it is necessary for this purpose to determine the

international jurisdiction of their courts, to facilitate recognition and to

introduce an expeditious procedure for securing the enforcement of

judgments, authentic instruments and court settlements;

Have decided to conclude this Convention and to this end have designated as

their Plenipotentiaries;

(Designation of Plenipotentiaries of the original six Contracting States).

Who, meeting with the Council, having exchanged their Full Powers, found

in good and due form,

Have agreed as follows:

TITLE I.

SCOPE

ARTICLE 1

This Convention shall apply in civil and commercial matters whatever the

nature of the court or tribunal. It shall not extend, in particular, to revenue,

customs, or administrative matters.

The Convention shall not apply to:

(1) the status or legal capacity of natural persons, rights in property arising

out of a matrimonial relationship, wills and succession;

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(2) bankruptcy, proceedings relating to the winding up of insolvent

companies or other legal persons, judicial arrangements, compositions and

analogous proceedings;

(3) social security;

(4) arbitration.

TITLE II

JURISDICTION

Section 1

General provisions

ARTICLE 2

Subject to the provisions of this Convention, persons domiciled in a

Contracting State shall, whatever their nationality, be sued in the courts of

that State.

Persons who are not nationals of the State in which they are domiciled shall

be governed by the rules of jurisdiction applicable to nationals of that State.

ARTICLE 3

Persons domiciled in a Contracting State may be sued in the courts of

another Contracting State only by virtue of the rules set out in Sections 2 to

6 to this Title.

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

in Belgium: Article 15 of the civil code (Code civil - Burgerlijk

Wetboek) and Article 638 of the Judicial code (Code

judiciaire Gerechtelijk Wetboek);

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

(Lov om rettens pleje);

in the Federal

Republic of

Germany:

Article 23 of the code of civil procedure

(Zivilprozessordnung);

in France:

Articles 14 and 15 of the civil code (Code

civil);

in Ireland: the rules which enable jurisdiction to be founded on

the document instituting the proceedings having been

served on the defendant during his temporary

presence in Ireland;

in Italy: Article 2 and Article 4, Nos 1 and 2 of the code of

civil procedure (Codice di procedura civile);

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

in the Netherlands: Article 126 (3) and Article 127 of the code of civil

procedure (Wetboek van Burgerlijke

Rechtsvordering);

in Portugal: Article 65 (1) (c) and 65 (2) and 65A (c) of the Code

of Civil Procedure (codigo de processo civil) and

Article 11 of the code of labour procedure (codigo de

proceso de trabalho);

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;

situated in the United Kingdom.

ARTICLE 4

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If the defendant is not domiciled in a Contracting State, the jurisdiction of

the courts of each Contracting State shall, subject to the provisions of Article

16, be determined by the law of that State.

As against such a defendant, any person domiciled in a Contracting State

may, whatever his nationality, avail himself in that State of the rules of

jurisdiction there in force, and in particular those specified in the second

paragraph of Article 3, in the same way as the nationals of that State.

Section 2

Special jurisdiction

ARTICLE 5

A person domiciled in a Contracting State may, in another Contracting State,

be sued:

(1) in matters relating to a contract, in the courts for the place of

performance of the obligation in question; in matters relating to individual

contracts of employment, this place is that where the employee habitually

carries out his work, or if the employee does not habitually carry out his

work in any one country, the employer may also be sued in the courts for the

place where the business which engaged the employee was or is now

situated;

(2) in matters relating to maintenance, in the courts for the place where the

maintenance creditors is domiciled or habitually resident or, if the matter is

ancillary to proceedings concerning the status of a person, in the court

which, according to its own law, has jurisdiction to entertain 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;

(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) in his capacity as settlor, trustee or beneficiary of a trust created by the

operation of a statute, or by a written instrument, or created orally and

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evidenced in writing, in the courts of the Contracting State 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 Contracting State may also be sued:

(1) where he is one of a number of defendants, in the courts for the place

where any one of them is domiciled;

(2) as a third party in an action on a warranty or guarantee or in any other

third party proceedings, in the court seised of the original proceedings,

unless these were instituted solely with the object of removing him from the

jurisdiction of the court which would be competent in his case;

(3) on a counterclaim arising from the same contract or facts on which the

original claim was based, in the court in which the original claim is pending;

(4) in matters relating to a contract, if the action may be combined with an

action against the same defendant in matters relating to rights in rem in

immovable property, in the court of the Contracting State in which the

property is situated.

ARTICLE 6A

Where by virtue of this Convention a court of a Contracting State has

jurisdiction in actions relating to liability arising from the use or operation of

a ship, that court, or any other court substituted for this purpose by the

internal law of that State, shall also have jurisdiction over claims for

limitation of such liability.

Section 3

Jurisdiction in matters relating to insurance.

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ARTICLE 7

In matters relating to insurance, jurisdiction shall be determined by this

section, without prejudice to the provisions of Articles 4 and 5 (5).

ARTICLE 8

An insurer domiciled in a Contracting State may be sued:

(1) in the courts of the State where he is domiciled; or

(2) in another Contracting State, in the courts for the place where the

policy-holder is domiciled; or

(3) if he is a co-insurer, in the courts of a Contracting State in which

proceedings are brought against the leading insurer.

An insurer who is not domiciled in a Contracting State but has a branch,

agency or other establishment in one of the Contracting States shall, in

disputes arising out of the operations of the branch, agency or establishment,

be deemed to be domiciled in that State.

ARTICLE 9

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

insurer may in addition be sued in the courts for the place where the harmful

event occurred.The same applies if movable and immovable property are

covered by the same insurance policy and both are adversely affected by the

same contingency.

ARTICLE 10

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.

The provisions of Articles 7, 8 and 9 shall apply to actions brought by the

injured party directly against the insurer, where such direct actions are

permitted.

If the law governing such direct actions provides that the policy-holder or

the insured may be joined as a party to the action, the same court shall have

jurisdiction over them.

ARTICLE 11

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Without prejudice to the provisions of the third paragraph of Article 10, an

insurer may bring proceedings only in the courts of the Contracting State in

which the defendant is domiciled, irrespective of whether he is the policy-

holder, the insured or a beneficiary.

The provisions of this section shall not affect the right to bring a

counterclaim in the court in which, in accordance with this section, the

original claim is pending.

ARTICLE 12

The provisions of this section may be departed from only by an agreement on

jurisdiction:

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

(2) which allows the policy-holder, the insured or a beneficiary to bring

proceedings in courts other than those indicated in this section; or

(3) which is concluded between a policy-holder and an insurer, both of

whom are at the time of conclusion of the contract domiciled or habitually

resident in the same Contracting State, and which has the effect of conferring

jurisdiction on the courts of that State even if the harmful event were to

occur abroad, provided that such an agreement is not contrary to the law of

that State; or

(4) which is concluded with a policy-holder who is not domiciled in a

Contracting State, except in so far as the insurance is compulsory or relates

to immovable property in a Contracting State; or

(5) which relates to a contract of insurance in so far as it covers one or

more of the risks set out in Article 12A.

ARTICLE 12A

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

(1) Any loss of or damage to:

(a) sea-going ships, installations situated offshore or on the high

seas, or aircraft, arising from perils which relate to their use for

commercial purposes;

(b) goods in transit other than passengers’ baggage where the

transit consists of or includes carriage by such ships or aircraft.

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(2) Any liability, other than for bodily injury to passengers or loss of or

damage to their baggage,

(a) arising out of the use or operation of ships, installations or

aircraft as referred to in (1)(a) above in so far as the law of the

Contracting State in which such aircraft are registered does not

prohibit agreements on jurisdiction regarding insurance of such

risks,

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

(b) above;

(3) Any financial loss connected with the use or operation of ships,

installations or aircraft as referred to in (1)(a) above, in particular loss of

freight or charter-hire;

(4) Any risk or interest connected with any of those referred to in (1) to (3)

above.

Section 4

Jurisdiction over consumer contracts

ARTICLE 13

In proceedings concerning a contract concluded by a person for a purpose

which can be regarded as being outside his trade or profession, hereinafter

called the “consumer”, jurisdiction shall be determined by this section,

without prejudice to the provisions of Articles 4 and 5(5), if it is:

(1) a contract for the sale of goods on instalment credit terms, or

(2) a contract for a loan repayable by instalments, or for any other form of

credit, made to finance the sale of goods, or

(3) any other contract for the supply of goods or a contract for the supply of

services and

(a) in the State of the consumer’s domicile the conclusion of the

contract was preceded by a specific invitation addressed to him

or by advertising, and

(b) the consumer took in that State the steps necessary for the

conclusion of the contract.

Where a consumer enters into a contract with a party who is not domiciled in

a Contracting State but has a branch, agency or other establishment in one of

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the Contracting States, that party shall, in disputes arising out of the

operations of the branch, agency or establishment, be deemed to be

domiciled in that State.

This section shall not apply to contracts of transport.

ARTICLE 14

A consumer may bring proceedings against the other party to a contract

either in the courts of the Contracting State in which that party is domiciled

or in the courts of the Contracting State in which he is himself domiciled.

Proceedings may be brought against a consumer by the other party to the

contract only in the courts of the Contracting State in which the consumer is

domiciled.

These provisions shall not affect the right to bring a counterclaim in the court

in which, in accordance with this section, the original claim is pending.

ARTICLE 15

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

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

(2) which allows the consumer to bring proceedings in courts other than

those indicated in this section, or

(3) which is entered into by the consumer and the other party to the

contract, both of whom are at the time of conclusion of the contract

domiciled or habitually resident in the same Contracting State, and which

confers jurisdiction on the courts of that State, provided that such an

agreement is not contrary to the law of that State.

Section 5

Exclusive jurisdiction

ARTICLE 16

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

(1)

(a) in proceedings which have as their object rights in rem in

immovable property or tenancies of immovable property, the

courts of the Contracting State in which the property is

situated;

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(b) however, in proceedings which have as their object tenancies of

immovable property concluded for temporary private use for a

maximum period of six consecutive months, the courts of the

Contracting State in which the defendant is domiciled shall also

have jurisdiction, provided that the landlord and the tenant are

natural persons and are domiciled in the same Contracting

State;

(2) in proceedings which have as their object the validity of the constitution,

the nullity or the dissolution of companies or other legal persons or

associations of natural or legal persons, or the decisions of their organs, the

courts of the Contracting State in which the company, legal person or

association has its seat;

(3) in proceedings which have as their object the validity of entries in public

registers, the courts of the Contracting State in which the register is kept;

(4) in proceedings concerned with the registration or validity of patents,

trade marks, designs, or other similar rights required to be deposited or

registered, the courts of the Contracting State in which the deposit or

registration has been applied for, has taken place or is under the terms of an

international convention deemed to have taken place;

(5) in proceedings concerned with the enforcement of judgments, the courts

of the Contracting State in which the judgment has been or is to be enforced.

Section 6

Prorogation of jurisdiction

ARTICLE 17

If the parties, one or more of whom is domiciled in a Contracting State, have

agreed that a court or the courts of a Contracting State are to have

jurisdiction to settle any disputes which have arisen or which may arise in

connection with a particular legal relationship, that court or those courts

shall have exclusive jurisdiction.Such an agreement conferring jurisdiction

shall be either–

(a) in writing or evidenced in writing, or

(b) in a form which accords with practices which the parties have

established between themselves, or

with a usage of which the parties are or ought to have been

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aware and which in such trade or commerce is widely known

to, and regularly observed by, parties to contracts of the type

involved in the particular trade or commerce concerned.

Where such an agreement is concluded by parties, none of whom is

domiciled in a Contracting State, the courts of other Contracting States shall

have no jurisdiction over their disputes unless the court or courts chosen

have declined jurisdiction.

The court or courts of a Contracting State on which a trust instrument has

conferred jurisdiction shall have exclusive jurisdiction in any proceedings

brought against a settlor, trustee or beneficiary, if relations between these

persons or their rights or obligations under the trust are involved.

Agreements or provisions of a trust instrument conferring jurisdiction shall

have no legal force if they are contrary to the provisions of Articles 12 or 15

or if the courts whose jurisdiction they purport to exclude have exclusive

jurisdiction by virtue of Article 16.

If an agreement conferring jurisdiction was concluded for the benefit of only

one of the parties, that party shall retain the right to bring proceedings in any

other court which has jurisdiction by virtue of the Convention.

In matters relating to individual contracts of employment an agreement

conferring jurisdiction shall have legal force only if it is entered into after the

dispute has arisen or if the employee invokes it to seise courts other than

those for the defendant’s domicile or those specified in Article 5(1).

ARTICLE 18

Apart from jurisdiction derived from other provisions of this Convention, a

court of a Contracting State before whom a defendant enters an appearance

shall have jurisdiction. This rule shall not apply where appearance was

entered solely to contest the jurisdiction, or where another court has

exclusively jurisdiction by virtue of Article 16.

Section 7

Examination as to jurisdiction and admissibility

ARTICLE 19

Where a court of a Contracting State is seised of a claim which is principally

concerned with a matter over which the courts of another Contracting State

have exclusive jurisdiction by virtue of Article 16, it shall declare of its own

motion that it has no jurisdiction.

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ARTICLE 20

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

another Contracting State and does not enter an appearance, the court shall

declare of its own motion that it has no jurisdiction unless its jurisdiction is

derived from the provisions of this Convention.

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

defendant has been able to receive the document instituting the proceedings

or an equivalent document in sufficient time to enable him to arrange for his

defence, or that all necessary steps have been taken to this end.

The provisions of the foregoing paragraphs shall be replaced by those of

Article 15 of the Hague Convention of 15 November 1965 on the Service

Abroad of Judicial and Extrajudicial Documents in Civil or Commercial

Matters, if the document instituting the proceedings or notice thereof had to

be transmitted abroad in accordance with that Convention.

Section 8

Lis Pendens -Related actions

ARTICLE 21

Where proceedings involving the same cause of action and between the same

parties are brought in the courts of different Contracting States, any court

other than the court first seised shall of its own motion stay its proceedings

until such time as the jurisdiction of the court first seised is established.

Where the jurisdiction of the court first seised is established, any court other

than the court first seised shall decline jurisdiction in favour of that court.

ARTICLE 22

Where related actions are brought in the courts of different Contracting

States, any court other than the court first seised may, while the actions are

pending at first instance, stay its proceedings.

A court other than the court first seised may also, on the application of one

of the parties, decline jurisdiction if the law of that court permits the

consolidation of related actions and the court first seised has jurisdiction over

both actions.

For the purposes of this Article, actions are deemed to be related where they

are so closely connected that it is expedient to hear and determine them

together to avoid the risk of irreconcilable judgments resulting from separate

proceedings.

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ARTICLE 23

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.

Section 9

Provisional, including protective measures

ARTICLE 24

Application may be made to the courts of a Contracting State for such

provisional, including protective measures as may be available under the law

of that State, even if, under this Convention, the courts of another

Contracting State have jurisdiction as to the substance of the matter.

TITLE III.

RECOGNITION AND ENFORCEMENT

ARTICLE 25

For the purposes of this Convention, “judgment” means any judgment given

by a court or tribunal of a Contracting State, whatever the judgment may be

called, including a decree, 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 26

A judgment given in a Contracting State shall be recognised in the other

Contracting State without any special procedure being required.

Any interested party who raises the recognition of a judgment as the

principal issue in a dispute may, in accordance with the procedures provided

for in sections 2 and 3 of this Title, apply for a decision that the judgment be

recognised.

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If the outcome of proceedings in a court of a Contracting State depends on

the determination of an incidental question of recognition that court shall

have jurisdiction over that question.

ARTICLE 27

A judgment shall not be recognised:

(1) if such recognition is contrary to public policy in the State in which

recognition is sought;

(2) where it was given in default of appearance, if the defendant was not

duly served with the document which instituted the proceedings or with an

equivalent document in sufficient time to enable him to arrange for his

defence;

(3) if the judgment is irreconcilable with a judgment given in a dispute

between the same parties in the State in which recognition is sought;

(4) if the court of the State in which the judgment was given, in order to

arrive at its judgment, has decided a preliminary question concerning the

status or legal capacity of natural persons, rights in property arising out of a

matrimonial relationship, wills or succession in a way that conflicts with a

rule of the private international law of the State in which the recognition is

sought, unless the same result would have been reached by the application of

the rules of private international law of that State;

(5) if the judgment is irreconcilable with an earlier judgment given in a non-

Contracting State involving the same cause of action and between the same

parties, provided that this latter judgment fulfils the conditions necessary for

its recognition in the State addressed.

ARTICLE 28

Moreover, a judgment shall not be recognised if it conflicts with the

provisions of sections 3, 4 or 5 of Title II, or in a case provided for in Article

59.

In its examination of the grounds of jurisdiction referred to in the foregoing

paragraph, the court or authority applied to shall be bound by the findings of

fact on which the court of the State in which the judgment was given based

its jurisdiction.

Subject to the provisions of the first paragraph, the jurisdiction of the court

of the State in which the judgment was given may not be reviewed; the test

of public policy referred to in Article 27(1) may not be applied to the rules

relating to jurisdiction.

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ARTICLE 29

Under no circumstances may a foreign judgment be reviewed.

ARTICLE 30

A court of a Contracting State in which recognition is sought of a judgment

given in another Contracting State may stay the proceedings if an ordinary

appeal against the judgment has been lodged.

A court of a Contracting State in which recognition is sought of a judgment

given in Ireland or the United Kingdom may stay the proceedings if

enforcement is suspended in the State of origin, by reason of an appeal.

Section 2

Enforcement

ARTICLE 31

A judgment given in a Contracting State and enforceable in that State shall

be enforced in another Contracting State when, on the application of any

interested party, it has been declared enforceable there.

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

England and Wales, in Scotland, or in Northern Ireland when, on the

application of any interested party, it has been registered for enforcement in

that part of the United Kingdom.

ARTICLE 32

(1) The application shall be submitted–

- in Belgium, to the tribunal de premiere instance or rechtbank van eerste

aanleg,

- in Denmark, to the byret,

- in the Federal Republic of Germany, to the presiding judge of a chamber

of the Landgericht ,

- in Greece, to the í,

- in Spain, to the Juzgado de Primera Instancia,

- in France, to the presiding judge of the ribunal de grande instance,

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- in Ireland, to the High Court,

- in Italy, to the corte d’appello

- in Luxembourg, to the presiding judge of the tribunal d’arrondissement,

- in the Netherlands, to the presiding judge of the

arrondissementsrechtbank,

- in Portugal, to the Tribunal Judicial de Circulo,

- In the United Kingdom–

(a) in England and Wales, to the High Court of Justice, or in the

case of a maintenance judgment to the Magistrates’ Court on

transmission by the Secretary of State;

(b) in Scotland, to the Court of Session, or in the case of a

maintenance judgment to the Sheriff Court on transmission by

the Secretary of State;

of a maintenance judgment to the Magistrates’ Court on

transmission by the Secretary of State.

