Order On Application Of Law On The Brussels I Regulation Etc. On The Convention Of 30 October 2007 On Jurisdiction And The Recognition And Enforcement Of Judgments In Civil And Commercial Matters (The Lugano Convention)

Original Language Title: Bekendtgørelse om anvendelse af lov om Bruxelles I-forordningen m.v. på konventionen af 30. oktober 2007 om retternes kompetence og om anerkendelse og fuldbyrdelse af retsafgørelser på det civil- og handelsretlige område (Luganokonventionen)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=129141

Overview (table of contents)

Annex
The full text
notice on the application of law on the Brussels I Regulation etc. on the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Lugano Convention) || | Pursuant to § 9 paragraph. 1 and 3 of Law no. 1563 of 20 December 2006 on the Brussels I Regulation etc. are fixed:
§ 1. Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and to the Convention protocols etc., see. Annex to this Order shall apply in this country, and the Act on Brussels I regulation, etc. shall apply to matters covered by the Convention, see. however paragraph. 2.
PCS. 2. In § 2 and § 8 of the Act on the Brussels I Regulation etc., this Convention shall supersede the Brussels I Regulation, and in Act § 5 Convention shall enter state rather than EU Member State.
§ 2. A certificate after the Convention Article 54 concerning enforcement of judgments issued in this country of the court which issued the decision.
PCS. 2. A certificate after the Convention Article 58 on their enforcement issued in the country of the court that the settlement is signed.
PCS. 3. The attestation of the Convention Article 57. 4, concerning the enforcement of authentic instruments issued in the country of the authority has confirmed the document.
§ 3. This Order shall enter into force on 1 January 2010 and from that date effect as regards Denmark, the European Union and Norway.
§ 4. The Order does not apply to the Faroe Islands and Greenland.
Justice, December 10, 2009
Brian Mikkelsen
/ Lars Hjortnæs
Annex
convention
[On jurisdiction and] 1) recognition and enforcement of judgments in civil and commercial matters
PREAMBLE
THE HIGH CONTRACTING PARTIES TO THIS CONVENTION
In EFFORTS OF within their territory to strengthen the legal protection of persons therein,
CONSIDERING that this end it is necessary to establish their international jurisdiction 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 that in the economic field have found expression in the free trade agreements concluded between the European Economic Community and the States that are members of the European Free Trade Association,
TAKING INTO ACCOUNT:


- Brussels Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, as amended by the Accession Conventions under the successive enlargements of the European Union,
- The Lugano Convention of 16 September 1988 on jurisdiction and the enforcement of judgments in civil and commercial matters, whereby the provisions of the Brussels Convention of 1968 expanded to include certain Member States of the European Free Trade Association
- Council Regulation (EC) no. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which has replaced the abovementioned Brussels Convention,
- Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed in Brussels on 19 October 2005

In PERSUADED that the extension of the said Regulation (EC) no. 44/2001 to include the Contracting Parties to this instrument will strengthen cooperation in the legal and economic cooperation,
Desiring to ensure as uniform an interpretation as possible of this document
in this spirit DECIDED to conclude this Convention and
HAVE AGREED AS FOLLOWS:
TITLE I
SCOPE
Article 1
1. This Convention shall apply in civil and commercial matters whatever the court or tribunal. It includes, in particular, to revenue, customs or administrative matters.
2. This Convention shall not apply to:


A) natural persons, legal status or legal capacity, property relations between spouses and succession, wills

b) bankruptcy, compositions and analogous
c) social security
d) arbitration.

3. For the purposes of this Convention "Convention State" means any State which is a Contracting Party to this Convention or a Member State of the European Community. It may also mean the European Community.
TITLE II
POWERS
SECTION 1
General provisions
Article 2
1. Subject to the provisions of this Convention, persons domiciled in a Convention State shall, whatever their nationality, be sued in the courts of that State.
2. Persons who are not nationals of the State in which they reside, are subject to the rules of jurisdiction applicable to nationals.
Article 3
1. Persons domiciled in a State outside the Convention, may be sued in the courts of another State Party in accordance with the rules set out in Sections 2-7 of this chapter.
2. In particular the provisions of Annex I shall not be applicable as against them.
Article 4
1. If the defendant is not domiciled in a Convention State, the jurisdiction of each State Party by its own legislation, without prejudice to the provisions of Articles 22 and 23
2. As against such a defendant not domiciled in a State outside the Convention, any person domiciled in a State outside the Convention, whatever his nationality, similar to its own nationals may rely on exorbitant rules apply, in particular the rules listed in Annex I.
SECTION 2
Special jurisdiction
Article 5
A person domiciled in a Convention State may be sued in another State Party:


