Scope Of The Convention On Jurisdiction And The Enforcement Of Judgments In Civil And Commercial Matters, Closed In Lugano On 16 September 1988

Original Language Title: Geltungsbereich des Übereinkommens über die gerichtliche Zuständigkeit und die Vollstreckung gerichtlicher Entscheidungen in Zivil- und Handelssachen, geschlossen in Lugano am 16. September 1988

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32. Revelation of the Federal Chancellor concerning the scope of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, closed in Lugano on 16 September 1988

According to the Swiss Federal Council's communication, Finland 1 on 29 September 2009, the following Declaration on the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, closed in Lugano on 16 September 1988 (BGBl. No 448/1996, last proclamation of the BGBl area. III No 126/2001):

" Art. Article 3 (2) of the Lugano Convention contains a list of different provisions which are not applicable, in particular, to defendants domicated in other Contracting States. In accordance with the fifteenth indent in Finland, Chapter 10, Section 1, sentences 2, 3 and 4 of the Code of Civil Procedure (oikeudenkäymiskaari/rättegångsBar) will not be applied.

According to Chapter 10, Section 1 of the Code of Civil Procedure, a person who does not have a residence in Finland is summoned to the court of residence or where it is in possession of a property.

If a Finnish citizen is resident abroad, he/she can also be summoned to the court of the place where he/she last had a residence in Finland. A citizen of a foreign State who has no place of residence and residence in Finland may, in the absence of separate provisions relating to the citizens of that State, be able to take part in the court of the place in Finland where he/she has his/her stay or where he/she has land, loaded.

The provisions in Chapter 10 on jurisdiction have been revised in Law 135/2009 on the amendment of the Code of Civil Procedure. The previously mentioned law came into force on 1 September 2009. In the revised Chapter 10, the congruent legislation for the sentences referred to in the fifteenth indent of Article 3 (2) of the Lugano Convention is to be found in Section 18 (1), paragraphs 1 and 2. In accordance with the above-mentioned paragraphs, if otherwise no court would have jurisdiction in this matter, a case relating to a claim for damages against a natural person by the local court in charge of the place at which the If the defendant had his or her current or last residence or habitual residence, and if the defendant had to pay a certain amount of money, the defendant may be responsible for the place where the defendant has a confestive property. National Court of Appeal.

On the basis of the amendments mentioned above, the fifteenth indent of Article 3 (2) of the Lugano Convention should be amended and read as follows:

In Finnish:

"-

Suomessa: oikeudenkäymiskaaren 10 luvun 18 §: n 1 momentin 1 ja 2 kohtaa ";

In Swedish:

"-

i Finland: 10 kap. 18 § 1 mom. 1 och 2 points i rättegångsBars ";

In English:

"-

in Finland: paragraphs 1 and 2 of Section 18 (1) of Chapter 10 of the Code of Judicial Procedure (oikeudenkäymiskaari/rättegångsBAR) "."

Faymann