(2) The jurisdiction of local courts shall be determined by reference to the

place of domicile of the party against whom enforcement is sought. If he is

not domiciled in the State in which enforcement is sought, it shall be

determined by reference to the place of enforcement.

ARTICLE 33

The procedure for making the application shall be governed by the law of the

State in which enforcement is sought.

The applicant must give an address for service of process within the area of

jurisdiction of the court applied to. However, if the law of the State in which

enforcement is sought does not provide for the furnishing of such an address,

the applicant shall appoint a representative ad litem.

The documents referred to in Article 46 and 47 shall be attached to the

application.

ARTICLE 34

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The court applied to shall give its decision without delay; the party against

whom enforcement is sought shall not at this stage of the proceedings be

entitled to make any submissions on the application.

The application may be refused only for one of the reasons specified in

Articles 27 and 28.

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

substance.

ARTICLE 35

The appropriate officer of the court shall without delay bring the decision

given on the application to the notice of the applicant in accordance with the

procedure laid down by the law of the State in which enforcement is sought.

ARTICLE 36

If enforcement is authorised, the party against whom enforcement is sought

may appeal against the decision within one month of service thereof.

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

decision authorising enforcement was given, the time for appealing shall be

two months and shall run from the date of service, either on him in person or

at his residence. No extension of time may be granted on account of

distance.

ARTICLE 37

(1) An appeal against the decision authorizing enforcement shall be lodged in

accordance with the rules governing procedure in contentious matters–

- in Belgium, with the tribunal de premiere instance or rechtbank van eerste

aanleg,

- in Denmark, with the landsret,

- in the Federal Republic of Germany, with the Oberlandesgericht,

- in Greece, with the ,

- in Spain, with the Audiencia Provincial,

- in France, with the cour d’appel,

- in Ireland, with the High Court,

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- in Italy, with the corte d’appello,

- in Luxembourg, with the Cour superieure de justice sitting as a court of

civil appeal,

- in the Netherlands, with the arrondissemenstsrechtbank,

- in Portugal, with the Tribunal de Relacao,

- in the United Kingdom–

(a) in England and Wales, with the High Court of Justice, or in the

case of a maintenance judgment with the Magistrates’ Court;

(b) in Scotland, with the Court of Session, or in the case of a

maintenance judgment with the Magistrates’ Court;

case of a maintenance judgment with the Magistrates’ Court.

(2) The judgment given on the appeal may be contested only–

- in Belgium, Greece, Spain, France, Italy, Luxembourg and in the

Netherlands, by an appeal in cassation,

- in Denmark, by an appeal to the højesteret, with the leave of the Minister

of Justice,

- in the Federal Republic of Germany, by a Rechtsbeschwerde,

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

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

- in the United Kingdom, by a single further appeal on a point of law.

ARTICLE 38

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

application of the appellant, stay the proceedings if an ordinary appeal has

been lodged against the judgment in the State of origin or if the time for such

an appeal has not yet expired; in the latter case, the court may specify the

time within which such an appeal is to be lodged.

Where the judgment was given in Ireland or in the United Kingdom, any

form of appeal available in the State of origin shall be treated as an ordinary

appeal for the purposes of the first paragraph.

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The court may also make enforcement conditional on the provision of such

security as it shall determine.

ARTICLE 39

During the time specified for an appeal pursuant to Article 36 and until any

such appeal has been determined, no measures of enforcement may be taken

other than protective measures taken against the property of the party

against whom enforcement is sought.

The decision authorising enforcement shall carry with it the power to

proceed to any such protective measures.

ARTICLE 40

(1) If the application for enforcement is refused, the applicant may appeal–

- in Belgium, to the cour d’appel or hof van beroep,

- in Denmark, to the landsret,

- in the Federal Republic of Germany, to the Oberlandesgericht,

- in Greece, to the ,

- in Spain, to the Audiencia Provincial,

- in France, to the cour d’appel,

- in Ireland, to the High Court,

- in Italy, to the corte d’appello,

- in Luxembourg, to the Cour superieure de justice sitting as a court of civil

appeal,

- in the Netherlands, to the gerechtshof,

- in Portugal, to the Tribunal da Relaçao,

- in the United Kingdom–

(a) in England and Wales, to the High Court of Justice, or in the

case of a maintenance judgment to the Magistrates’ Court;

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(b) in Scotland, to the Court of Session, or in the case of a

maintenance judgment to the Sheriff Court;

of a maintenance judgment to the Magistrates’ Court.

(2) The party against whom enforcement is sought shall be summoned to

appear before the appellate court. If he fails to appear, the provisions of the

second and third paragraphs of Article 20 shall apply even where he is not

domiciled in any of the Contracting States.

ARTICLE 41

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

only–

- in Belgium, Greece, Spain, France, Italy, Luxembourg and in the

Netherlands, by an appeal in cassation,

- in Denmark, by an appeal to the højesteret, with the leave of the Minister

of Justice,

- in the Federal Republic of Germany, by a Rechtsbeschwerde,

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

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

- in the United Kingdom, by a single further appeal on a point of law.

ARTICLE 42

Where a foreign judgment has been given in respect of several matters and

enforcement cannot be authorised for all of them, the court shall authorise

enforcement for one or more of them.

An applicant may request partial enforcement of a judgment.

ARTICLE 43

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

shall be enforceable in the State in which enforcement is sought only if the

amount of the payment has been finally determined by the courts of the State

of origin.

ARTICLE 44

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An applicant who, in the State in which the judgment was given, has

benefitted from complete or partial legal aid or exemption from costs or

expenses, shall be entitled, in the procedures provided for in Articles 32 to

35, to benefit from the most favourable legal aid or the most extensive

exemption from costs or expenses provided for by the law of the State

addressed.

An applicant who requests the enforcement of a decision given by an

administrative authority in Denmark in respect of a maintenance order may,

in the State addressed, claim the benefits referred to in the first paragraph if

he presents a statement from the Danish Ministry of Justice to the effect that

he fulfils the economic requirements to qualify for the grant of complete or

partial legal aid or exemption from costs or expenses.

Article 45

No security, bond or deposit, however described, shall be required of a party

who in one Contracting State applies for enforcement of a judgment given in

another Contracting State on the ground that he is a foreign national or that

he is not domiciled or resident in the State in which enforcement is sought.

Section 3

Common provisions

ARTICLE 46

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

produce:

(1) a copy of the judgment which satisfies the conditions necessary to

establish its authenticity;

(2) in the case of a judgment given in default, the original or a certified true

copy of the document which establishes that the party in default was served

with the document instituting the proceedings or with an equivalent

document.

ARTICLE 47

A party applying for enforcement shall also produce–

(1) documents which establish that, according to the law of the State of

origin the judgment is enforceable and has been served;

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(2) where appropriate, a document showing that the applicant is in receipt of

legal aid in the State of origin.

ARTICLE 48

If the documents specified in Article 46(2) and Article 47(2) are not

produced, the court may specify a time for their production, accept

equivalent documents or, if it considers that it has sufficient information

before it, dispense with their production.

If the court so requires, a translation of the documents shall be produced; the

translation shall be certified by a person qualified to do so in one of the

Contracting States.

ARTICLE 49

No legislation or other similar formality shall be required in respect of the

documents referred to in Articles 46 or 47 or the second paragraph of Article

48, or in respect of a document appointing a representative ad litem.

TITLE IV.

AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

ARTICLE 50

A document which has been formally drawn up or registered as an authentic

instrument and is enforceable in one Contracting State shall, in another

Contracting State, be declared enforceable there, on application made in

accordance with the procedures provided for in Article 31 et seq. The

application may be refused only if enforcement of the instrument is contrary

to public policy in the State addressed.

The instrument produced must satisfy the conditions necessary to establish

its authenticity in the State of origin.

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

ARTICLE 51

A settlement which has been approved by a court in the course of

proceedings and is enforceable in the State in which it was concluded, shall

be enforceable in the State addressed under the same condition as authentic

instruments.

Civil Jurisdiction and Judgments

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TITLE V.

GENERAL PROVISIONS

ARTICLE 52

In order to determine whether a party is domiciled in the Contracting State

whose courts are seised of the matter, the court shall apply its internal law.

If a party is not domiciled in the State whose courts are seised of the matter,

then, in order to determine whether the party is domiciled in another

Contracting State, the court shall apply the law of that State.

ARTICLE 53

For the purposes of this Convention, the seat of a company or other legal

person or association of natural or legal persons, shall be treated as its

domicile. However, in order to determine that seat, the court shall apply its

rules of private international law.

In order to determine whether a trust is domiciled in the Contracting State

whose courts are seised of the matter, the court shall apply its rules of

private international law.

TITLE VI.

TRANSITIONAL PROVISIONS

ARTICLE 54

The provisions of this Convention shall apply only to legal proceedings

instituted and to documents formally drawn up or registered as authentic

instruments after its entry into force in the State of origin and, where

recognition or enforcement of a judgment or authentic instruments is sought,

in the State addressed.

However, judgments given after the date of entry into force of this

Convention between the State of origin and the State addressed in

proceedings instituted before that date shall be recognized and enforced in

accordance with the provisions of Title III if jurisdiction was founded upon

rules which accorded with those provided for either in Title II of this

Convention or in a convention included between the State of origin and the

State addressed which was in force when the proceedings were instituted.

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If the parties to a dispute concerning a contract had agreed in writing before

1st June 1988 for Ireland or before 1st January 1987 for the United Kingdom

that the contract was to be governed by the law of Ireland or of a part of the

United Kingdom, the courts of Ireland or of that part of the United Kingdom

shall retain the right to exercise jurisdiction in the dispute.

ARTICLE 54A

For a period of three years from 1st November 1986 for Denmark and from

1st June 1988 from Ireland, jurisdiction in maritime matters shall be

determined in these States not only in accordance with the provisions of Title

II, but also in accordance with the provisions of paragraphs 1 to 6 following.

However, upon the entry into force of the International Convention relating

to the arrest of sea-going ships, signed at Brussels on 10th May 1952, for

one these States, these provisions shall cease to have effect for that State.

(1) A person who is domiciled in a Contracting State may be sued in the

courts of one of the States mentioned above in respect of a maritime claim if

the ship to which the claim relates or any other ship owned by him has been

arrested by judicial process within the territory of the latter State to secure

the claim, or could have been so arrested there but bail or other security has

been given, and either:

(a) the claimant is domiciled in the latter State, or

(b) the claim arose in the latter State, or

made or could have been made, or

(d) the claim arises out of a collision or out of damage caused by a

ship to another ship or to goods or persons on board either

ship, either by the execution or non-execution of a manoeuvre

or by the non-observance of regulations, or

(e) the claim is for salvage, or

(f) the claim is in respect of a mortgage or hypothecation of the

ship arrested.

(2) A claimant may arrest either the particular ship to which the maritime

claim relates, or any other ship which is owned by the person who was, at

the time when the maritime claim arose, the owner of the particular ship.

However, only the particular ship to which the maritime claim relates may be

arrested in respect of the maritime claims set out in 5 (o), (p) or (q) of this

Article.

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(3) Ships shall be deemed to be in the same ownership when all the shares

therein are owned by the same person or persons.

(4) When in the case of a charter by demise of a ship the charterer alone is

liable in respect of a maritime claim relating to that ship, the claimant may

arrest that ship or any other ship owned by the charterer, but no other ship

owned by the owner may be arrested in respect of such claim. The same shall

apply to any case in which a person other than the owner of a ship is liable in

respect of a maritime claim relating to that ship.

(5) The expression “maritime claim” means a claim arising out of one or

more of the following:

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

(b) loss of life or personal injury caused by any ship or occurring in

connection with the operation on any ship;

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

charterparty or otherwise;

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

by charterparty or otherwise;

(f) loss of or damage to goods including baggage carried in any

ship;

(g) general average;

(h) bottomry;

(i) towage;

(j) pilotage;

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

or maintenance;

(l) construction, repair or equipment of any ship or dock charges

and dues;

(m) wages of master, officers or crew;

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(n) master’s disbursements, including disbursements made by

shippers, charterers or agents on behalf of a ship or her owner;

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

(p) disputes between co-owners of any ship as to the ownership,

possession, employment or earnings of that ship;

(q) the mortgage or hypothecation of any ship.

(6) In Denmark, the expression “arrest” shall be deemed as regards the

maritime claims referred to in 5(o) and (p) of this Article, to include a

“forbud”, where that is the only procedure allowed in respect of such a claim

under Articles 646 to 653 of the law on civil procedure (lov om rettens

pleje).

TITLE VII.

RELATIONSHIP TO OTHER CONVENTIONS

ARTICLE 55

Subject to the provisions of the second paragraph of Article 54, and of

Article 56, this Convention shall, for the States which are parties to it,

supersede the following conventions concluded between two or more of

them:

- the Convention between Belgium and France on Jurisdiction and the

Validity and Enforcement of Judgments, Arbitration Awards and

Authentic Instruments, signed at Paris on 8 July 1989;

- the Convention between Belgium and the Netherlands on Jurisdiction,

Bankruptcy, and the Validity and Enforcement of Judgments, Arbitration

Awards and Authentic Instruments, signed at Brussels on 28th March

1925;

- the Convention between France and Italy on the Enforcement of

Judgments in Civil and Commercial Matters, signed at Rome on 3 June

1930;

- the Convention between the United Kingdom and the French Republic

providing for the Reciprocal Enforcement of Judgments in Civil and

Commercial Matters, with Protocol, signed at Paris on 18 January 1934;

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- the Convention between the United Kingdom and the Kingdom of

Belgium providing for the Reciprocal Enforcement in Civil and

Commercial Matters, with Protocol, signed at Brussels on 2 May 1934;

- the Convention between Germany and Italy on the Recognition and

Enforcement of Judgments in Civil and Commercial matters, signed at

Rome on 9 March 1936;

- the Convention between the Federal Republic of Germany and the

Kingdom of Belgium on the Mutual Recognition and Enforcement of

Judgments, Arbitration Awards and Authentic Instruments in Civil and

Commercial Matters, signed at Bonn on 30 June 1958;

- the Convention between the Kingdom of the Netherlands and the Italian

Republic on the Recognition and Enforcement of Judgments in Civil and

Commercial Matters, signed at Rome on 17 April 1959;

- the Convention between the United Kingdom and the Federal Republic of

Germany for the Reciprocal Recognition and Enforcement of Judgments

in Civil and Commercial Matters, signed at Bonn on 14 July 1960;

- the Convention between the Kingdom of Belgium and the Italian Republic

on the Recognition and Enforcement of Judgments and other Enforceable

Instruments in Civil and Commercial Matters signed at Rome on 6 April

1962;

- the Convention between the Kingdom of the Netherlands and the Federal

Republic of Germany on the Mutual Recognition and Enforcement of

Judgments and other Enforceable Instruments in Civil and Commercial

Matters, signed at The Hague on 30 August 1962;

- the Convention between the United Kingdom and the Republic of Italy for

the Reciprocal Recognition and Enforcement of Judgments in Civil and

Commercial Matters, signed at Rome on 7 February 1964, with amending

Protocol signed at Rome on 14 July 1970;

- the Convention between the United Kingdom and the Kingdom of the

Netherlands providing for the Reciprocal Recognition and Enforcement of

Judgments in Civil Matters, signed at the Hague on 17th November 1967;

- the Convention between Spain and France on the Recognition and

Enforcement of Judgments Arbitration Awards in Civil and Commercial

Matters, signed at Paris on 28 May 1969;

- the Convention between Spain and Italy regarding Legal Aid and the

Recognition and Enforcement of Judgments in Civil and Commercial

Matters, signed at Madrid on 22 May 1973;

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- the Convention between Spain and the Federal Republic of Germany on

the Recognition and Enforcement of Judgments, Settlements and

Enforceable Authentic Instruments in Civil and Commercial Matters,

signed at Bonn on 14 November 1983;

and, in so far as it is in force:

- the Treaty between Belgium, the Netherlands and Luxembourg on

Jurisdiction, Bankruptcy, and the Validity and Enforcement of Judgments,

Arbitration Awards and Authentic Instruments, signed at Brussels on 24

November 1961.

ARTICLE 56

The Treaty and the conventions referred to in Article 55 shall continue to

have effect in relation to matters to which this Convention does not apply.

They shall continue to have effect in respect of judgments given and

documents formally drawn up or registered as authentic instruments before

the entry into force of this Convention.

ARTICLE 57

(1) This Convention shall not affect any conventions to which the

Contracting States are or will be parties and which in relation to particular

matters, govern jurisdiction or the recognition or enforcement of judgments.

(2) With a view to its uniform interpretation, paragraph 1 shall be applied in

the following manner–

(a) this Convention shall not prevent a court of a Contracting State

which is a party to a convention on a particular matter from

assuming jurisdiction in accordance with that Convention, even

where the defendant is domiciled in another Contracting State

which is not a party to that Convention. The court hearing the

action shall in any event, apply Article 20 of this Convention;

(b) judgments given in a Contracting State by a court in the

exercise of jurisdiction provided for in a convention on a

particular matter shall be recognized and enforced in the other

Contracting State in accordance with his Convention.

Where a convention on a particular matter to which both the State of origin

and the State addressed are parties lays down conditions for the recognition

or enforcement of judgments, those conditions shall apply. In any event, the

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provisions of this Convention which concern the procedure for recognition

and enforcement of judgments may be applied.

(3) This Convention shall not affect the application of provisions which, in

relation to particular matters, govern jurisdiction or the recognition or

enforcement of judgments and which are or will be contained in acts of the

institutions of the European Communities or in national laws harmonized in

implementation of such acts.

ARTICLE 58

Until such time as the Convention on jurisdiction and the enforcement of

judgments in civil and commercial matters, signed at Lugano on 16

September 1988, takes effect with regard to France and the Swiss

Confederation, this Convention shall not affect the rights granted to Swiss

nationals by the Convention between France and the Swiss Confederation on

jurisdiction and enforcement of judgments in civil matters, signed at Paris on

15 June 1869.

ARTICLE 59

This Convention shall not prevent a Contracting State from assuming, in a

convention on the recognition and enforcement of judgments, an obligation

towards a third State not to recognise judgments given in other Contracting

States against defendants domiciled or habitually resident in the third State

where, in cases provided for in Article 4, the judgment could only be

founded on a ground of jurisdiction specified in the second paragraph of

Article 3.

However, a Contracting State may not assume an obligation towards a third

State not to recognise a judgment given in another Contracting State by a

court basing its jurisdiction on the presence within the State of property

belonging to the defendant, or the seizure by the plaintiff of property situated

there:

(1) if the action is brought to assert or declare proprietary or possessory

rights in that property, seeks to obtain authority to dispose of it, or arises

from another issue relating to such property, or

(2) if the property constitutes the security for a debt which is the subject

matter of the action.