1) a) in matters relating to a contract, in the courts for the place where the obligation which is or should be performed
b) the application of this provision and unless otherwise agreed, the place of performance of the obligation underlying the case:
- The sale of goods, the place in a State Party, where the goods under the contract were delivered or should have been delivered
- The supply of services, the place in a Convention State in which the services under the contract were delivered or should have been delivered
c) if subparagraph b) does not apply, then point a) use
2) in matters relating to maintenance,
a) in the courts for the place where the creditor is domiciled or habitually resident or
b) requirements for a case of a person's legal status, in the court which according to its own law in the proceedings, unless that jurisdiction is based solely on the nationality of the parties or
c) requirements in relation to a case concerning parental responsibility, in the court which according to its own law in the proceedings, unless that jurisdiction is based solely on the nationality of the parties
3) matters relating to tort, the court in the place where the harmful event occurred or may occur
4) in cases in which the claim for damages or restoration of a previous state in connection with a criminal offense in the court where criminal proceedings are brought if this right under its own law to entertain civil proceedings
5) in cases concerning the operations of a branch, agency or other establishment, in the courts for the place where the company is located
6) in his capacity as founder of a trust, trustee or beneficiary of a trust created either by law or in writing or by an oral agreement confirmed in writing, the courts of the State Party, in which the trust is domiciled || | 7) in a dispute concerning the payment of the reward that required for recovery, which is a cargo or freight, in the court with jurisdiction in the cargo or in the related cargo:
a) has been arrested to secure such payment, or
b) could have been so arrested, but has been given bail or other security

This provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or that he at time of salvage operations such rights.
Article 6
A person domiciled in a Convention State may also be sued:



1) where there are several defendants, in the courts for the place where one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid irreconcilable judgments that the claims were determined separately and
2) when there is a claim against the warranty or, in the court in which the original proceedings, unless these were brought to removing him from the jurisdiction of the court which would be competent in his case
3) when there is a counter-claim arising from the same contract or the same facts on which the 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 a case of real property rights against the same defendant, the court in the State in which the property is located.

Article 7
If a court of a State Party under this Convention has jurisdiction in actions relating to liability from the use or operation of a ship, that court, or any court, which according to the internal law of the Member State shall enter into instead of the former law should also have jurisdiction over claims for limitation of such liability.
SECTION 3
Jurisdiction in insurance matters
Article 8
In matters relating to insurance, jurisdiction under this Section, without. However, Article 4 and Article 5. 5.
Article 9
1. An insurer domiciled in a Convention State may be sued:


A) in the courts of the State in whose territory he resides, or
b) in another State Party, in the case of actions brought by the policyholder, the insured or a beneficiary, in the courts for the place where the plaintiff is domiciled or
c) if he is a co-insurer, in the court in a State Party, in which proceedings are brought against the leading insurer.

2. An insurer who is not domiciled in a State outside the Convention but has a branch, agency or other establishment in one of the Convention States, in disputes relating to the operations of the company as resident in that State.
Article 10
In respect of liability insurance or insurance of immovable property, the insurer may also 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 is subject to the same claim.
Article 11
1. In respect of liability insurance, the insurer may also be sued in the court where the injured party has brought against the insured, if the law of the court permits it.
2. Articles 8, 9 and 10 shall apply in cases where the injured party brings an action directly against the insurer, if there is such direct action.
3. If the law governing such direct actions provides that the policyholder or the insured in the case, the same court shall have jurisdiction over them.
Article 12
1. An insurer may bring proceedings only in the courts of the State in which the defendant is domiciled irrespective of whether he is the policyholder, the insured or beneficiary, see. However, Article 11. 3.
2. This section shall not affect the right to bring a counter-claim in the court hearing the main claim in accordance with this Section.
Article 13
This fund can only be waived by an agreement on jurisdiction:


1) which is entered into after the dispute has arisen, or
2) which allows the policyholder, the insured or a beneficiary to bring proceedings in courts other than those listed in this Section or
3) which is concluded between a policyholder and an insurer, as at the time of conclusion of the contract domiciled or habitually resident in the same Convention State, with the aim that the courts of that State are to have jurisdiction even where that damage occurred abroad, provided that such an agreement conferring jurisdiction is not to the law of that State, or
4) which is concluded with a policyholder who is not domiciled in a Convention State, unless it is a compulsory insurance or insurance of immovable property, which is located in a State outside the Convention, or
5) related to an insurance contract covering one or more of those listed in Article 14 risks.