TITLE VIII

FINAL PROVISIONS

ARTICLE 60

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(Deleted)

ARTICLE 61

This Convention shall be ratified by the signatory States. The instruments of

ratification shall be deposited with the Secretary-General of the Council of

the European Communities.

ARTICLE 62

This Convention shall enter into force on the first day of the third month

following the deposit of the instrument of ratification by the last signatory

State to take this step.

ARTICLE 63

The Contracting States recognise that any State which becomes a member of

the European Economic Community shall be required to accept this

Convention as a basis for the negotiations between the Contracting States

and that State necessary to ensure the implementation of the last paragraph

of Article 220 of the Treaty establishing the European Economic

Community.

The necessary adjustments may be the subject of a special convention

between the Contracting States of the one part and the new Member State of

the other part.

ARTICLE 64

The Secretary-General of the Council of the European Communities shall

notify the signatory States of:

(a) the deposit of each instrument of ratification;

(b) the date of entry into force of this Convention;

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

(e) any communication made pursuant to Article VI of the

Protocol.

ARTICLE 65

The Protocol annexed to this Convention by common accord of the

Contracting States shall form an integral part thereof.

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ARTICLE 66

This Convention is concluded for an unlimited period.

ARTICLE 67

Any Contracting State may request the revision of this Convention. In this

event, a revision conference shall be convened by the President of the

Council of the European Communities.

ARTICLE 68

This Convention, drawn up in a single original in the Dutch, French, German

and Italian languages, all four texts being equally authentic, shall be

deposited in the archives of the Secretariat of the Council of the European

Communities. The Secretary-General shall transmit a certified copy to the

Government of each signatory State.

(Signatures of Plenipotentiaries of the original six Contracting States).

ANNEXED PROTOCOL

The High Contracting Parties have agreed upon the following provisions

which shall be annexed to the Convention.

ARTICLE I

Any person domiciled in Luxembourg who is sued in a court of another

Contracting State pursuant to Article 5 (1) may refuse to submit to the

jurisdiction of that court. If the defendant does not enter an appearance the

court shall declare of its own motion that it has no jurisdiction.

An agreement conferring jurisdiction, within the meaning of Article 17, shall

be valid with respect to a person domiciled in Luxembourg only if that

person has expressly and specifically so agreed.

ARTICLE II

Without prejudice to any more favourable provisions of national laws,

persons domiciled in a Contracting State who are being prosecuted in the

criminal courts of another Contracting State of which they are not nationals

for an offence which was not intentionally committed, may be defended by

persons qualified to do so, even if they do not appear in person.

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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 Contracting States.

ARTICLE III

In proceedings for the issue of an order for enforcement, no charge, duty or

fee calculated by reference to the value of the matter in issue may be levied in

the State in which enforcement is sought.

ARTICLE IV

Judicial and extrajudicial documents drawn up in one Contracting State

which have to be served on persons in another Contracting State shall be

transmitted in accordance with the procedures laid down in the conventions

and agreements concluded between the Contracting States.

Unless the State in which service is to take place objects by declaration to

the Secretary-General of the Council of the European Communities, such

documents may also be sent by the appropriate public officers of the State in

which the document has been drawn up directly to the appropriate public

officers of the State in which the addressee is to be found. In this case the

officer of the State of origin shall send a copy of the document to the officer

of the State addressed who is competent to forward it to the addressee. The

document shall be forwarded in the manner specified by the law of the State

addressed. The forwarding shall be recorded by a certificate sent directly to

the officer of the State of origin.

ARTICLE V

The jurisdiction specified in Article 6 (2) and Article 10 in actions on a

warranty or guarantee or in any other third party proceedings may not be

resorted to in the Federal Republic of Germany. In that State, any person

domiciled in another Contracting State may be sued in the courts in

pursuance of Articles 68, 72, 73 and 74 of the code of civil procedure

(Zivilprozessordnung) concerning third party notices.

Judgments given in the other Contracting States by virtue of Article 6(2) or

Article 10 shall be recognised and enforced in the Federal Republic of

Germany in accordance with Title III. Any effects which judgments given in

that State may have on third parties by application of Articles 68, 72, 73 and

74 on the code of civil procedure (Zivilprozessordnung) shall also be

recognised in the other Contracting States.

ARTICLE V A

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In matters relating to maintenance, the expression “court” includes the

Danish administrative authorities.

ARTICLE V B

In proceedings involving a dispute between the master and a member of the

crew of a sea-going ship registered in Denmark or in Ireland or in Portugal,

concerning remuneration or other conditions of service, a court in a

Contracting State shall establish whether the diplomatic or consular officer

responsible for the ship has been notified of the dispute. It shall stay the

proceedings so long as he has not been notified. It shall of its own motion

decline jurisdiction if the officer, having been duly notified, has exercised the

powers accorded to him in the matter by a consular convention, or in the

absence of such a convention, has, within the time allowed, raised any

objection to the exercise of such jurisdiction.

ARTICLE V C

Articles 52 and 53 of this Convention shall, when applied by Article 69(5) of

the Convention for the European Patent for the Common Market, signed at

Luxembourg on 15 December 1975, to the provisions relating to “residence”

in the English text of that Convention, operate as if “residence” in that text

were the same as “domicile” in Articles 52 and 53.

ARTICLE V D

Without prejudice to the jurisdiction of the European Patent Office under the

Convention on the Grant of European Patents, signed at Munich on 5

October 1973, the courts of each Contracting State shall have exclusive

jurisdiction, regardless of domicile, in proceedings concerned with the

registration or validity of any European patent granted for that State which is

not a Community patent by virtue of the provisions of Article 86 of the

Convention for the European Patent for the Common Market, signed at

Luxembourg on 15 December 1975.

ARTICLE VI

The Contracting States shall communicate to the Secretary-General of the

Council of the European Communities the text of any provisions of their

laws which amend either those articles of their laws mentioned in the

Convention or the lists of courts specified in section 2 of Title III of the

Convention.

(Signatures of Plenipotentiaries of the original six Contracting States).

________________

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SCHEDULE 2.

Section 4(2)

TEXT OF 1971 PROTOCOL, AS AMENDED

ARTICLE 1

The Court of Justice of the European Communities shall have jurisdiction to

give rulings on the interpretation of the Convention on Jurisdiction and the

Enforcement of Judgments in Civil and Commercial Matters and of the

Protocol annexed to that Convention, signed at Brussels on 27 September

1968, and also on the interpretation of the present Protocol.

The Court of Justice of the European Communities shall also have

jurisdiction to give rulings on the interpretation of the Convention on the

Accession of the Kingdom of Denmark, Ireland and the United Kingdom of

Great Britain and Northern Ireland to the Convention of 27 September 1968

and to this Protocol.

The Court of Justice of the European Communities shall also have

jurisdiction to give rulings on the interpretation of the Convention on the

Accession of the Kingdom of Spain and the Portuguese Republic to the

Convention of 27 September 1968 and to this Protocol, as adjusted by the

1978 Convention and the 1982 Convention.

ARTICLE 2

The following courts may request the Court of Justice to give preliminary

rulings on questions of interpretation:

(1) - in Belgium: La Cour de Cassation - het Hof van Cassatie and le

Conseil d’Etat - de Raad van State,

- in Denmark: højesteret,

- in the Federal Republic of Germany: die obersten Gerichtshofe des

Bundes,

- in France: la Cour de Cassation and le Conseil d’Etat,

- in Greece: the  

- in Ireland: the Supreme Court,

- in Italy: la Corte Suprema di Cassazione,

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- in Luxembourg: la Cour superieure de Justice when sitting as Cour

de Cassation,

- in the Netherlands: de Hoge Road,

- in Portugal: o Supremo Tribunal de Justicia and o Supremo

Tribunal Administrativo,

- in Spain: el Tribunal Supremo,

- in the United Kingdom: the House of Lords and courts to which

application has been made under the second paragraph of Article

37 or under Article 41 of the Convention;

(2) the courts of the Contracting States when they are sitting in an appellate

capacity;

(3) in the cases provided for in Article 37 of the Convention, the court

referred to in that Article.

ARTICLE 3

(1) Where a question of interpretation of the Convention or of one of the

other instruments referred to in Article 1 is raised in a case pending before

one of the courts listed in Article 2 (1), that court shall, if it considers that a

decision on the question is necessary to enable it to give judgment, request

the Court of Justice to give a ruling thereon.

(2) Where such a question is raised before any court referred to in Article 2

(2) or 3, that court may, under the conditions laid down in paragraph (1),

request the Court of Justice to give a ruling thereon.

ARTICLE 4

(1) The competent authority of a Contracting State may request the Court of

Justice to give a ruling on a question of interpretation of the Convention or

of one of the other instruments referred to in Article 1 if judgments given by

courts of that State conflict with the interpretation given either by the Court

of Justice or in judgment of one of the courts of another Contracting State

referred to in Article 2(1) or (2). The provisions of this paragraph shall apply

only to judgments which have become res judicata.

(2) The interpretation given by the Court of Justice in response to such a

request shall not affect the judgments which gave rise to the request for

interpretation.

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(3) The Procurators-General of the Courts of Cassation of the Contracting

States, or any other authority designated by a Contracting State, shall be

entitled to request the Court of Justice for a ruling on interpretation in

accordance with paragraph (1).

(4) The Registrar of the Court of Justice shall give notice of the request to

the Contracting States, to the Commission and to the Council of the

European Communities; they shall then be entitled within 2 months of the

notification to submit statements of case or written observations to the court.

(5) No fees shall be levied or any costs or expenses awarded in respect of the

proceedings provided for in this Article.

ARTICLE 5

(1) Except where this Protocol otherwise provides, the provisions of the

Treaty establishing the European Economic Community and those of the

Protocol of the Statute of the Court of Justice annexed thereto, which are

applicable when the court is requested to give a preliminary ruling, shall also

apply to any proceedings for the interpretation of the Convention and the

other instruments referred to in Article 1.

(2) The rules of Procedure of the Court of Justice shall, if necessary, be

adjusted and supplemented in accordance with Article 188 of the Treaty

establishing the European Economic Community.

ARTICLE 6

(Deleted)

ARTICLE 7

This Protocol shall be ratified by the signatory States. The instruments of

ratification shall be deposited with the Secretary General of the Council of

the European Communities.

ARTICLE 8

This Protocol shall enter into force on the first day of the third month

following the deposit of the instrument of ratification by the last signatory

State to take this step: provided that it shall at the earliest enter into force at

the same time as the Convention of 27 September 1968 on Jurisdiction and

the Enforcement of Judgments in Civil and Commercial Matters.

ARTICLE 9

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The Contracting States recognise that any State which becomes a member of

the European Community, and to which Article 63 of the Convention on

Jurisdiction and the Enforcement of Judgments in Civil and Commercial

Matters applies, must accept the provisions of this Protocol, subject to such

adjustments as may be required.

ARTICLE 10

The Secretary-General of the Council of the European Communities shall

notify the signatory States of –

(a) the deposit of each instrument of ratification;

(b) the date of entry into force of this Protocol;

(d) (deleted).

ARTICLE 11

The Contracting States shall communicate to the Secretary-General of the

Council of the European Communities the texts of any provisions of their

laws which necessitate an amendment to the list of courts in Article 2(1).

ARTICLE 12

This Protocol is concluded for an unlimited period.

ARTICLE 13

Any Contracting State may request the revision of this Protocol. In this

event, a revision conference shall be convened by the President of the

Council of the European Communities.

ARTICLE 14

This Protocol, drawn up in a single original in the Dutch, French, German

and Italian languages, all four texts being equally authentic, shall be

deposited in the archives of the Secretariat of the Council of the European

Communities. The Secretary-General shall transmit a certified copy to the

Government of each signatory State.

SCHEDULE 3.

Section 4(2)

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TEXT OF TITLES V AND VI OF ACCESSION CONVENTION

TITLE V

TRANSITIONAL PROVISIONS

ARTICLE 34

(1) The 1968 Convention and the 1971 Protocol, with the amendments

made by this Convention, shall apply only to legal proceedings

instituted and to authentic instruments formally drawn up or registered

after the entry into force of this Convention in the State of origin and,

where recognition or enforcement of a judgment or authentic

instrument is sought, in the State addressed.

(2) However, as between the six Contracting States to the 1968

Convention, judgments given after the date of entry into force of this

Convention in proceedings instituted before that date shall be

recognised and enforced in accordance with the provisions of Title III

of the 1968 Convention as amended.

(3) Moreover, as between the six Contracting States to the 1968

Convention and the three States mentioned in Article 1 of this

Convention and as between those three States, judgments given after

the date of entry into force of this Convention between the State of

origin and the State addressed in proceedings instituted before that

date shall also be recognised and enforced in accordance with the

provisions of Title III of the 1968 Convention as amended if

jurisdiction was founded upon rules which accorded with the

provisions of Title II, as amended, or with provisions of a convention

concluded between the State of origin and the State addressed which

was in force when the proceedings were instituted.

ARTICLE 35

(Deleted)

ARTICLE 36

(Deleted)

TITLE VI

FINAL PROVISIONS

ARTICLE 37

The Secretary-General of the Council of the European Community shall

transmit a certified copy of the 1968 Convention and of the 1971 Protocol in

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the Dutch, French, German and Italian languages to the Governments of the

Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and

Northern Ireland.

The texts of the 1968 Convention and the 1971 Protocol, drawn up in the

Danish, English and Irish languages, shall be annexed to this Convention.

The texts drawn up in the Danish, English and Irish languages shall be

authentic under the same conditions as the original texts of, the 1968

Convention and the 1971 Protocol.

ARTICLE 38

This Convention shall be ratified by the signatory States. The instruments

of ratification shall be deposited with the Secretary-General of the Council of

the European Communities.

ARTICLE 39

This Convention shall enter into force, as between the States which shall

have ratified it, on the first day of the third month following the deposit of

the last instrument of ratification by the original Member States of the

Community and one new Member State.

It shall enter into force for each new Member State which subsequently

ratifies it on the first day of the third month following the deposit of its

instrument of ratification.

ARTICLE 40

The Secretary-General of the Council of the European Communities shall

notify the signatory States of:

(a) the deposit of each instrument of ratification,

(b) the dates of entry into force of this Convention for the

Contracting States.

ARTICLE 41

This Convention, drawn up in a single original in the Danish, Dutch, English,

French. German, Irish and Italian languages, all seven texts being equally

authentic, shall be deposited in the archives of the Secretariat of the Council

of the European Communities. The Secretary-General shall transmit a

certified copy to the Government of each signatory State.

_______________

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SCHEDULE 4.

Section 4(2)

TEXT OF TITLES V AND VI OF 1982 ACCESSION CONVENTION

TITLE V

TRANSITIONAL PROVISIONS

ARTICLE 12

(1) The 1968 Convention and the 1971 Protocol, as amended by the 1978

Convention and this Convention, shall apply only to legal proceedings

instituted and to authentic instruments formally drawn up or registered

after the entry into force of this Convention in the State of origin and,

where recognition or enforcement of a judgment or authentic

instrument is sought, in the State addressed.

(2) However, judgments given after the date of entry into force of this

Convention between the State of origin and the State addressed in

proceedings instituted before that date shall be recognized and

enforced in accordance with the provisions of Title III of they 1968

Convention, as amended by the 1978 Convention and this Convention,

if jurisdiction was founded upon rules which accorded with the

provisions of Title II of the 1968 Convention, as amended, or with the

provisions of a convention which was in force between the State of

origin and the State addressed when the proceedings were instituted.

TITLE VI.

FINAL PROVISIONS

ARTICLE 13.

The Secretary-General of the Council of the European Communities shall

transmit a certified copy Of the 1968 Convention, of the 1971 Protocol and

of the 1978 Convention in the Danish, Dutch, English, French, German, Irish

and Italian languages to the Government of the Hellenic Republic.

The Texts of the 1968 Convention, of the 1971 Protocol and of the 1978

Convention. drawn up in the Greek language, shall be annexed to this

Convention. The texts drawn up in the Greek language shall be authentic

under the same conditions as the other texts of the 1968 Convention, the

1971 Protocol and the 1978 Convention.

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ARTICLE 14

This Convention shall be ratified by the signatory States. The instruments of

ratification shall be deposited with the Secretary-General of the Council of

the European Communities.

ARTICLE 15

This Convention shall enter into force, as between the States which have

ratified it, on the first day of the third month following the deposit of the last

instrument of ratification by the Hellenic Republic and those States which

have put into force the 1978 Convention in accordance with Article 39 of

that Convention.

It shall enter into force for each Member State which subsequently ratifies it

on the first day of the third month following the deposit of its instrument of

ratification.

ARTICLE 16

The Secretary-General of the Council of the European Communities shall

notify the signatory States of:

(a) the deposit of each instrument of ratification;

(b) the dates of entry into force of this Convention for the

Contracting States.

ARTICLE 17

This Convention, drawn up in a single original in the Danish, Dutch, English,

French, German, Greek, Irish and Italian languages, all eight texts being

equally authentic, shall be deposited in the archives of the General Secretariat

of the Council of the European Communities. The Secretary-General shall

transmit a certified copy to the Government of each signatory State.

______________________

SCHEDULE 5.

Section 4(2)

TEXT OF TITLES VI AND VII OF 1989 ACCESSION

CONVENTION.

TITLE VI

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TRANSITIONAL PROVISIONS

ARTICLE 29

(1) The 1968 Convention and the 1971 Protocol, as amended by the

1978 Convention, the 1982 Convention and this Convention, shall apply only

to legal proceedings instituted and to authentic instruments formally drawn

up or registered after the entry into force of this Convention in the State of

origin and, where recognition or enforcement of a judgment or authentic

instrument is sought, in the State addressed.

(2) However, judgments given after the date of entry into force of this

Convention between the State of origin and the State addressed in

proceedings instituted before that date shall be recognized and enforced in

accordance with the provisions of Title III of the 1968 Convention, as

amended by the 1978 Convention, the 1982 Convention and this Convention,

if jurisdiction was founded upon rules which accorded with the provisions of

Title II of the 1968 Convention, as amended, or with the provisions of a

convention which was in force between the State of origin and the State

addressed when the proceedings were instituted.

TITLE VII

FINAL PROVISIONS

ARTICLE 30

(1) The Secretary-General of the Council of the European Communities

shall transmit a certified copy of the 1968 Convention, of the 1971 Protocol,

of the 1978 Convention and of 1982 Convention in the Danish, Dutch,

English, French, German, Irish and Italian languages to the Governments of

the Kingdom of Spain and of the Portuguese Republic.

(2) The texts of the 1968 Convention, of the 1971 Protocol, of the 1978

Convention and of the 1982 Convention, drawn up in the Portuguese and

Spanish languages, are set out in Annexes II, III, IV and V to this

Convention. The texts drawn up in the Portuguese and Spanish languages

shall be authentic under the same conditions as the other texts of the 1968

Convention, the 1971 Protocol, the 1978 Convention and the 1982

Convention.

ARTICLE 31

This Convention shall be ratified by the signatory States. The instruments of

ratification shall be deposited with the Secretary-General of the Council of

the European Communities.

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ARTICLE 32

(1) This Convention shall enter into force on the first day of the third

month following the date on which two signatory States, of which one is the

Kingdom of Spain or the Portuguese republic, deposit their instruments of

ratification.

(2) This Convention shall take effect in relation to any other signatory

State on the first day of the third month following the deposit of its

instrument of ratification.

ARTICLE 33

The Secretary-General of the Council of the European Communities shall

notify the signatory States of:

(a) the deposit of each instrument of ratification;

(b) the dates of entry into force of this Convention for the

Contracting States.

ARTICLE 34

This Convention, drawn up in a single original in the Danish; Dutch, English,

French, German, Greek, Irish, Italian, Portuguese and Spanish languages, all

10 texts being equally authentic, shall be deposited in the archives of the

General Secretariat of the Council of the European Communities. The

Secretary-General shall transmit a certified copy to the Government of each

signatory State.

________________

SCHEDULE 6.

Section 4(4)

CONVENTION

on jurisdiction and the enforcement of judgements in civil and commercial

matters

Done at Lugano on 16 September 1988

(88/592/EEC)

PREAMBLE

THE HIGH CONTRACTING PARTIES TO THIS CONVENTION,

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ANXIOUS to strengthen in their territories the legal protection of persons

therein established,

CONSIDERING that it is necessary for this purpose to determine the

international jurisdiction of their courts, to facilitate recognition and to

introduce an expeditious procedure for securing the enforcement of

judgments, authentic instruments and court settlements,

AWARE of the links between them, which have been sanctioned in the

economic field by the free trade agreements concluded between the

European Economic Community and the States members of the European

Free Trade Association,

TAKING INTO ACCOUNT the Brussels Convention of 27 September 1968

on jurisdiction and the enforcement of judgments in civil and commercial

matters, as amended by the Accession Conventions under the successive

enlargements of the European Communities,

PERSUADED that the extension of the principles of that Convention to the

States parties to this instrument will strengthen legal and economic co-

operation in Europe,

DESIRING to ensure as uniform an interpretation as possible of this

instrument,

HAVE in this spirit DECIDED to conclude this Convention and

HAVE AGREED AS FOLLOWS:

TITLE I

SCOPE

ARTICLE 1.

This Convention shall apply in civil and commercial matters whatever the

nature of the court or tribunal. It shall not extend, in particular, to revenue,

customs or administrative matters.

The Convention shall not apply to:

1. the status or legal capacity of natural persons, rights in property arising

out of a matrimonial relationship, wills and succession;

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2. bankruptcy, proceedings relating to the winding-up of insolvent companies

or other legal persons, judicial arrangements, composition and analogous

proceedings;

3. social security;

4. arbitration.

TITLE II

JURISDICTION

Section 1

General provisions

ARTICLE 2

Subject to the provisions of this Convention, persons domiciled in a

Contracting State shall, whatever their nationality, be sued in the courts of

that State.

Persons who are not nationals of the State in which they are domiciled shall

be governed by the rules of jurisdiction applicable to nationals of that State.

ARTICLE 3

Persons domiciled in a Contracting State may be sued in the courts of

another Contracting State only by virtue of the rules set out in Sections 2 to

6 of this Title.

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

- in Belgium: Article 15 of the civil code (Code civil - Burgerlijk Wetboek)

and Article 638 of the judicial code (Code judiciarie -Gerehtelijk Wetboek),

- in Denmark: Article 246(2) and (3) of the law on civil procedure (Lov om

rettens pleje),

- in the Federal Republic of Germany: Article 23 of the code of civil

procedure (ZivilprozeBordnung),

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

(K

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

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- in Ireland: the rules which enable jurisdiction to be founded on the

document instituting the proceedings having been served on the defendant

during his temporary presence in Ireland,

- in Iceland: Article 77 of the Civil Proceedings Act (lög um

mefereinlamála í hérai),

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

(Codice di procedura civile),

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

in the Netherlands: Articles 126(3) andy 127 of the code of civil procedure

(Wetboek van Burgerlijke Rechtsvordering),

in Norway: Section 32 of the Civil Proceedings Act (tvistemalsloven),

- in Austria: Article 99 of the Law of Court Jurisdiction (Jurisdiktionsnorm),

- in Portugal: Articles 65(1)(c), 65(2) and 65A(c) of the code of civil

procedure (Codigo de Processo Civil) and Article 11 of the code of labour

procedure (Código de Processo de Trabalho),

- in Switzerland: le for du lieu du séquestre/Gerichtsstand des

Arrestortes/foro del luogo del sequestro within the meaning of Article 4 of

the loi fédérale sur le droit international privé/Bundesgesetz uber das

internationale Privatrecht/legge federalesul diritto internazionale privato,

- in Finland: the second, third and fourth sentences of Section 1 of Chapter

10 of the Code of Judicial Procedure

(oikeudenkäymiskaari/rättegangsbalken),

- in Sweden: the first sentence of Section 3 of Chapter 10 of the Code of

Judicial Procedure (Rättegangsbalken),

- 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

Kingdom.

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ARTICLE 4

If the defendant is not domiciled in a Contracting State, the jurisdiction of

the courts of each Contracting State shall, subject to the provisions of Article

16, be determined by the law of that State.

As against such a defendant, any person domiciled in a Contracting State

may, whatever his nationality, avail himself in that State of the rules of

jurisdiction there in force, and in particular those specified in the second

paragraph of Article 3, in the same way as the nationals of that State.

Section 2

Special jurisdiction

ARTICLE 5

A person domiciled in a Contracting State may, in another Contracting State,

be sued:

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

of the obligation in question; in matters relating to individual contracts of

employment, this place is that where the employee habitually carries out his

work, or if the employee does not habitually carry out his work in any one

country, this place shall be the place of business through which he was

engaged;

2. in matters relating to maintenance, in the courts for the place where the

maintenance creditor is domiciled or habitually resident or, if the matter is

ancillary to proceedings concerning the status of a person, in the court

which, according to its own law, has jurisdiction to entertain 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;

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;

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6. in his capacity as settlor, trustee or beneficiary of a trust created by

the operation of a statute, or by a written instrument, or created orally and

evidenced in writing, in the courts of the Contracting State in which the trust

is domiciled;

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 Contracting State may also be sued:

1. where he is one of a number of defendants, in the courts for the place

where any one of them is domiciled;

2. as a third party in an action on a warranty or guarantee or in any

other third party proceedings, in the court seised of the original proceedings,

unless these were instituted solely with the object of removing him from the

jurisdiction of the court which would be competent in his case;

3. on a 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;

4. in matters relating to a contract, if the action may be combined with

an action against the same defendant in matters relating to rights in rem in

immovable property in the court of the Contracting State in which the

property is situated.

ARTICLE 6A

Where by virtue of this Convention a court of a Contracting State has

jurisdiction in actions relating to liability arising from the use or operation of

a ship, that court, or any other court substituted for this purpose by the

internal law of that State, shall also have jurisdiction over claims for

limitation of such liability.

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Section 3

Jurisdiction in matters relating to insurance

ARTICLE 7

In matters relating to insurance, jurisdiction shall be determined by this

Section, without prejudice to the provisions of Articles 4 and 5(5).

ARTICLE 8

An insurer domiciled in a Contracting State may be sued:

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

2. in another Contracting State, in the courts for the place where the

policyholder is domiciled; or

3. if he is a co-insurer, in the courts of a Contracting State in which

proceedings are brought against the leading insurer.

An insurer who is not domiciled in a Contracting State but has a branch,

agency or other in one of the Contracting States shall, in disputes arising out

of the operators of the branch, agency or establishment, be deemed to be

domiciled in that State.

ARTICLE 9

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

insurer may in addition be sued in the courts for the place where the harmful

event occurred. The same applies of movable and immovable property are

covered by the same insurance policy and both are adversely affected by the

same contingency.

ARTICLE 10

In respect of liability insurance, the insurance may also, if the law of the

court permits it, be joined in proceedings which the injured party has brought

against the insured.

The provisions of Articles 7, 8 and 9 shall apply to actions brought by the

injured party directly against the insurer, where such direct actions are

permitted.

If the law governing such direct actions provides that the policy holder or the

insured may be joined as a party to the action, the same court shall have

jurisdiction over them.

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ARTICLE 11

Without prejudice to the provisions of the third paragraph of Article 10, an

insurer may bring proceedings only in the courts of the Contracting State in

which the defendant is domiciled, irrespective of whether he is the policy-

holder, the insured or a beneficiary.

The provisions of this Section shall not affect the right to bring a

counterclaim in the court in which, in accordance with this Section the

original claim is pending.

ARTICLE 12

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

on jurisdiction:

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

2. which allows the policy-holder, the insured or a beneficiary to bring

proceedings in courts other than those indicated in this Section, or

3. which is concluded between a policy-holder and an insurer, both of whom

are at the time of conclusion of the contract domiciled or habitually resident

in the same Contracting State, and which has the effect of conferring

jurisdiction on the courts of that State even if the harmful event were to

occur abroad, provided that such an agreement is not contrary to the law of

that State; or

4. which is concluded with a policy-holder who is not domiciled in a

Contracting State, except in so far as the insurance is compulsory or relates

to immovable property in a Contracting State; or

5. which relates to a contract of insurance in so far as it covers one or more

of the risks set out in Article 12A.

ARTICLE 12A

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

1. any loss of or damage to:

(a) sea-going ships, installations situated off-shore or on the high

seas, or aircraft, arising from perils which relate to their use for

commercial purposes,

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(b) goods in transit other than passenger’s baggage where the

transit consists of or includes carriage by such ships or aircraft;

2. any liability, other than for bodily injury to passengers or loss of or

damage to their baggage;

(a) arising out of the use or operation of ship, installations or

aircraft as referred to in (1)(a) above in so far as the law of the

Contracting State in which such aircraft are registered does not

prohibit agreements on jurisdiction regarding insurance of such

risks;

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

(1)(b) above;

3. any financial loss connected with the use or operation of ships,

installations or aircraft as referred to in (1)(a) above, in particular loss of

freight or charter-hire;

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

(3) above.

Section 4

Jurisdiction over consumer contracts

ARTICLE 13

In proceedings concerning a contract concluded by a person for a purpose

which can be regarded as being outside his trade or profession, hereinafter

called “the consumer”, jurisdiction shall be determined by this Section,

without prejudice to the provisions of Articles 4 and 5(5), if it is:

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

2. a contract for a loan repayable by instalments, or for any other form

of credit, made to finance the sale of goods; or

3. any other contract for the supply of goods or a contract for the

supply of services, and

(a) in the State of the consumer's domicile the conclusion of the

contract was preceded by a specific invitation addressed to him

or by advertising, and

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(b) the consumer took in that State the steps necessary for the

conclusion of the contract.

Where a consumer enters into a contract with a party who is not domiciled in

a Contracting State but has a branch, agency or other establishment in one of

the Contracting States, that party shall, in disputes arising out of the

operations of the branch, agency or establishment, be deemed to be

domiciled in that State.

This Section shall not apply to contracts of transport.

ARTICLE 14

A consumer may bring proceedings against the other party to a contract

either in the courts of the Contracting State in which that party is domiciled

or in the courts of the Contracting State in which he is himself domiciled.

Proceedings may be brought against a consumer by the other party to the

contract only in the courts of the Contracting State in which the consumer is

domiciled.

These provisions shall not affect the right to bring a counterclaim in the court

in which, in accordance with the Section, the original claim is pending.

ARTICLE 15

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

agreement:

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

2. which allows the consumer to bring proceedings in courts other than those

indicated in this Section; or

3. which is entered into by the consumer and the other party to the contract,

both of whom are at the time of conclusion of the contract domiciled or

habitually resident in the same Contracting State, and which confers

jurisdiction on the courts of that State, provided that such an agreement is

not contrary to the law of that State.

Section 5

Exclusive jurisdiction

ARTICLE 16

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

1. (a) in proceedings which have as their object rights in rem in

immovable property or tenancies of immovable property, the

courts of the Contracting State in which the property is

situated;

(b) however, in proceedings which have as their object tenancies of

immovable property concluded for temporary private use for a

maximum period of six consecutive months, the courts of the

Contracting State in which the defendant is domiciled shall also

have jurisdiction, provided that the tenant is a natural person

and neither party is domiciled in the Contracting State in which

the property is situated;

2. in proceedings which have as their object the validity of the

constitution, the nullity or the dissolution of companies or other legal

persons or associations of natural or legal persons, or the decisions of their

organs, the courts of the Contracting State in which the company, legal

person or association has its seat;

3. in proceedings which have as their object the validity of entries in

public registers, the courts of the Contracting State in which the register is

kept;

4. in proceedings concerned with the registration or validity of patents,

trade marks, designs, or other similar rights required to be deposited or

registered, the courts of the Contracting State in which the deposit or

registration has been applied for, has taken place or is under the terms of an

international convention deemed to have taken place;

5. in proceedings concerned with the enforcement of judgments, the

courts of the Contracting State in which the judgment has been or is to be

enforced.

Section 6

Prorogation of jurisdiction

ARTICLE 17

1. If the parties one or more of whom is domiciled in a Contracting

State, have agreed that a court or the courts of a Contracting State are to

have jurisdiction to settle any disputes which have arisen or which may arise

in connection with a particular legal relationship that court or those courts

shall have exclusive jurisdiction. Such an agreement conferring jurisdiction

shall be either:

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(a) in writing or evidenced in writing, or

(b) in a form which accords with practices which the parties have

established between themselves, or

with a usage of which the parties are or ought to have been

aware and which in such trade or commerce is widely known

to, and regularly observed by, parties to contracts of the type

involved in the particular trade or commerce concerned.

Where such an agreement is concluded by parties, none of whom is

domiciled in a Contracting State, the courts of other Contracting States shall

have no jurisdiction over their disputes unless the court or courts chosen

have declined jurisdiction.

2. The court or courts of a Contracting State on which a trust

instrument has conferred jurisdiction shall have exclusive jurisdiction in any

proceedings brought against a settlor, trustee or beneficiary, if relations

between these persons or their rights or obligations under the trust are

involved.

3. Agreements or provisions of a trust instrument conferring jurisdiction

shall have no legal force if they are contrary to the provisions of Articles 12

or 15, or if the courts whose jurisdiction they purport to exclude have

exclusive jurisdiction by virtue of Article 16.

4. If an agreement conferring jurisdiction was concluded for the benefit

of only one of the parties, that party shall retain the right to bring

proceedings in any other court which has jurisdiction by virtue of this

Convention.

5. In matters relating to individual contracts of employment an

agreement conferring jurisdiction shall have legal force only if it entered into

after the dispute has arisen.

ARTICLE 18

Apart from jurisdiction derived from other provisions of this Convention, a

court of a Contracting State before whom a defendant enters an appearance

shall have jurisdiction. This rule shall not apply where appearance was

entered solely to contest the jurisdiction or where another court has

exclusive jurisdiction by virtue of Article 16.

Section 7

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Examination as to jurisdiction and admissibility

ARTICLE 19

Where a court of a Contracting State is seised of a claim which is Principally

concerned with a matter over which the courts of another Contracting State

have exclusive jurisdiction by virtue of Article 16, it shall declare of its own

motion that it has no jurisdiction.

ARTICLE 20

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

another Contracting State and does not enter an appearance, the court shall

declare of its own motion that it has no jurisdiction unless its jurisdiction is

derived from the provisions of this Convention.

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

defendant has been able to receive the document instituting the proceedings

or an equivalent document in sufficient time to enable him to arrange for his

defence, or that all necessary steps have been taken to this end.

The provisions of the foregoing paragraph shall be replaced by those of

Article 15 of the Hague Convention of 15 November 1965 on the service

abroad of judicial and extrajudicial documents in civil or commercial matters,

if the document instituting the proceedings or notice thereof had to be

transmitted abroad in accordance with that Convention.

Section 8

Lis Pendens - related actions

ARTICLE 21

Where proceedings involving the same cause of action and between the same

parties are brought in the courts of different Contracting States, any court

other than the court first seised shall of its own motion stay its proceedings

until such time as the jurisdiction of the court first seised is established.

Where the jurisdiction of the court first seised is established, any court other

than the court first seised shall decline jurisdiction in favour of that court.

ARTICLE 22

Where related actions are brought in the courts of different Contracting

States, any court other than the court first seised may, while the actions are

pending at first instance, stay its proceedings.

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A court other than the court first seised may also, on application of one of

the parties, decline jurisdiction if the law of that court permits the

consolidation of related actions and the court first seised has jurisdiction over

both actions.

For the purposes of this Article, actions are deemed to be related where they

are so closely connected that it is expedient to hear and determine them

together to avoid the risk of irreconcilable judgments resulting from separate

proceedings.

ARTICLE 23

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.

Section 9

Provisional, including protective, measures

ARTICLE 24

Application may be made to the courts of a Contracting State for such

provisional, including protective, measures as may be available under the law

of that State, even if, under this Convention, the courts of another

Contracting State have jurisdiction as to the substance of the matter.

TITLE III

RECOGNITION AND ENFORCEMENT

ARTICLE 25

For the purposes of this Convention, “judgement” means any judgment given

by a court or tribunal of a Contracting State, whatever the judgment may be

called, including a decree, order, decision or writ of execution, as well as the

determination of costs or expenses by an officer of the court.

Section 1

Recognition

ARTICLE 26

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A judgment given in a Contracting State shall be recognised in the other

Contracting States without any special procedure being required.

Any interested party who raises the recognition of a judgement 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.

If the outcome of proceedings in a court of a Contracting State depends on

the determination of an incidental question of recognition that court shall

have jurisdiction over that question.

ARTICLE 27

A judgment shall not be recognised:

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

recognition is sought;

2. where it was given in default of appearance, if the defendant was not duly

served with the document which instituted the proceedings or with

equivalent document in sufficient time to enable him to arrange for his

defence;

3. if the judgment is irreconcilable with a judgment given in a dispute

between the same parties in the State in which recognition is sought;

4. if the court of the State of origin, in order to arrive at its judgment, has decided a preliminary question concerning the status or legal capacity of

natural persons, rights in property arising out of a matrimonial relationship,

wills or succession in a way that conflicts with a rule on the private

international law of the State in which the recognition sought, unless the

same result would have been reached by the application of the rules of

private international law of that State;

5. if the judgment is irreconcilable with an earlier judgment given in non-

contracting State involving the same cause of action and between the same

parties, provided that this latter judgment fulfils the condition necessary for

its recognition in the State addressed.