Article 14

They in Article 13. 5, the risks referred to are:


1) any damage:
a) seagoing ships, on offshore installations and facilities at sea or on aircraft, caused by events occurring in connection with the use or operation of these ships, installations and aircraft
b) goods in transit other than passengers' baggage where the transit consists of or includes carriage by such ships or aircraft
2) any liability, other than liability for bodily injury to passengers or damage to their baggage:
a) arising from the use or operation of ships, installations or aircraft under paragraph. 1, point a), with regard to the latter only in so far as the law of the State Party, in which such aircraft are registered does not prohibit agreements on jurisdiction regarding insurance of such risks
b) for damage caused by goods in transit as described in paragraph. 1 point b)
3) any financial loss connected with the use or operation of ships, installations or aircraft under paragraph. 1, point a), in particular loss of freight or charter-hire
4) any risks associated with any of the paragraph. 1-3 mentioned risks
5) Notwithstanding paragraph. 1-4, all large risks.

SECTION 4
Jurisdiction over consumer contracts
Article 15
1. In cases involving agreements concluded by a person (the consumer) for a purpose which can be regarded as being outside his trade or profession, jurisdiction shall be determined by this Section, see. However, Article 4 and Article 5. 5:


A) a contract for the sale of goods, repayable in installments or
b) a contract for a loan repayable by installments, or other form of credit intended to finance the purchase of such items, or
c) in all other cases, the contract is concluded with a person engaged in business activity in the State in which the consumer resides, or by any means, directs such activities to that State or to several States including that State and the agreement covered by the undertaking.

2. Where a consumer enters not domiciled in a State outside the Convention but has a branch, agency or other establishment in one of the Convention States, in disputes relating to the operations of the company as resident in that State.
3. This section shall not apply to contracts of carriage other than a contract which, for an inclusive price, provides for a combination of travel and accommodation.
Article 16
1. Cases in which a consumer may bring proceedings against the other party can be brought either in the courts of the State Party, the party is domiciled or in the courts for the place where the consumer is domiciled.
2. Proceedings may be brought against a consumer by the other party, may only be brought in the courts of the State in which the consumer resides.
3. This article shall not affect the right to bring a counter-claim in the court hearing the main claim in accordance with this Section.
Article 17
This fund can only be waived by an agreement on jurisdiction:


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) concluded between the consumer and the contractor, who at the time of conclusion of the contract domiciled or habitually resident in the same Convention State, and which confers the courts of that State, provided that such an agreement conferring jurisdiction is not permitted by the law of the State.

SECTION 5
Jurisdiction over individual contracts of employment
Article 18
1. In matters relating to individual contracts of employment, jurisdiction under this Section, without. However, Article 4 and Article 5. 5.
2. If the employer is not domiciled in a State outside the Convention but has a branch, agency or other establishment in one of the Convention States, in disputes relating to the operations of the company as resident in that State.
Article 19
An employer domiciled in a Convention State may be sued:


1) in the courts of the State in whose territory he resides, or
2) in another State Party:

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

Article 20
1. An employer may bring proceedings only in the courts of the State in which the employee is domiciled.
2. This section shall not affect the right to bring a counter-claim in the court hearing the main claim in accordance with this Section.
Article 21
This fund can only be waived by an agreement on jurisdiction:


1) which is entered into after the dispute has arisen, or
2) which allows the employee to bring proceedings in courts other than those indicated in this Section.

SECTION 6
Exclusive jurisdiction
Article 22
Jurisdiction, regardless of domicile:







1)


in the matter of rights in immovable property and tenancies of immovable property, the courts of the State in which the property is located.





In matters relating to tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, however, the courts of the State in which the defendant is domiciled have jurisdiction, provided that the tenant is a natural person and that the landlord and the tenant are domiciled in the same Convention State



2)


as regards the validity, nullity or dissolution of companies or other legal persons having their seat in a State outside the Convention, or the validity of the decisions of their organs, the courts of that State Party. In order to determine that seat, the court shall apply the private international law rules that apply to the



3)


in cases concerning the validity of entries in public registers, the courts of the State in which the register kept



4)


in the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, irrespective of whether the issue is raised by way of an action or as a defense, the courts of the State Party in whose territory the requested deposit or registration or where the deposit or registration has been made or a Community instrument or an international convention deemed to have been made.





Subject to the jurisdiction under the Convention on the Grant of European Patents, signed in Munich on 5 October 1973, vested in the European Patent Office, the courts of each State Party, regardless of domicile exclusive competence as regards the registration and validity of a European patent granted for that State irrespective of whether the issue is raised by way of an action or as a defense



5)


in matters relating to enforcement of judgments, the courts of the State Party in whose territory the enforcement is situated.