ARTICLE 28

Moreover, a judgment shall not be recognised if it conflicts with the

provisions of Sections 3, 4 or 5 of Title II or in a case provided for Article

59.

A judgment may furthermore-be refused recognition in any case provided for

Article 54B(3) or 57(4).

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In its examination of the grounds of jurisdiction referred to in the foregoing

paragraphs, the court or authority applied to shall be bound by the findings

of fact on which the court of the State of origin based its jurisdiction.

Subject to the provisions of the first and second paragraphs, the jurisdiction

of the court of the State of origin may not be reviewed; the test of public

policy referred to in Article 27(1) may not be applied to the rules relating to

jurisdiction.

ARTICLE 29

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

substance.

ARTICLE 30

A court of a Contracting State in which recognition is sought of a judgment

given in another Contracting State may stay the proceedings if an ordinary

appeal against the judgment has been lodged.

A court of a Contracting State in which recognition is sought of a judgment

given in Ireland or the United Kingdom may stay the proceedings if

enforcement is suspended in the State of origin by reason of an appeal.

Section 2.

Enforcement

ARTICLE 31

A judgment given in a Contracting State and enforceable in that State shall

be enforced in another Contracting State when, on the application of any

interested party, it has been declared enforceable there.

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

England and Wales, in Scotland, or in Northern Ireland when, on the

application of any interested party, it has been registered for enforcement in

that part of the United Kingdom.

ARTICLE 32

1. The application shall be submitted:

- in Belgium, to the tribunal de premiere instance or rechtbank van eerste

aanleg,

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- in Denmark, to the byret,

- in The Republic of Germany, to the presiding judge of a chamber of the

Landgericht,

- in Spain, to the Juzgado de Primera Instancia,

- in France, to the presiding judge of the tribunal de grande instance,

- in Greece, to the í,

- in Ireland, to the High Court,

- in Iceland, to the hérasdómari,

- in Italy, to the corte d’appello,

- in Luxembourg, to the presiding judge of the tribunal darrondissement,

- in the Netherlands, to the presiding judge of the arrondissementsrechtbank,

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

- in Austria, to the Landesgericht or the Kreisgericht,

- in Portugal, to the Tribunal Judicial de Circulo,

- in Switzerland:

(a) in respect of judgments ordering the payment of a sum of

money, to the juge de Ia

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

federale 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, to the juge cantonal dexequatur

compétent/zuständiger kantonaler Vollstreckungsrichter/giudice

cantonale competente a pronunciare l’exequatur,

- in Finland, to the ulosotonhaltija/överexekutor,

– in Sweden, to the Svea hovrätt,

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- in the United Kingdom:

(a) in England and Wales, to the High Court of Justice, or in the

case of a maintenance judgment to the Magistrate’s Court on

transmission by the Secretary of State;

(b) in Scotland, to the Court of Session, or in the case of a

maintenance judgment to the Sheriff Court on transmission by

the Secretary of State;

of a maintenance judgment to the Magistrates' Court on

transmission by the Secretary of State.

2. The jurisdiction of local courts shall be determined by reference to the

place of domicile of the party against whom enforcement is sought. If he is

not domiciled in the State in which enforcement is sought, it shall be

determined by reference to the place of enforcement.

ARTICLE 33

The procedure for making the application shall be governed by the law of the

State in which enforcement is sought. The applicant must give an address for

service of process within the area of jurisdiction of the court applied to.

However, if the law of the State in which enforcement is sought does not

provide for the furnishing of such an address, the applicant shall appoint a

representative ad litem.

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

application.

ARTICLE 34

The court applied to shall give its decision without delay; the party against

whom enforcement is sought shall not at this stage of the proceedings be

entitled to make any submissions on the applicat.

The application may be refused only for one of the reasons specified in

Articles 27 and 28.

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

substance.

ARTICLE 35

The appropriate officer of the court shall without delay bring the decision

given on the application to the notice of the applicant in accordance with the

procedure laid down by the law of the State in which enforcement is sought.

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ARTICLE 36

If enforcement is authorised, the party against whom enforcement is sought

may appeal against the decision within one month of service thereof.

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

decision authorising enforcement was given, the time for appealing shall be

two months and shall run from the date of service, either on him in person or

at his residence. No extension of time may be granted on account of

distance.

ARTICLE 37

1. An appeal against the decision authorising enforcement shall be lodged in

accordance with the rules governing procedure in contentious matters:

- in Belgium, with the tribunal de première instance or rechtbank van eerste

aanleg,

- in Denmark, with the landsret,

- in the federal Republic of Germany, with the Oberlandesgerichy,

- in Greece, with the ,

- in Spain, with the Audiencia Provincial,

- in France, with the cour d’appel,

- in Ireland, with the High Court,

- in Iceland, with the hérasdómari,

- in Italy, with the corte d’appello,

- in Luxembourg, with the Cour supérieure de justice sitting as a court of

civil appeal,

- in the Netherlands, with the arrondissementsrechtbank in Norway, with the

lagmannsrett,

- in Austria, with the Landesgericht or the Kreisgericht,

- in Portugal, with the Tribunal da Relaçao,

- in Switzerland, with the tribunal cantonacKantonsgericht/tribunale

cantonale,

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- in Finland, with the hoviokeus/hovrätt,

- in Sweden, with the Svea hovrätt,

- in the United Kingdom:

(a) in England and Wales, with the High Court of Justice, or in the

case of a maintenance judgment with the Magistrate’s Court,

(b) in Scotland, with the Court of Session, or in the case of a

maintenance judgment with the Sheriff Court,

case of a maintenance judgment with the Magistrates’ Court.

2. The judgment given on the appeal may be contested only:

- in Belgium, Greece, Spain, France, Italy, Luxembourg and in the

Netherlands, by an appeal in cassation,

– in Denmark, by an appeal to the højesteret, with the leave of the Minister

of Justice,

- in the Federal Republic of Germany, by a Rechtsbeschwerde,

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

- in Iceland, by an appeal to the Haestiréttur,

- in Norway, by an appeal (kjaeremal or anke) to the Hoyesteretts

Kjaeremalsutvalg or Hoyesterett,

- in Austria, in the case of an appeal, by a Revisionsrekurs and, in the case of

opposition proceedings, by a Berufung with the Possibility of a Revision,

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

- In Switzerland, by a recours de droit public devant le tribunal

fédéral/staats-rechtliche Beschwerde beim Bundesgericht/ricorso de diritto

pubblico davanti al tribunale federale,

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

- in Sweden, be an appeal to the högsta domstolen,

- in the United Kingdom, by a single further appeal on a point of law.

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ARTICLE 38

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

application of the appellant, stay the proceedings if an ordinary appeal has

been lodged against the judgment in the State of origin or if the time for such

an appeal has not yet expired; in the latter case, the court may specify the

time within which such an appeal is to be lodged.

Where the judgment was given in Ireland or the United Kingdom, any form

of appeal available in the State of origin shall be treated as an ordinary appeal

for the purposes of the first paragraph.

The court may also make enforcement conditional on the provision of such

security as it shall determine.

ARTICLE 39

During the time specified for an appeal pursuant to Article 36 and until any

such appeal has been determined, no measures of enforcement may be taken

other than protective measures taken against the property of the party

against whom enforcement is sought.

The decision authorising enforcement shall carry with it the power to

proceed to any such protective measures.

ARTICLE 40

1. If the application for enforcement is refused, the applicant may appeal:

- in Belgium, to the cour d’appel or hof van beroep,

- in Denmark, to the landsret,

- in the Federal Republic of Germany, to the Oberlandesgericht,

- in Greece, to the ,

- in Spain, to the Audiencia Provincial,

- in France, to the cour d’appel,

- in Ireland, to the High Court,

- in Iceland, to the héraosdómari,

- in Italy, to the corte d’appello,

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- in Luxembourg, to the Cour supérieure de justice sitting as a court of civil

appeal,

- in the Netherlands, to the gerechtshof,

- in Norway, to the lagmannsrett,

- in Austria, to the Landesgericht or the Kreisgericht,

- in Portugal, to the Tribunal da Relaçao,

- in Switzerland, to the tribunal cantonal/Kantonsgericht/tribunale,

- in Finland, to the hovioikeus/hovrätt,

- in Sweden, to the Svea hovrätt,

- in the United Kingdom:

(a) in England and Wales, to the High Court of Justice, or in the

case of a maintenance judgment to the Magistrate’s Court;

(b) in Scotland, to the Court of Session, or in the case of a

maintenance judgment to the Sheriff Court;

of a maintenance judgment to the Magistrate’s Court.

2. The party against whom enforcement is sought shall be summoned to

appear before the appellate court. If he fails to appear, the provisions of the

second and third paragraphs of Article 20 shall apply even where he is not

domiciled in any of the Contracting States.

ARTICLE 41

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

only:

- in Belgium, Greece, Spain, France, Italy, Luxembourg and in the

Netherlands, by an appeal in cassation,

- in Denmark, by an appeal to the højesteret with the leave of the Minister of

Justice,

- in the Federal Republic of Germany, by a Rechtsbeschwerde,

- in Ireland, by an appeal on a point of law to the Supreme Court.

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- in Iceland, by an appeal to the Haestiréttur,

- in Norway, by an appeal (kjaeremal or anke) to the Hoyesteretts

kjaeremalsutvalg or Hoyesterett,

- in Austria, by a Revisionsrekurs,

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

- in Switzerland, by a recours de droit public devant le tribunal fédéral/staats-

rechtliche Beschwerde beim Bundesgericht/ricorso di diritto pubblico

davanti al tribunale federale,

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

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

- in the United Kingdom, by a single further appeal on a point of law.

ARTICLE 42

Where a foreign judgment has been given in respect of several matters and

enforcement cannot be authorised for all of them, the court shall authorise

enforcement for one or more of them.

An applicant may request partial enforcement of a judgment.

ARTICLE 43

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

shall be enforceable in the State in which enforcement is sought only if the

amount of the payment has been finally determined by the courts of the State

of origin.

ARTICLE 44

An applicant who, in the State of origin, has benefitted from complete or

partial legal aid or exemption from costs or expenses, shall be entitled, in the

procedures provided for in Articles 32 to 35, to benefit from the most

favourable legal aids or the most extensive exemption from costs or expenses

provided for by the law of the State addressed.

However, an applicant who requests the enforcement of a decision given by

an administrative authority in Denmark or in Iceland in respect of a

maintenance order may, in the State addressed, claim the benefits referred to

in the first paragraph if he presents a statement from, respectively, the Danish

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Ministry of Justice or the Icelandic Ministry of Justice to the effect that he

fulfills the economic requirements to qualify for the grant of complete or

partial legal aid or exemption from costs or expenses.

ARTICLE 45

No security, bond or deposit, however described, shall be required of a party

who in one Contracting State applies for enforcement of a judgment given in

another Contracting State on the ground that he is a foreign national or that

he is not domiciled or resident in the State in which enforcement is sought.

Section 3

Common provisions

ARTICLE 46

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

produce:

1. a copy of the judgment which satisfies the conditions necessary to

establish its authenticity;

2. in the case of a judgment given in default, the original or a certified true

copy of the document which establishes that the party in default was served

with the document instituting the proceedings or with an equivalent

document.

ARTICLE 47

A party applying for enforcement shall also produce:

1. documents which establish that according to the law of the State of origin,

the judgment is enforceable and has been served;

2. where appropriate, a document showing that the applicant is in receipt of

legal aid in the State of origin.

ARTICLE 48

If the documents specified in Article 46(2) and Article 47(2) are not

produced, the court may specify a time for their production, accept

equivalent documents or, if it considers that it has sufficient information

before it, dispense with their production.

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If the court so requires, a translation of the documents shall be produced; the

translation shall be certified by a person qualified to do so in one of the

Contracting States.

ARTICLE 49

No legislation or other similar formality shall be required in respect of the

documents referred to in Articles 46 or 47 or the second paragraph of Article

48, or in respect of a document appointing a representative ad litem.

TITLE IV

AUTHENTIC INSTRUMENTS AND

COURT SETTLEMENTS

ARTICLE 50

A document which has been formally drawn up or registered as an authentic

instrument and is enforceable in one Contracting State shall, in another

Contracting State, be declared enforceable there, on application made in

accordance with the procedures provided for in Article 31 et seq. The

application may be refused only if enforcement of the instrument is contrary

to public policy in the State addressed.

The instrument produced must satisfy the conditions necessary to establish

its authenticity in the State of origin.

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

ARTICLE 51

A settlement which has been approved by a court in the course of

proceedings and is enforceable in the State in which it was concluded shall be

enforceable in the State addressed under the same conditions as authentic

instruments.

TITLE V

GENERAL PROVISIONS

ARTICLE 52

In order to determine whether a party is domiciled in the Contracting State

whose courts are seised of a matter, the Court shall apply its internal law.

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If a party is not domiciled in the State whose Courts are seised of the matter,

then, in order to determine whether the party is domiciled in another

Contracting State, the court shall apply the law of that State.

ARTICLE 53

For the purposes of this Convention, the seat of a company or other legal

person or association of natural or legal persons shall be treated as its

domicile. However, in order to determine that seat, the court shall apply its

rules of private international law.

In order to determine whether a trust is domiciled in the Contracting State

whose courts are seised of the matter, the court shall apply its rules of

private international law.

TITLE VI

TRANSITIONAL PROVISIONS

ARTICLE 54

The provisions of this Convention shall apply only to legal proceedings

instituted and to documents formally drawn up or registered as authentic

instruments after its entry into force in the State of origin and, where

recognition or enforcement of a judgment or authentic instrument is sought,

in the State addressed.

However, judgments given after the date of entry into force of this

Convention between the State of origin and the State addressed in

proceedings instituted before that date shall be recognised and enforced in

accordance with the provisions of Title III if jurisdiction was founded upon

rules which accorded with those provided for either in Title II of this

Convention or in a convention concluded between the State of origin and the

State addressed which was in force when the proceedings were instituted.

If the parties to a dispute concerning a contract had agreed in writing before

the entry into force of this Convention that the contract was to be governed

by the law of Ireland or of a part of the United Kingdom, the courts of

Ireland or of that part of the United Kingdom shall retain the right to

exercise jurisdiction in the dispute.

ARTICLE 54A

For a period of three years from the entry into force of this Convention for

Denmark, Greece, Ireland, Iceland, Norway, Finland and Sweden,

respectively, jurisdiction in maritime matters shall be determined in these

States not only in accordance with the provisions of Title II, but also in

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accordance with the provisions of paragraphs 1 to 7 following. However,

upon the entry into force of the International Convention relating to the

arrest of sea-going ships, signed at Brussels on 10 May 1952, for one of

these States these provisions shall cease to have effect for that State.

1. A person who is domiciled in a Contracting State may be sued in the

courts of one of the States mentioned above in respect of a maritime claim if

the ship to which the claim relates or any other ship owned by him has been

arrested by judicial process within the territory of the latter State to secure

the claim, or could have been so arrested there but bail or other security has

been given, and either:

(a) the claimant is domiciled in the latter State; or

(b) the claim arose in the latter State; or

made or could have been made; or

(d) the claim arises out of a collision or out of damage caused by a

ship to another ship or to goods or persons on board either

ship, either by the execution or non execution of a manoeuvre

or by the non observance of regulations; or

(e) the claim is for salvage; or

(f) the claim is in respect of a mortgage or hypothecation of the

ship arrested.

2. A claimant may arrest either the particular ship to which the maritime

claim relates, or any other ship which is owned by the person who was, at

the time when the maritime claim arose, the owner of the particular ship.

However, only the particular ship to which the maritime claim relates may be

arrested in respect of the maritime claims set out under 5(o), (p) or (q) of

this Article.

3. Ships shall be deemed to be in the same ownership when all the shares

therein are owned by the same person or persons.

4. When in the case of a charter by demise of a ship the charterer alone is

liable in respect of a maritime claim relating to that ship, the claimant may

arrest that ship or any other ship owned by the charterer, but no other ship

owned by the owners may be arrested in respect of such claim. The same

shall apply to any case in which a person other than the owner of a ship is

liable in respect of a maritime claim relating to that ship.

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5. The expression “maritime claim” means a claim arising out of one or more

of the following:

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

(b) loss of life or personal injury caused by any ship or occurring in

connection with the operation on any ship;

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

charterparty or otherwise;

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

by charterparty or otherwise;

(f) loss of or damage to goods including baggage carried in any

ship;

(g) general average;

(h) bottomry;

(i) towage;

(j) pilotage;

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

or maintenance;

(I) construction, repair or equipment of any ship or dock charges

and dues;

(m) wages of masters, officers or crew;

(n) master’s disbursements, including disbursements made by

shippers, charterers or agents on behalf of a ship or her owner;

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

(p) disputes between co-owners of any ship as to the ownership,

possession, employment or earnings of that ship;

(q) the mortgage or hypothecation of any ship.

6. In Denmark, the expression “arrest” shall be deemed as regards the

maritime claims referred to under 5(o) and (p) of this Article, to include a

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“forbud”, where that is the only procedure allowed in respect of such a claim

under Articles 646 to 653 of the law on civil procedure (lov om terrens

pleje).

7. In Iceland, the expression “arrest” shall be deemed, as regards the

maritime claims referred to under 5(o) and (p) of this Article, to include a

“lögbann”, where that is the only procedure allowed in respect of such a

claim under Chapter III of the law on arrest and injunction (lög urn

kyrrsetningu og lögbann).

TITLE VII

RELATIONSHIP TO THE BRUSSELS CONVENTION

AND TO OTHER CONVENTIONS

ARTICLE 54B

1. This Convention shall not prejudice the application by the Member States

of the European Communities of the Convention on Jurisdiction and the

Enforcement of Judgments in Civil and Commercial Matters, signed at

Brussels on 27 September 1968 and of the Protocol on interpretation of that

Convention by the Court of Justice, signed at Luxembourg on 3 June 1971,

as amended by the Conventions of Accession to the said Convention and the

said Protocol by the States acceding to the European Communities, all of

these Conventions and the Protocol being hereinafter referred to as the

“Brussels Convention”.

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 Contracting State which is not a member of

the European Communities, or where Articles 16 or 17 of this

Convention confer a jurisdiction on the courts of such a

Contracting State;

(b) in relation to a lis pendens or to related actions as provided for

in Articles 21 and 22, when proceedings are instituted in a

Contracting State which is not a member of the European

Communities and in a Contracting State which is a member of

the European Communities;

State of origin or the State addressed is not a member of the

European Communities.

3. In addition to the grounds provided for in Title III recognition or

enforcement may be refused if the ground of jurisdiction on which that

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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

Contracting State which is not a member of the European Communities,

unless the judgment may otherwise be recognised or enforced under any rule

of law in the State addressed.

ARTICLE 55

Subject to the provisions of the second paragraph of Article 54(2) and of

Article 56, this Convention shall, for the States which are parties to it,

supersede the following conventions concluded between two or more of

them:

- the Convention between the Swiss Confederation and France on

jurisdiction and enforcement of judgments in civil matters, signed at Paris

on 15 June 1869,

- the Treaty between the Swiss Confederation and Spain on the mutual

enforcement of judgments in civil or commercial matters, signed at Madrid

on 19 November 1896,

- the Convention between the Swiss Confederation and the German Reich on

the recognition and enforcement of judgments and arbitration awards,

signed at Berne on 2 November 1929,

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

on the recognition and enforcement of judgments, signed at Copenhagen on

16 March 1932,

- the Convention between the Swiss Confederation and Italy on the

recognition and enforcement of judgments, signed at Rome on 3 January

1933,

- the Convention between Sweden and the Swiss Confederation on the

recognition and enforcement of judgments and arbitral awards signed at

Stockholm on 15 January 1936,

- the Convention between the Kingdom of Belgium and Austria on the

reciprocal recognition and enforcement of judgments and authentic

instruments relating to maintenance obligations, signed at Vienna on 25

October 1957,

- 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,

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- the Convention between the Federal republic of Germany and Austria on

the reciprocal recognition and enforcement of judgments, settlements and

authentic instruments in civil and commercial matters, signed at Vienna on

6 June 1959,

- the Convention between the Kingdom of Belgium and Austria on the

reciprocal recognition and enforcement of judgments, arbitral awards and

authentic instruments in civil and commercial matters, signed at Vienna on

16 June 1959,

- the Convention between Austria and the Swiss Confederation on the

recognition and enforcement of judgments, signed at Berne on 16

December 1960,

- the Convention between Norway and the United Kingdom providing for

the reciprocal recognition and enforcement of judgments in civil matters,

signed at London on 12 June 1961,

- the Convention between the United Kingdom and Austria providing for the

reciprocal recognition and enforcement of judgments in civil and

commercial matters, signed at Vienna on 14 July 1961, with amending

Protocol signed at London on 6 March 1970,

- the Convention between the Kingdom of the Netherlands and Austria on

the reciprocal recognition and enforcement of judgments and authentic

instruments in civil and commercial matters, signed at The Hague on 6

February 1963,

- the Convention between France and Austria on the recognition and

enforcement of judgments and authentic instruments in civil and commercial

matters, signed at Vienna on 15 July 1966,

- the Convention between Luxembourg and Austria on the recognition and

enforcement of judgments and authentic instruments in civil and

commercial matters, signed at Luxembourg on 29 July 1971,

- the Convention between Italy and Austria on the recognition and

enforcement of judgments in civil and commercial matters, of judicial

settlements and of authentic instruments, signed at Rome on 16 November

1971,

- 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,

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

on the recognition and enforcement of judgments in civil matters, signed at

Copenhagen on 11 October 1977,

- the Convention between Austria and Sweden on the recognition and

enforcement of judgments in civil matters, signed at Stockholm on 16

September 1982,

- the Convention between Austria and Spain on the recognition and

enforcement of judgments, settlements and enforceable authentic

instruments in civil and commercial matters, signed at Vienna on 17

February 1984,

- the Convention between Norway and Austria on the recognition and

enforcement of judgments in civil matters, signed at Vienna on 21 May

1984, and

- the Convention between Finland and Austria on the recognition and

enforcement of judgments in civil matters, signed at Vienna on 17

November 1986.

ARTICLE 56

The Treaty and the conventions referred to in Article 55 shall continue to

have effect in relation to matters to which this Convention does not apply.

They shall continue to have effect in respect of judgments given and

documents formally drawn up or registered as authentic instruments before

the entry into force of this Convention.

ARTICLE 57

1. This Convention shall not affect any conventions to which the Contracting

States are or will be parties and which in relation to particular matters,

govern jurisdiction or the recognition or enforcement of judgments.

2. This Convention shall not prevent a court of a Contracting State which is

party to a convention referred to in the first paragraph from assuming

jurisdiction in accordance with that convention, even where the defendant is

domiciled in a Contracting State which is not a party to that convention .The

court hearing the action shall, in any event, apply Article 20 of this

Convention.

3. Judgments given in a Contracting State by a court in the exercise of

jurisdiction provided for in a convention referred to in the first paragraph

shall be recognised and enforced in the other Contracting States in

accordance with Title III of this Convention.

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4. In addition to the grounds provided for in Title III, recognition or

enforcement may he refused if the State addressed is not a contracting party

to a convention referred to in the first paragraph and the person against

whom recognition or enforcement is sought is domiciled in that State, unless

the judgment may otherwise be recognised or enforced under any rule of law

in the State addressed.

5.Where a convention referred to in the first paragraph to which both the

State of origin and the State addressed are parties lays down conditions 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 58

(None)

ARTICLE 59

This Convention shall not prevent a Contracting State from assuming, in a

convention on the recognition and enforcement of judgments, an obligation

towards a third State not to recognise judgments given in other Contracting

States against defendants domiciled or habitually resident in the third State

where, in cases provided for in Article 4, the judgment could only be

founded on a ground of jurisdiction in the second paragraph of Article 3.

However, a Contracting State may not assume an obligation towards a third

State not to recognise a judgment given in another Contracting State by a

court basing its jurisdiction on the presence within that State of property

belonging to the defendant, or the seizure by the plaintiff of property situated

there:

1. if the action is brought to assert or declare proprietary or possessory rights

in that property, seeks to obtain authority to dispose of it or arises from

another issue relating to such property,

2. if the property constitutes the security for a debt which is the subject-

matter of the action.

TITLE VIII

FINAL PROVISIONS

ARTICLE 60

The following may be parties to this Convention:

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(a) States which, at the time of the opening of this Convention for

signature are members of the European Communities or of the

European Free Trade Association;

(b) States which, after the opening of this Convention for signature,

become members of the European Communities or of the

European Free Trade Association;

ARTICLE 61

1. This Convention shall be opened for signature by the States members of

the European Communities or of the European Free Trade Association.

2. The Convention shall be submitted for ratification by the signatory States.

The instruments of ratification shall be deposited with the Swiss Federal

Council.

3. The Convention shall enter into force on the first day of the third month

following the date on which two States, of which one is a member of the

European Communities and the other a member of the European Free Trade

Association, deposit their instruments of ratification.

4. The Convention shall take effect in relation to any other signatory State on

the first day of the third month following the deposit of its instrument of

ratification.

ARTICLE 62

1. After entering into force this Convention shall be open to accession

by:

(a) the States referred to in Article 60(b),

(b) other States which have been invited to accede upon a request

made by one of the Contracting States to the depository State.

The depository State shall invite the State concerned to accede

only if, after having communicated the contents of the

communications that this State intends to make in accordance

with Article 63, it has obtained the unanimous agreement of the

signatory States and the Contracting States referred to in

Article 60(a) and (b).

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2. if an acceding State wishes to furnish details for the purposes of Protocol

No.1, negotiations shall be entered into to that end. A negotiating conference

shall be convened by the Swiss Federal Council.

3. In respect of an acceding State, the Convention shall take effect on the

first day of the third month following the deposit of its instrument of

accession.

4. However, in respect of an acceding State referred to in paragraph 1(a) or

(b), the Convention shall take effect only in relations between the acceding

State and the Contracting States which have not made any objections to the

accession before the first day of the third month following the deposit of the

instrument of accession.

ARTICLE 63

Each acceding State shall, when depositing its instrument of accession,

Communicate the information required for the application of Articles 3, 32,

37, 40, 41 and 55 of this Convention and furnish, if need be, the details

prescribed during the negotiations for the purposes of Protocol No.1.

ARTICLE 64

1. This Convention is Concluded for an initial period of five years from the

date of its entry into force in accordance with Article 61(3), even in the case

of States which ratify it or accede to it after that date.

2. At the end of the initial five-year period, the Convention shall be

automatically renewed from year to year.

3. Upon the expiry of the initial five-year period, any Contracting State may,

at any time, denounce the Convention by sending a notification to the Swiss

Federal Council.

4. The denunciation shall take effect at the end of the calendar year

following, the expiry of a period of Six months from the date of receipt by

the Swiss Federal Council of the notification of denunciation.

ARTICLE 65

The following are annexed to this Convention:

- a Protocol No.1, on certain questions of jurisdiction, procedure and

enforcement,

- a Protocol No. 2, on the uniform interpretation of the Convention,

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- a Protocol No.3, on the application of Article 57.

These Protocols shall form an integral part of the Convention.

ARTICLE 66

Any Contracting State may request the revision of this Convention. To that

end, the Swiss Federal Council shall issue invitations to a revision conference

within a period of six months from the date of the request for revision.

ARTICLE 67

The Swiss Federal Council shall notify the States represented at the

Diplomatic Conference of Lugano and the States who have later acceded to

the Convention of:

(a) the deposit of each instrument of ratification or accession,

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

Contracting States;

(d) any declaration received pursuant to Article Ia of Protocol

No.1;

(e) any declaration received pursuant to article Ib of Protocol No.1;

(f) any declaration received pursuant to Article IV of Protocol

No.1;

(g) any Communication made pursuant to Article VI of Protocol

No.1.

ARTICLE 68

This Convention drawn up in a single original in the Danish, Dutch, English,

Finnish, French, German, Greek, Icelandic, Irish, Italian, Norwegian,

Portuguese, Spanish and Swedish languages, all fourteen texts being equally

authentic, shall be deposited in the archives of the Swiss Federal Council.

The Swiss Federal Council shall transmit a certified copy to the Government

of each State represented at the Diplomatic Conference of Lugano and to the

Government of each acceding State.

In witness whereof, the undersigned Plenipotentiaries have signed this

Convention.

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Done at Lugano on the sixteenth day of September in the year one thousand

nine hundred and eighty-eight.

[Signatures]

______________

PROTOCOL No.1

on certain questions of jurisdiction, procedure and enforcement

THE HIGH CONTRACTING PARTIES HAVE AGREED UPON THE

FOLLOWING PROVISIONS, WHICH SHALL BE ANNEXED TO THE

CONVENTION:

ARTICLE 1

Any person domiciled in Luxembourg who is sued in a court of another

Contracting State pursuant to Article 5(1) may refuse to submit to the

jurisdiction of that court.

If the defendant does not enter an appearance the court shall declare of its

own motion that it has no jurisdiction.

An agreement conferring jurisdiction, within the meaning of Article 7, shall

be valid with respect to a person domiciled in Luxembourg only if that

person has expressly and specifically so agreed.

ARTICLE Ia

I. Switzerland reserves the right to declare, at the time of depositing its

instrument of ratification, that a judgment given in another Contracting State

shall be neither recognised nor enforced in Switzerland if the following

conditions are met:

(a) the jurisdiction of the court which has given the judgment is

based only on Article 5(1) of this Convention; and

(b) the defendant was domiciled in Switzerland at the time of the

introduction of the proceedings; for the purposes of this Article,

a company or other legal person is considered to be domiciled

in Switzerland if it has its registered seat and the effective

centre of activities in Switzerland; and

enforcement of the judgment in Switzerland, provided that he

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has not waived the benefit of the declaration foreseen under this

paragraph.

2. This reservation shall not apply to the extent that at the time

recognition or enforcement is sought a derogation has been granted from

Article 59 of the Swiss Federal Constitution. The Swiss Government shall

communicate such derogations to the signatory States and the acceding

States.

3. This reservation shall cease to have effect on 31 December 1999. It

maybe withdrawn at any time.

ARTICLE Ib

Any Contracting State may, by declaration made at the time of signing or of

deposit of its instrument of ratification or of accession, reserve the right,

notwithstanding the provisions of Article 28, not to recognise and enforce

judgments given in the other Contracting States if the jurisdiction of the

court of the State of origin is based, pursuant to Article 16(1)(b), exclusively

on the domicile of the defendant in the State of origin, and the property is

situated in the territory of the State which entered the reservation.

ARTICLE II

Without prejudice to any more favourable provisions of national laws,

persons domiciled in a Contracting State who are being prosecuted in the

criminal courts of another Contracting State of which they are not nationals

for an offence which was not intentionally committed may be defended by

persons qualified to do so, even if they do not appear in person.

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 Contracting States.

ARTICLE III

In proceedings for the issue of an order for enforcement, no charge, duty or

fee calculated by reference to the value of the matter in issue may be levied in

the State in which enforcement is sought.

ARTICLE IV

Judicial and extrajudicial documents drawn up in one Contracting State

which have to be served on persons in another Contracting State shall be

transmitted in accordance with the procedures laid down in the conventions

and agreements concluded between the Contracting States.

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Unless the State in which service is to take place objects by declaration to

the Swiss Federal Council, such documents may also be sent by the

appropriate public officers of the State in which the document has been

drawn up directly to the appropriate public officers of the State in which the

addressee is to be found. In this case the officer of the State of origin shall

send a copy of the document to the officer of the State applied to who is

competent to forward it to the addressee. The document shall be forwarded

in the manner specified by the law of the State applied to. The forwarding

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

origin.

ARTICLE V

The jurisdiction specified in Articles 6(2) and 10 in actions on a warranty or

guarantee or in any other third party proceedings may not be resorted to in

the Federal Republic of Germany, in Spain, in Austria and in Switzerland.

Any person domiciled in another Contracting State may be sued in the

courts:

- of the Federal Republic of Germany, pursuant to Articles 68, 72, 73 and 74

of the code of civil procedure (Zivilprozessordnung) concerning third-party

notices;

- of Spain, pursuant to Article 1482 of the civil code;

- of Austria, pursuant to article 21 of the code of civil procedure

(zivilprozessordnung) concerning third-party notices;

- of Switzerland, pursuant to the appropriate provisions concerning third-

party notices of the cantonal codes of civil procedure.

Judgments given in the other Contracting States by virtue of Article 6(2) or

Article 10 shall be recognised and enforced in the Federal Republic of

Germany, in Spain, in Austria and in Switzerland in accordance with Title

III. Any effects which judgment given in these States may have on third

parties by application of the provisions in the preceding paragraph shall also

be recognised in the other Contracting States.

ARTICLE Va

In matters relating to maintenance, the expression “court” includes the

Danish, Icelandic and Norwegian administrative authorities.

In civil and commercial matters, the expression “court” includes the Finnish

ulosoton haltija/överexekutor.

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ARTICLE Vb

In proceedings involving a dispute between the master and a member of the

crew of a sea-going ship registered in Denmark, in Greece, in Ireland, in

Iceland, in Norway, in Portugal or in Sweden concerning remuneration or

other conditions of service, a court in a Contracting State shall establish

whether the diplomatic or consular officer responsible for the ship has been

notified of the dispute. It shall stay the proceedings so long as he has not

been notified. It shall of its own motion decline jurisdiction if the officer,

having been duly notified, has exercised the powers accorded to him in the

matter by a consular convention, or in the absence of such a convention has,

within the time allowed, raised any objection to the exercise of such

jurisdiction.

ARTICLE Vc

(None)

ARTICLE Vd

Without prejudice to the jurisdiction of the European Patent Office under the

Convention on the grant of European patents, signed at Munich on 5

October 1973, the courts of each Contracting State shall have exclusive

jurisdiction, regardless of domicile, in proceedings concerned with the

registration or validity of any European patent granted for that State which is

not a Community patent by virtue of the provision of Article 86 of the

Convention for the European patent for the common market, signed at

Luxembourg on 15 December 1975.

ARTICLE VI

The Contracting States shall communicate to the Swiss Federal Council the

text of any provisions of their laws which amend either those provisions of

their laws mentioned in the Convention or the lists of courts specified in

Section 2 of Title III.

__________________

PROTOCOL No. 2

on the uniform interpretation of the Convention

PREAMBLE

THE HIGH CONTRACTING PARTIES,

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HAVING REGARD to Article 65 of this Convention,

CONSIDERING the substantial link between this Convention and the

Brussels Convention,

CONSIDERING that the Court of Justice of the European Communities by

virtue of the Protocol of 3 June 1971 has jurisdiction to give rulings on the

interpretation of the provisions of the Brussels Convention,

BEING AWARE of the rulings delivered by the Court of Justice of the

European Communities on the interpretation of the Brussels Convention up

to the time of signature of this Convention,

CONSIDERING that the negotiations which led to the conclusion of the

Convention were based on the Brussels Convention in the light of these

rulings,

DESIRING to prevent, in full defence to the independence of the courts,

divergent interpretations and to arrive at as uniform an interpretation as

possible of the provisions of the Convention, and of these provisions and

those of the Brussels Convention which are substantially reproduced in this

Convention,

HAVE AGREED AS FOLLOWS:

ARTICLE 1

The courts of each Contracting State shall, when applying and interpreting

the provisions of the Convention, pay due account to the principles laid

down by any relevant decision delivered by courts of the other Contracting

States concerning provisions of this Convention.

ARTICLE 2

1. The Contracting Parties agree to set up a system of exchange of

information concerning judgments delivered pursuant to this Convention as

well as relevant judgments under the Brussels Convention. This system shall

comprise:

- transmission to a central body by the competent authorities of judgments

delivered by courts of last instance and the Court of Justice of the

European Communities as well as judgments of particular importance

which have become final and have been delivered pursuant to this

Convention or the Brussels Convention;

- classification of these judgments by the central body including, as far as

necessary, the drawing-up and publication of translations and abstracts;

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- communication by the central body of the relevant documents to the

competent national authorities of all signatories and acceding States to the

Convention and to the Commission of the European Communities.

2. The central body is the Registrar of the Court of Justice of the

European Communities.

ARTICLE 3

1. A Standing Committee shall be set up for the purpose of this

Protocol.

2. The Committee shall be composed of representatives appointed by

each signatory and acceding State.

3. The European Communities (Commission, Court of Justice and

General Secretariat of the Council) and the European Free Trade Association

may attend the meetings as observers.

ARTICLE 4

1. At the request of a Contracting Party, the depository of the

Convention shall convene meetings of the Committee for the purpose of

exchanging views on the functioning of the Convention and in particular on:

- the development of the case law as communicated under the first paragraph

first indent of Article 2;

- the application of Article 57 of the Convention.

2. The Committee, in the light of these exchanges, may also examine the

appropriateness of starting on particular topics a revision of the Convention

and make recommendations.

PROTOCOL No. 3

on the application of Article 57

THE HIGH CONTRACTING PARTIES HAVE AGREED AS

FOLLOWS:

1. For the purposes of the Convention, provisions which, in relation to

particular matters, govern jurisdiction or the recognition or enforcement of

judgments and which are, or will be contained in acts of the Institutions of

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the European Communities shall be treated in the same way as the

conventions referred to in paragraph 1 of Article 57.

2. If one Contracting State is of the opinion that a provision contained in an

act of the Institutions of the European Communities is incompatible with the

Convention, the Contracting States shall promptly consider amending the

Convention pursuant to Article 66, without prejudice to the procedure

established by Protocol No. 2.