SECTION 7
Prorogation of jurisdiction
Article 23
1. If the parties, one or more of whom is domiciled in a Convention State, have agreed that a court or the courts of a State Party shall be jurisdiction to have arisen disputes or may arise in connection with a particular legal relationship, that court or those courts shall have jurisdiction. Unless the parties have agreed otherwise, that court or those courts exclusive jurisdiction. Such an agreement conferring jurisdiction shall be either:



A) in writing or evidenced in writing, or
b) in a form that is consistent with practices which the parties have established between themselves, or
c) in international commerce, in a form that is consistent with a usage of which the parties are or ought to be aware and which in such trade is widely known and regularly observed by parties to the agreements of the same type within the the commercial industry.

2. 'writing' Any communication by electronic which provides a durable record of the agreement conferring jurisdiction.
3. If an agreement conferring jurisdiction is concluded by parties, none of whom is domiciled in a State outside the Convention, the courts of the other Convention States have no jurisdiction over their disputes unless the court or courts chosen have declined jurisdiction.
4. The court or courts of a State Party, which has conferred jurisdiction according to a document on the establishment of a trust shall have exclusive jurisdiction in proceedings against a settler of a trust, trustee or by a trust beneficiary, if it comes the relationship between these persons or their rights or obligations under the trust are involved.
5. Prorogation of jurisdiction as well as the corresponding provisions of a document establishing a trust are invalid if they are contrary to Articles 13, 17 and 21 or exclude the jurisdiction of the courts which under Article 22 are competent.
Article 24
As a court of a State Party does not already has jurisdiction pursuant to other provisions of this Convention, the jurisdiction where the defendant enters an appearance. This rule shall not apply where appearance was entered to contest the jurisdiction, or where another court under Article 22 has exclusive jurisdiction.
SECTION 8
Examination as to jurisdiction and admissibility
Article 25
A court of a State Party, for which as the principal brought proceedings in which under Article 22 fall within one in another Convention State have exclusive jurisdiction must declare of jurisdiction.
Article 26
1. If a person domiciled in a Convention State is sued in a court of another State Party, but fails to appear, declaring the court shall no jurisdiction if it is not competent under the provisions of this Convention.
2. The court shall stay the proceedings until it is 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 defense, or that all necessary steps have been taken.
3. Article 15 of the Hague Convention of 15 November 1965 on the service abroad of judicial and extrajudicial documents in civil and commercial matters used instead of paragraphs. 2 if the document instituting the proceedings or an equivalent document had to be transmitted pursuant to that Convention.
4. Member States of the European Community, which is covered by Council Regulation (EC) no. 1348/2000 of 29 May 2000 or the Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters signed in Brussels on 19 October 2005 shall apply in their mutual relations the provision in Article 19, if the document instituting the proceedings or an equivalent document had to be transmitted pursuant to that Regulation or agreement.
SECTION 9
Lis pendens and related actions
Article 27
1. Where proceedings involving the same cause of action and on the same basis, be made between the same parties in the courts of different Convention States, any court other than the court first seised ex officio proceedings until such time as the jurisdiction is established.
2. When it is determined that the jurisdiction of the court first seised has jurisdiction declares any court to decline jurisdiction in favor of the first.
Article 28
1. Where related actions, actions are pending in the courts of different Convention States, any court other than the court first seised may stay proceedings.
2. Where these actions are pending at first instance, any court other than the court first seised may also, on the request of the parties, decline jurisdiction if the court, the court first seised has jurisdiction to hear the question and its law permits the consolidation thereof.

3. For the purposes of this Article, actions are so closely connected that it is expedient to hear and determine them together to avoid irreconcilable judgments that the requirements were resulting from separate proceedings.
Article 29
Where actions fall under several courts exclusive jurisdiction, any court other than the court first seised shall decline jurisdiction in favor of that court.
Article 30
For purposes of this section, a case is brought before a court:


1) at the time when the document instituting the proceedings or an equivalent document lodged with the court, provided that the plaintiff has not subsequently failed to take the steps he was required to have service effected on the defendant; | || 2) if the document instituting the proceedings or an equivalent document to be served before being lodged with the court, at the time when it is received by the authority responsible for service, provided that the plaintiff has not subsequently failed to take the steps that he was required to have the document lodged with the court.