_____________

DECLARATION

by the representatives of the Governments of the States signatories to the

Lugano Convention which are members of the European Communities on

Protocol No.3 on the application of Article 57 of the Convention

Upon signature of the Convention on jurisdiction and the enforcement of

judgments in civil and commercial matters done at Lugano on 16 September

1988,

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE

MEMBER STATES OF THE EUROPEAN COMMUNITIES,

taking into account the undertakings entered into vis-à-vis the Member

States of the European Free Trade Association,

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

Convention,

declare that they will take all measures in their powers to ensure, when

Community acts referred to in paragraph 1 of Protocol No. 3 on the

application of Article 57 are being drawn up, respect for the rules of

jurisdiction and recognition and enforcement of judgments established by the

Convention.

In witness whereof , the undersigned have signed this Declaration.

Done at Lugano on the sixteenth day of September in the year one thousand

nine hundred and eighty eight.

[Signatures]

DECLARATION

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

Lugano Convention which are members of the European Communities

Upon signature of the Convention on jurisdiction and the enforcement of

judgments in civil and commercial matters done at Lugano on 16 September

1988,

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE

MEMBER STATES OF THE EUROPEAN COMMUNITIES

declare that they consider as appropriate that the Court of Justice of the

European Communities, when interpreting the Brussels Convention, pay due

attention to the rulings contained in the case law of the Lugano

Convention.

In witness whereof, the undersigned have signed this Declaration.

Done at Lugano on the sixteenth day of September in the year one thousand

nine hundred and eighty-eight

[Signatures]

________________

DECLARATION

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

Lugano Convention which are members of the European Communities

Upon signature of the Convention on jurisdiction and the enforcement of

judgments in civil and commercial matters done at Lugano on 16 September

1988,

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE

MEMBER STATES OF THE EUROPEAN FREE TRADE

ASSOCIATION

declare that they consider as appropriate that their courts, when

interpreting the Lugano Convention, pay due account to the rulings

contained in the case law of the Court of Justice of the European

Communities and of courts of the Member States of the European

Communities in respect of provisions of the Brussels Convention which are

substantially reproduced in the Lugano Convention.

In witness whereof, the undersigned have signed this Declaration.

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Done at Lugano on the sixteenth day of September in the year one thousand

nine hundred and eighty-eight

[Signatures]

FINAL ACT

The Representatives of:

THE GOVERNMENT OF THE KINGDOM OF BELGIUM,

THE GOVERNMENT OF THE KINGDOM OF DENMARK,

THE GOVERNMENT OF THE FEDERAL REPUBLIC OF

GERMANY,

THE GOVERNMENT OF THE HELLENIC REPUBLIC,

THE GOVERNMENT OF THE KINGDOM OF SPAIN,

THE GOVERNMENT OF THE FRENCH REPUBLIC,

THE GOVERNMENT OF IRELAND,

THE GOVERNMENT OF THE REPUBLIC OF ICELAND,

THE GOVERNMENT OF THE ITALIAN REPUBLIC,

THE GOVERNMENT OF THE GRAND DUCHY OF LUXEMBOURG,

THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS,

THE GOVERNMENT OF THE KINGDOM OF NORWAY,

THE GOVERNMENT OF THE REPUBLIC OF AUSTRIA,

THE GOVERNMENT OF THE PORTUGUESE REPUBLIC,

THE GOVERNMENT OF THE KINGDOM OF SWEDEN,

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THE GOVERNMENT OF THE SWISS CONFEDERATION,

THE GOVERNMENT OF THE REPUBLIC OF FINLAND,

THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT

BRITAIN AND NORTHERN IRELAND,

Assembled at Lugano on the sixteenth day of September in the year one

thousand nine hundred and eighty-eight on the occasion of the Diplomatic

Conference on jurisdiction in civil matters, have placed on record the fact

that the following texts have been drawn up and adopted within the

Conference:

I. the Convention on jurisdiction and the enforcement of judgments in civil

and commercial matters;

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

- No. 1, on certain questions of jurisdiction, procedure and enforcement;

- No.2, on the uniform interpretation of the Convention;

- No.3, on the application of Article 57;

III. the following Declarations:

- Declaration by the Representatives of the Governments of the States

signatories to the Lugano Convention which are members of the

European Communities on Protocol No.3 on the application of Article 57

of the Convention;

- Declaration by the Representatives of the Governments of the States

signatories to the Lugano Convention which are members of the

European Communities;

- Declaration by the Representatives of the Governments of the States

signatories to the Lugano Convention which are members of the

European Free Association.

[Signatures]

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SCHEDULE 6A.

Section 4(6)

CONVENTION ON CHOICE OF COURT AGREEMENTS

(Concluded on 30 June 2005)

The States Parties to the present Convention,

Desiring to promote international trade and investment through enhanced

judicial co-operation, Believing that such co-operation can be enhanced by

uniform rules on jurisdiction and on recognition and enforcement of foreign

judgments in civil or commercial matters,

Believing that such enhanced co-operation requires in particular an

international legal regime that provides certainty and ensures the

effectiveness of exclusive choice of court agreements between parties to

commercial transactions and that governs the recognition and enforcement of

judgments resulting from proceedings based on such agreements,

Have resolved to conclude this Convention and have agreed upon the

following provisions –

CHAPTER I – SCOPE AND DEFINITIONS

Article 1

Scope

(1) This Convention shall apply in international cases to exclusive choice

of court agreements concluded in civil or commercial matters.

(2) For the purposes of Chapter II, a case is international unless the

parties are resident in the same Contracting State and the relationship of the

parties and all other elements relevant to the dispute, regardless of the

location of the chosen court, are connected only with that State.

(3) For the purposes of Chapter III, a case is international where

recognition or enforcement of a foreign judgment is sought.

Article 2

Exclusions from scope

(1) This Convention shall not apply to exclusive choice of court

agreements –

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a) to which a natural person acting primarily for personal,

family or household purposes (a consumer) is a party;

b) relating to contracts of employment, including

collective agreements.

(2) This Convention shall not apply to the following matters –

a) the status and legal capacity of natural persons;

b) maintenance obligations;

c) other family law matters, including matrimonial property

regimes and other rights or obligations arising out of marriage

or similar relationships;

d) wills and succession;

e) insolvency, composition and analogous matters;

f) the carriage of passengers and goods;

g) marine pollution, limitation of liability for maritime claims,

general average, and emergency towage and salvage;

h) anti-trust (competition) matters;

i) liability for nuclear damage;

j) claims for personal injury brought by or on behalf of natural

persons;

k) tort or delict claims for damage to tangible property that do

not arise from a contractual relationship;

l) rights in rem in immovable property, and tenancies of immovable

property;

m) the validity, nullity, or dissolution of legal persons, and the

validity of decisions of their organs;

n) the validity of intellectual property rights other than copyright

and related rights;

o ) infringement of intellectual property rights other than copyright

and related rights, except where infringement proceedings are

brought for breach of a contract between the parties relating to

such rights, or could have been brought for breach of that

contract;

p) the validity of entries in public registers.

(3) Notwithstanding paragraph 2, proceedings are not excluded from the

scope of this Convention where a matter excluded under that paragraph

arises merely as a preliminary question and not as an object of the

proceedings. In particular, the mere fact that a matter excluded under

paragraph 2 arises by way of defence does not exclude proceedings from

the Convention, if that matter is not an object of the proceedings.

(4) This Convention shall not apply to arbitration and related proceedings.

(5) Proceedings are not excluded from the scope of this Convention by the

mere fact that a State, including a government, a governmental agency or

any person acting for a State, is a party thereto.

(6) Nothing in this Convention shall affect privileges and immunities of

States or of international organisations, in respect of themselves and of their

property.

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Article 3

Exclusive choice of court agreements

For the purposes of this Convention-

a) “exclusive choice of court agreement” means an agreement

concluded by two or more parties

that meets the requirements of paragraph c) and designates, for

the purpose of deciding disputes which have arisen or may

arise in connection with a particular legal relationship, the

courts of one Contracting State or one or more specific courts

of one Contracting State to the exclusion of the jurisdiction of

any other courts;

b) a choice of court agreement which designates the courts of

one Contracting State or one or more specific courts of one

Contracting State shall be deemed to be exclusive unless the

parties have expressly provided otherwise;

c) an exclusive choice of court agreement must be concluded or

documented –

i) in writing; or

i) by any other means of communication which

renders information accessible so as to be usable for

subsequent reference;

d) an exclusive choice of court agreement that forms part of a

contract shall be treated as an agreement independent of the

other terms of the contract. The validity of the exclusive choice

of court agreement cannot be contested solely on the ground

that the contract is not valid.

Article 4

Other definitions

(1) In this Convention, “judgment” means any decision on the merits given

by a court, whatever it may be called, including a decree or order, and a

determination of costs or expenses by the court (including an officer of the

court), provided that the determination relates to a decision on the merits

which may be recognised or enforced under this Convention. An interim

measure of protection is not a judgment.

(2) For the purposes of this Convention, an entity or person other than a

natural person shall be considered to be resident in the State-

a) where it has its statutory seat;

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b) under whose law it was incorporated or formed;

c) where it has its central administration; or

d) where it has its principal place of business.

CHAPTER II- JURISDICTION

Article 5

Jurisdiction on the chosen court

(1) The court or courts of a Contracting State designated in an exclusive

choice of court agreement shall have jurisdiction to decide a dispute to

which the agreement applies, unless the agreement is null and void under

the law of that State.

(2) A court that has jurisdiction under paragraph 1 shall not decline to

exercise jurisdiction on the ground that the dispute should be decided in a

court of another State.

(3) The preceding paragraphs shall not affect rules-

a) on jurisdiction related to subject matter or to the value of the

claim;

b) on the internal allocation of jurisdiction among the courts

of a Contracting State.

However, where the chosen court has discretion as to whether to transfer a

case, due consideration should be given to the choice of the parties.

Article 6

Obligations of a court not chosen

A court of a Contracting State other than that of the chosen court shall

suspend or dismiss proceedings to which an exclusive choice of court

agreement applies unless-

a ) the agreement is null and void under the law of the State of the

chosen court;

b ) a party lacked the capacity to conclude the agreement under

the law of the State of the court seised;

c) giving effect to the agreement would lead to a manifest injustice

or would be manifestly contrary to the public policy of the State

of the court seised;

d) for exceptional reasons beyond the control of the parties, the

agreement cannot reasonably be performed; or

e) the chosen court has decided not to hear the case.

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Article 7

Interim measures of protection

Interim measures of protection are not governed by this Convention. This

Convention neither requires nor precludes the grant, refusal or termination

of interim measures of protection by a court of a Contracting State and does

not affect whether or not a party may request or a court should grant, refuse

or terminate such measures.

CHAPTER III- RECOGNITION AND ENFORCEMENT

Article 8

Recognition and enforcement

(1) A judgment given by a court of a Contracting State designated in an

exclusive choice of court agreement shall be recognised and enforced in

other Contracting States in accordance with this Chapter. Recognition or

enforcement may be refused only on the grounds specified in this

Convention.

(2) Without prejudice to such review as is necessary for the application of

the provisions of this Chapter, there shall be no review of the merits of the

judgment given by the court of origin. The court addressed shall be bound by

the findings of fact on which the court of origin based its jurisdiction, unless

the judgment was given by default.

(3) A judgment shall be recognised only if it has effect in the State of origin,

and shall be enforced only if it is enforceable in the State of origin.

(4) Recognition or enforcement may be postponed or refused if the judgment

is the subject of review in the State of origin or if the time limit for seeking

ordinary review has not expired. A refusal does not prevent a subsequent

application for recognition and enforcement of the judgment.

(5) This Article shall also apply to a judgment given by a court of a

Contracting State pursuant to a transfer of the case from the chosen court in

that Contracting State as permitted by Article 5, paragraph 3. However,

where the chosen court had discretion as to whether to transfer the case to

another court, recognition or enforcement of the judgment may be refused

against a party who objected to the transfer in a timely manner in the State of

origin.

Article 9

Refusal of recognition or enforcement

Recognition or enforcement may be refused if-

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a) the agreement was null and void under the law of the State

of the chosen court, unless the

chosen court has determined that the agreement is valid;

b) a party lacked the capacity to conclude the agreement under the

law of the requested State;

c) the document which instituted the proceedings or an

equivalent document, including the essential elements of the

claim,

i) was not notified to the defendant in sufficient time and in

such a way as to enable him to arrange for his defence,

unless the defendant entered an appearance and presented

his case without contesting notification in the court of

origin, provided that the law of the State of origin

permitted notification to be contested; or

ii) was notified to the defendant in the requested State in a

manner that is incompatible with fundamental principles

of the requested State concerning service of documents;

d) the judgment was obtained by fraud in connection with a matter

of procedure;

e) recognition or enforcement would be manifestly

incompatible with the public policy of the requested State,

including situations where the specific proceedings leading to

the judgment were incompatible with fundamental principles of

procedural fairness of that State;

f) the judgment is inconsistent with a judgment given in the

requested State in a dispute between

the same parties; or

g) the judgment is inconsistent with an earlier judgment given in

another State between the same parties on the same cause of

action, provided that the earlier judgment fulfils the

conditions necessary for its recognition in the requested State.

Article 10

Preliminary questions

(1) Where a matter excluded under Article 2, paragraph 2, or under

Article 21, arose as a preliminary question, the ruling on that question

shall not be recognised or enforced under this Convention.

(2) Recognition or enforcement of a judgment may be refused if, and to

the extent that, the judgment was based on a ruling on a matter excluded

under Article 2, paragraph 2.

(3) However, in the case of a ruling on the validity of an intellectual

property right other than copyright or a related right, recognition or

enforcement of a judgment may be refused or postponed under the

preceding paragraph only where-

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a) that ruling is inconsistent with a judgment or a decision of a

competent authority on that matter given in the State under the

law of which the intellectual property right arose; or

b) proceedings concerning the validity of the intellectual property

right are pending in that State.

(4) Recognition or enforcement of a judgment may be refused if, and to the

extent that, the judgment was based on a ruling on a matter excluded

pursuant to a declaration made by the requested State under Article 21.

Article 11

Damages

(1) Recognition or enforcement of a judgment may be refused if, and to

the extent that, the judgment awards damages, including exemplary or

punitive damages, that do not compensate a party for actual loss or harm

suffered.

(2) The court addressed shall take into account whether and to what extent

the damages awarded by the court of origin serve to cover costs and

expenses relating to the proceedings.

Article 12

Judicial settlements (transactions judiciaries)

Judicial settlements (transactions judiciaires) which a court of a

Contracting State designated in an exclusive choice of court agreement has

approved, or which have been concluded before that court in the course of

proceedings, and which are enforceable in the same manner as a judgment in

the State of origin, shall be enforced under this Convention in the same

manner as a judgment.

Article 13

Documents to be produced

(1) The party seeking recognition or applying for enforcement shall

produce-

a) a complete and certified copy of the judgment;

b) the exclusive choice of court agreement, a certified copy

thereof, or other evidence of its existence;

c) if the judgment was given by default, the original or a

certified copy of a document establishing that the document

which instituted the proceedings or an equivalent

document was notified to the defaulting party;

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d) any documents necessary to establish that the judgment has

effect or, where applicable, is enforceable in the State of origin;

e) in the case referred to in Article 12, a certificate of a court of

the State of origin that the judicial settlement or a part of it is

enforceable in the same manner as a judgment in the State of

origin.

(2) If the terms of the judgment do not permit the court addressed to

verify whether the conditions of this Chapter have been complied with, that

court may require any necessary documents.

(3) An application for recognition or enforcement may be accompanied by

a document, issued by a court (including an officer of the court) of the State

of origin, in the form recommended and published by the Hague Conference

on Private International Law.

(4) If the documents referred to in this Article are not in an official

language of the requested State, they shall be accompanied by a certified

translation into an official language, unless the law of the requested State

provides otherwise.

Article 14

Procedure

The procedure for recognition, declaration of enforceability or registration

for enforcement, and the enforcement of the judgment, are governed by the

law of the requested State unless this Convention provides otherwise. The

court addressed shall act expeditiously.

Article 15

Severability

Recognition or enforcement of a severable part of a judgment shall be

granted where recognition or enforcement of that part is applied for, or only

part of the judgment is capable of being recognised or enforced under this

Convention.

CHAPTER IV- GENERAL CLAUSES

Article 16

Transitional provisions

(1) This Convention shall apply to exclusive choice of court agreements

concluded after its entry into force for the State of the chosen court.

(2) This Convention shall not apply to proceedings instituted before its

entry into force for the State of the court seised.

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Article 17

Contracts of insurance and reinsurance

(1) Proceedings under a contract of insurance or reinsurance are not

excluded from the scope of this Convention on the ground that the contract

of insurance or reinsurance relates to a matter to which this Convention does

not apply.

(2) Recognition and enforcement of a judgment in respect of liability

under the terms of a contract of insurance or reinsurance may not be limited

or refused on the ground that the liability under that contract includes

liability to indemnify the insured or reinsured in respect of-

a) a matter to which this Convention does not apply; or

b) an award of damages to which Article 11 might apply.

Article 18

No legislation

All documents forwarded or delivered under this Convention shall be

exempt from legalisation or any analogous formality, including an Apostille.

Article 19

Declarations limiting jurisdiction

A State may declare that its courts may refuse to determine disputes to

which an exclusive choice of court agreement applies if, except for the

location of the chosen court, there is no connection between that State and

the parties or the dispute.

Article 20

Declarations limiting recognition and enforcement

A State may declare that its courts may refuse to recognise or enforce a

judgment given by a court of another Contracting State if the parties were

resident in the requested State, and the relationship of the parties and all

other elements relevant to the dispute, other than the location of the chosen

court, were connected only with the requested State.

Article 21

Declarations with respect to specific matters

(1) Where a State has a strong interest in not applying this Convention to

a specific matter, that State may declare that it will not apply the

Convention to that matter. The State making such a declaration shall ensure

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that the declaration is no broader than necessary and that the specific matter

excluded is clearly and precisely defined.

(2) With regard to that matter, the Convention shall not apply-

a) in the Contracting State that made the declaration;

b) in other Contracting States, where an exclusive choice of

court agreement designates the courts, or one or more specific

courts, of the State that made the declaration.

Article 22

Reciprocal declarations on non-exclusive choice of court agreements

(1) A Contracting State may declare that its courts will recognise and

enforce judgments given by courts of other Contracting States designated in

a choice of court agreement concluded by two or more parties that meets

the requirements of Article 3, paragraph c), and designates, for the purpose

of deciding disputes which have arisen or may arise in connection with a

particular legal relationship, a court or courts of one or more Contracting

States (a non-exclusive choice of court agreement).

(2) Where recognition or enforcement of a judgment given in a

Contracting State that has made such a declaration is sought in another

Contracting State that has made such a declaration, the judgment shall be

recognised and enforced under this Convention, if-

a) the court of origin was designated in a non-exclusive choice of

court agreement;

b) there exists neither a judgment given by any other court before

which proceedings could be brought in accordance with the

non-exclusive choice of court agreement, nor a proceeding

pending between the same parties in any other such court on the

same cause of action; and

c) the court of origin was the court first seised.

Article 23

Uniform interpretation

In the interpretation of this Convention, regard shall be had to its

international character and to the need to promote uniformity in its

application.

Article 24

Review of operation of the Convention

The Secretary General of the Hague Conference on Private International Law

shall at regular intervals make arrangements for-

a) review of the operation of this Convention, including any

declarations; and

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b) consideration of whether any amendments to this Convention

are desirable.

Article 25

Non-unified legal systems

(1) In relation to a Contracting State in which two or more systems of law

apply in different territorial units with regard to any matter dealt with in this

Convention-

a) any reference to the law or procedure of a State shall be

construed as referring, where appropriate, to the law or

procedure in force in the relevant territorial unit;

b) any reference to residence in a State shall be construed as

referring, where appropriate, to residence in the relevant

territorial unit;

c) any reference to the court or courts of a State shall be

construed as referring, where appropriate, to the court or

courts in the relevant territorial unit;

d) any reference to a connection with a State shall be

construed as referring, where appropriate, to a connection

with the relevant territorial unit.

(2) Notwithstanding the preceding paragraph, a Contracting State with

two or more territorial units in which different systems of law apply shall not

be bound to apply this Convention to situations which involve solely such

different territorial units.

(3) A court in a territorial unit of a Contracting State with two or more

territorial units in which different systems of law apply shall not be bound to

recognise or enforce a judgment from another Contracting State solely

because the judgment has been recognised or enforced in another territorial

unit of the same Contracting State under this Convention.

(4) This Article shall not apply to a Regional Economic Integration

Organisation.

Article 26

Relationship with other legal instruments

(1) This Convention shall be interpreted so far as possible to be

compatible with other treaties in force for Contracting States, whether

concluded before or after this Convention.

(2) This Convention shall not affect the application by a Contracting

State of a treaty, whether concluded before or after this Convention, in

cases where none of the parties is resident in a Contracting State that is not a

Party to the treaty.

(3) This Convention shall not affect the application by a Contracting

State of a treaty that was concluded before this Convention entered into

force for that Contracting State, if applying this Convention would be

inconsistent with the obligations of that Contracting State to any non-

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Contracting State. This paragraph shall also apply to treaties that revise

or replace a treaty concluded before this Convention entered into force for

that Contracting State, except to the extent that the revision or replacement

creates new inconsistencies with this Convention.

(4) This Convention shall not affect the application by a Contracting

State of a treaty, whether concluded before or after this Convention, for the

purposes of obtaining recognition or enforcement of a judgment given by a

court of a Contracting State that is also a Party to that treaty. However, the

judgment shall not be recognised or enforced to a lesser extent than under

this Convention.

(5) This Convention shall not affect the application by a Contracting

State of a treaty which, in relation to a specific matter, governs jurisdiction

or the recognition or enforcement of judgments, even if concluded after this

Convention and even if all States concerned are Parties to this Convention.

This paragraph shall apply only if the Contracting State has made a

declaration in respect of the treaty under this paragraph. In the case of such

a declaration, other Contracting States shall not be obliged to apply this

Convention to that specific matter to the extent of any inconsistency, where

an exclusive choice of court agreement designates the courts, or one or

more specific courts, of the Contracting State that made the declaration.

(6) This Convention shall not affect the application of the rules of a

Regional Economic Integration Organisation that is a Party to this

Convention, whether adopted before or after this Convention-

a) where none of the parties is resident in a Contracting State that

is not a Member State of the Regional Economic Integration

Organisation;

b) as concerns the recognition or enforcement of judgments as

between Member States of the Regional Economic Integration

Organisation.

CHAPTER V- FINAL CLAUSES

Article 27

Signature, ratification, acceptance, approval or accession

(1) This Convention is open for signature by all States.

(2) This Convention is subject to ratification, acceptance or approval by

the signatory States.

(3) This Convention is open for accession by all States.

(4) Instruments of ratification, acceptance, approval or accession shall

be deposited with the Ministry of Foreign Affairs of the Kingdom of the

Netherlands, depositary of the Convention.

Article 28

Declarations with respect to non-unified legal systems

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(1) If a State has two or more territorial units in which different systems

of law apply in relation to matters dealt with in this Convention, it may at

the time of signature, ratification, acceptance, approval or accession declare

that the Convention shall extend to all its territorial units or only to one or

more of them and may modify this declaration by submitting another

declaration at any time.

(2) A declaration shall be notified to the depositary and shall state

expressly the territorial units to which the Convention applies.

(3) If a State makes no declaration under this Article, the Convention

shall extend to all territorial units of that State.

(4) This Article shall not apply to a Regional Economic Integration

Organisation.

Article 29

Regional Economic Integration Organisations

(1) A Regional Economic Integration Organisation which is constituted

solely by sovereign States and has competence over some or all of the

matters governed by this Convention may similarly sign, accept, approve or

accede to this Convention. The Regional Economic Integration Organisation

shall in that case have the rights and obligations of a Contracting State, to

the extent that the Organisation has competence over matters governed by

this Convention.

2) The Regional Economic Integration Organisation shall, at the time of

signature, acceptance, approval or accession, notify the depositary in writing

of the matters governed by this Convention in respect of which Member

States. The Organisation shall promptly notify the depositary in writing of

any changes to its competence as specified in the most recent notice given

under this paragraph.

(3) For the purposes of the entry into force of this Convention, any

instrument deposited by a Regional Economic Integration Organisation

shall not be counted unless the Regional Economic Integration

Organisation declares in accordance with Article 30 that its Member

States will not be Parties to this Convention.

(4) Any reference to a “Contracting State” or “State” in this Convention

shall apply equally, where appropriate, to a Regional Economic Integration

Organisation that is a Party to it.

Article 30

Accession by a Regional Economic Integration Organisation without its

Member States

(1) At the time of signature, acceptance, approval or accession, a

Regional Economic Integration Organisation may declare that it exercises

competence over all the matters governed by this Convention and that its

Member States will not be Parties to this Convention but shall be bound by

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virtue of the signature, acceptance, approval or accession of the

Organisation.

(2) In the event that a declaration is made by a Regional Economic

Integration Organisation in accordance with paragraph 1, any reference to a

“Contracting State” or “State” in this Convention shall apply equally, where

appropriate, to the Member States of the Organisation.

Article 31

Entry into force

(1) This Convention shall enter into force on the first day of the month

following the expiration of three months after the deposit of the second

instrument of ratification, acceptance, approval or accession referred to in

Article 27.

(2) Thereafter this Convention shall enter into force-

a) for each State or Regional Economic Integration

Organisation subsequently ratifying, accepting, approving or

acceding to it, on the first day of the month following the

expiration of three months after the deposit of its instrument of

ratification, acceptance, approval or accession;

b) for a territorial unit to which this Convention has been

extended in accordance with Article 28, paragraph 1, on the

first day of the month following the expiration of three months

after the notification of the declaration referred to in that

Article.

Article 32

Declarations

(1) Declarations referred to in Articles 19, 20, 21, 22 and 26 may

be made upon signature, ratification, acceptance, approval or accession or

at any time thereafter, and may be modified or withdrawn at any time.

(2) Declarations, modifications and withdrawals shall be notified to the

depositary.

(3) A declaration made at the time of signature, ratification,

acceptance, approval or accession shall take effect simultaneously with

the entry into force of this Convention for the State concerned.

(4) A declaration made at a subsequent time, and any modification or

withdrawal of a declaration, shall take effect on the first day of the month

following the expiration of three months after the date on which the

notification is received by the depositary.

(5) A declaration under Articles 19, 20, 21 and 26 shall not apply to

exclusive choice of court agreements concluded before it takes effect.

Article 33

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Denunciation

(1) This Convention may be denounced by notification in writing to

the depositary. The denunciation may be limited to certain territorial units

of a non-unified legal system to which this Convention applies.

(2) The denunciation shall take effect on the first day of the month

following the expiration of twelve months after the date on which the

notification is received by the depositary. Where a longer period for the

denunciation to take effect is specified in the notification, the denunciation

shall take effect upon the expiration of such longer period after the date on

which the notification is received by the depositary.

Article 34

Notifications by the depositary

The depositary shall notify the Members of the Hague Conference on

Private International Law, and other States and Regional Economic

Integration Organisations which have signed, ratified, accepted, approved or

acceded in accordance with Articles 27, 29 and 30 of the following-

a) the signatures, ratifications, acceptances, approvals and

accessions referred to in Articles 27, 29 and 30;

b) the date on which this Convention enters into force in

accordance with Article 31;

c) the notifications, declarations, modifications and withdrawals

of declarations referred to in Articles 19, 20, 21, 22, 26, 28, 29

and 30;

d) the denunciations referred to in Article 33.

In witness whereof the undersigned, being duly authorised thereto, have

signed this Convention.

Done at The Hague, on 30 June 2005, in the English and French languages,

both texts being equally authentic, in a single copy which shall be deposited in

the archives of the Government of the Kingdom of the Netherlands, and of

which a certified copy shall be sent, through diplomatic channels, to each of

the Member States of the Hague Conference on Private International Law as

of the date of its Twentieth Session and to each State which participated in

that Session.

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SCHEDULE 7

Section 35

AMENDMENT TO THE MAINTENANCE ORDERS

(RECIPROCAL ENFORCEMENT) ACT.

Paragraph (a) amends section 2.

Paragraph (b) amends section 4.

Paragraph (c) amends section 7.

Paragraph (d) amends section 9.

Paragraph (e) amends section 10.

Paragraph (f) amends sub-section 11(2).

Paragraph (g) amends sub-section 12(1).

_________________

SCHEDULE 8

Section 36

AMENDMENTS TO THE MAGISTRATES' COURT

ACT.

Paragraph (a) amends section 45(d).

Paragraph (b) inserts new section 45(e).

Paragraph (c) amends section 45.

________________________

SCHEDULE 9

Section 37

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AMENDMENT TO THE JUDGMENTS (RECIPROCAL

ENFORCEMENT) ACT.

Paragraph (a) inserts a new definition of “court” in section 2.

Paragraph (b) replaces section 3.

Paragraph (c) replaces section 10.

Paragraph (d) replaces section 11 and inserts a new section 11A.

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SCHEDULE 10

Section 38

APPLICATION OF THE REGULATION

Interpretation.

1.(1) In this Schedule

“court”, without more, includes a tribunal;

“judgment” has the meaning given by Article 2 of the Regulation;

“prescribed” means prescribed by the Chief Justice in rules of court.

(2) In this Schedule, any reference to a numbered Article or Annex is a

reference to the Article or Annex so numbered in the Regulation, and any

reference to a sub-division of a numbered Article shall be construed

accordingly.

(3) Deleted

Enforcement of judgments other than maintenance orders (section 6).

2.(1) Where a judgment is enforced under the Regulation, the reasonable

costs or expenses of and incidental to its enforcement shall be recoverable as

if they were sums recoverable under the judgment.

(2) A judgment to be enforced under the Regulation shall, for the purposes

of its enforcement, be of the same force and effect, and the enforcing court

shall have in relation to its enforcement the same powers, and proceedings

for or with respect to its enforcement may be taken, as if the judgment had

been originally given by the enforcing court.

(3) Sub-paragraph (2) is subject to Articles 41(2) and 46, to paragraph 5

and to any provision made by rules of court as to the manner in which and

conditions subject to which a judgment declared enforceable under the

Regulation may be enforced.

3. Deleted

4. Deleted

Interest on judgments (section 9).

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5.(1) Subject to sub-paragraph (2), where a person applying for enforcement

of a judgment under the Regulation shows

(a) that the judgment provides for the payment of a sum of money;

and

(b) that in accordance with the law of the Regulation State in which

the judgment was given interest on that sum is recoverable

under the judgment from a particular date or time,

the debt resulting from enforcement of the judgment is to carry interest at

that rate and from that date or time.

(2) Costs or expenses recoverable by virtue of paragraph 2(1) shall carry

interest as if they were the subject of an order for the payment of costs or

expenses made by the enforcing court on the date of enforcement.

(3) Deleted

(4) Debts under judgments enforced under the Regulation shall carry

interest only as provided by this paragraph.

6. Deleted

Proof and admissibility of judgments and related documents (section

11). 7.(1) For the purposes of the Regulation

(a) a document, duly authenticated, which purports to be a copy of

a judgment given by a court of a Regulation State other than

Gibraltar shall without further proof be deemed to be a true

copy, unless the contrary is shown; and (b) a certificate obtained in accordance with Article 53 and Annex I

shall be evidence that the judgment is enforceable in the

Regulation State of origin. (2) A document purporting to be a copy of a judgment given by any such

court as is mentioned in sub-paragraph (1)(a) is duly authenticated for the

purposes of this paragraph if it purports

(a) to bear the seal of that court; or (b) to be certified by any person in his capacity as a judge or officer

of that court to be a true copy of a judgment given by that

court.

(3) Nothing in this paragraph shall prejudice the admission in evidence of

any document which is admissible apart from this paragraph.

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Domicile of individuals (section 24). 8.(1) Subject to Article 62 (which contains provisions for determining

whether a party is domiciled in a Regulation State), the following provisions

of this paragraph determine, for the purposes of the Regulation, whether an

individual is domiciled in Gibraltar or in a state other than a Regulation

State.

(2) An individual is domiciled in Gibraltar if and only if

(a) he is resident in Gibraltar; and (b) the nature and circumstances of his residence indicate that he

has a substantial connection with Gibraltar. (3) In the case of an individual who

(a) is resident in Gibraltar; and (b) has been so resident for the last three months or more,

the requirements of sub-paragraph (2)(b) shall be presumed to be fulfilled

unless the contrary is proved. (4) An individual is domiciled in a state other than a Regulation State if and

only if

(a) he is resident in that state; and (b) the nature and circumstances of his residence indicate that he

has a substantial connection with that state. Seat of company, or other legal person or association for purposes of

Article 24(2) (section 26). 9.(1) The following provisions of this paragraph determine where a

company, legal person or association has its seat for the purposes of Article

22(2) (which confers exclusive jurisdiction over proceedings relating to the

formation or dissolution of such bodies, or to the decisions of their organs). (2) A company, legal person or association has its seat in Gibraltar if and

only if

(a) it was incorporated or formed under the law of Gibraltar; or

(b) its central management and control is exercised in Gibraltar. (3) Subject to sub-paragraph (4), a company, legal person or association

has its seat in a Regulation State other than Gibraltar if and only if

(a) it was incorporated or formed under the law of that state; or

(b) its central management and control is exercised in that state. (4) A company, legal person or association shall not be regarded as having

its seat in a Regulation State other than Gibraltar if

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(a) it has its seat in Gibraltar by virtue of sub-paragraph (2)(a); or

(b) it is shown that the courts of that other state would not regard

it for the purposes of Article 22(2) as having its seat there. Persons deemed to be domiciled in Gibraltar for certain purposes

(section 27). 10.(1) This paragraph applies to

(a) proceedings within Section 3 of Chapter II of the Regulation

(insurance contracts); (b) proceedings within Section 4 of Chapter II of the Regulation

(consumer contracts); and (c) proceedings within Section 5 of Chapter II of the Regulation

(employment contracts). (2) A person who, for the purposes of proceedings to which this paragraph

applies arising out of the operations of a branch, agency or other

establishment in Gibraltar, is deemed for the purposes of the Regulation to

be domiciled in Gibraltar by virtue of

(a) Article 11(2) (insurers); or

(b) Article 17(2) (suppliers of goods, services or credit to

consumers); or

(c) Article 20(2) (employers), shall, for the purposes of those proceedings, be treated as so domiciled. Domicile of trusts (section 28). 11.(1) The following provisions of this paragraph determine for the

purposes of the Regulation where a trust is domiciled. (2) A trust is domiciled in Gibraltar if and only if the system of law of

Gibraltar is the system of law with which the trust has its closest and most

real connection.

PART II

AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

Interpretation.

12. In this Part, references to authentic instruments and court settlements are

references to those instruments and settlements referred to in Chapter IV of

the Regulation.

Application to authentic instruments and court settlements.

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13.(1) Subject to the modifications specified in paragraph (2), paragraphs 1,

2 and 5 shall apply, as appropriate to authentic instruments and court

settlements as if they were judgments.

(2) In the application of paragraph 2(2) to authentic instruments and court

settlements, for the words “as if the judgment had been originally given”

there shall be substituted “as if it was a judgment which had been originally

given”.

(4) Paragraph 7 shall apply to authentic instruments as if they were

judgments and in its application for subparagraph (1)(b) there shall be

substituted the following–

“(b) a certificate obtained in accordance with Articles 58 and

60 and Annex II shall be evidence that the authentic

instrument is enforceable in the Regulation State of

origin.”.

(5) Paragraph 7(1) shall apply to court settlements as if they were

judgments and in its application for “Article 53 and Annex I” there shall be

substituted “Article 60 and Annex II”.

Rules of Court.

14. Section 32 (matters for which rules of court may provide) will apply to

authentic instruments and court settlements as if they were judgments to

which the Regulation applies.

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SCHEDULE 11

Section 38A

APPLICATION OF REGULATION 2201/2003

Jurisdiction and the recognition and enforcement of judgments in

matrimonial and parental responsibility matters.

Interpretation.

1. In this Schedule, words defined in Regulation 2201/2003 have the same

meaning.

Central authority for Gibraltar.

2. The Minister responsible for justice shall be the central authority in

Gibraltar for the purposes of Article 53 of Regulation 2201/2003.

Recognition and enforcement of judgments.

3.(1) The Supreme Court–

(a) may, for the purposes of Chapter III of Regulation 2201/2003,

make an order that a judgment of a court in a Regulation State

is recognised, or not recognised, in Gibraltar;

(b) may, for the purposes of Article 28(1) of Regulation

2201/2003, make an order declaring that a judgment on the

exercise of parental responsibility of a court in a Regulation

State is enforceable in Gibraltar;

Regulation 2201/2003.

(2) Where a judgment has been recognised or declared enforceable under

subsection (1)(a) or (1)(b), any court in Gibraltar shall have the same powers

for the purpose of enforcing the judgment as if the judgment had been made

by the Supreme Court and, subject to Regulation 2201/2003, proceedings

for or with respect to enforcement may be taken accordingly.

(3) For the purposes of Article 37(1)(a) of Regulation 2201/2003 a copy

of a judgment shall be considered authentic unless the contrary is shown.

Rules of Court.

4. The Chief Justice may make rules of court to give effect to this Schedule,

in particular in relation to the form and manner in which judgments may be

recognised, and applications under Regulation 2201/2003 are made.

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