SECTION 10
Provisional, including protective, measures
Article 31
Application may be made for a Convention State judicial authorities asked for such provisional, including protective, measures laid down in the law of that State, even though a court of another State Party under this Convention has jurisdiction to hear the matter.
TITLE III
RECOGNITION AND ENFORCEMENT
Article 32
In this Convention, 'judgment' means any judgment given by a court of a State Party, howsoever called, including a decree, order or writ of execution, including the taxation of costs, as carried out by an officer of the court.
SECTION 1
recognition
Article 33
1. A judgment given in a State Party, recognized in the other Convention States, without requiring any special procedure.
2. Best Rides recognition, an interested party, which is principally relies on recognition, in accordance with Sections 2 and 3 of this chapter, a declaration that the judgment be recognized.
3. Where the recognition is raised as an incidental question in a court of a State Party, and the recognition has relevance to the decision, that court has jurisdiction to decide the question of recognition.
Article 34
A judgment shall not be recognized:


1) if such recognition is manifestly contrary to the public policy of the State requested
2) if the document instituting the proceedings or an equivalent document has not been served on the defendant in sufficient time and in such a way that he has to arrange for his defense, unless the defendant failed to commence proceedings to challenge the judgment when it was possible to make it
3) if it is irreconcilable with a judgment given between the same parties in the State requested
4) if it is irreconcilable with a decision taken previously in another State Party or in a third country between the same parties in a dispute involving the same cause of action and on the same basis, and that the earlier judgment fulfills the conditions necessary for recognition in the Member State addressed.

Article 35
1. A judgment shall not be recognized if it conflicts with Chapter II, Sections 3, 4 and 6, breach, or in a case covered by Article 68. Furthermore, recognition of a judgment is inadmissible in Article 64, paragraph . 3, and Article 67. 4 cases provided.
2. In its examination of the preceding paragraph of jurisdiction is the authority requested, bound by the findings of fact on which the court of origin based its jurisdiction.
3. The jurisdiction of the court of origin may not be reviewed, see. However paragraph. 1. in Article 34. 1, referred to audits related public policy can not be made by the rules of jurisdiction.
Article 36
The foreign judgment may in no circumstances be reviewed as to its substance.
Article 37

1. which recognition is sought of a decision taken in a State Party, before a court in another State Party, may stay the proceedings if the decision has been challenged by ordinary appeal.
2. Where recognition of a decision taken in Ireland or the United Kingdom, applicable in a court of another State Party, may stay the proceedings if enforcement is suspended in the State by launching an appeal.
SECTION 2
enforcement
Article 38
1. in a Convention State measures judgments which are enforceable in that State shall be enforced in another State Party, when requested by any interested party, it has been declared enforceable in the latter State.
2. In the United Kingdom, such a judgment shall be enforced in England and Wales, Scotland or Northern Ireland when, on the application of any interested party for enforcement has been registered in that part of the United Kingdom.
Article 39
1. The application shall be submitted to the court or competent authority listed in Annex II.
2. The local jurisdiction is determined by domicile of the party against whom enforcement is sought, or the place of enforcement.
Article 40
1. The procedure for making the application shall be governed by the law of the Member State in which recognition is sought.
2. The person making the request must give an address in the area of ​​jurisdiction of the court to which the application was lodged. If the law of the Member State in which enforcement is sought does not provide for such a choice of residence, the person making the request, appoint a representative ad litem.
3. The documents referred to in Article 53, attached to the request.
Article 41
A judgment shall be declared enforceable immediately in Article 53 formalities provided without any review under Articles 34 and 35. The party against whom enforcement is sought shall not at this stage of the proceedings comment.
Article 42
1. The decision taken on the application for a declaration of enforceability must be immediately and in the manner prescribed by the law of the Member State addressed, shall be notified the person who has made the request.
2. A ruling that a declaration of enforceability shall be served on the party against whom enforcement is sought, accompanied by the judgment, if not already served on that party.
Article 43
1. The decision taken on the application for a declaration of enforceability may be appealed by both parties.
2. The appeal is lodged with the court indicated in Annex III.
3. The appeal shall be treated in accordance with the rules of adversarial procedure.
4. If the party against whom enforcement is sought fails to appear before the court hearing an appeal filed by the person who made the request, Article 26, paragraph. 2-4, apply even where the party against whom enforcement is sought is not domiciled in a State outside the Convention.
5. A decision that a declaration of enforceability must be lodged within one month after it has been served. If the party against whom enforcement is sought is domiciled in another Convention State other than that in which the judgment has been declared enforceable, the deadline for appealing shall be two months and shall run from the date on which the declaration of enforceability has been served on the in person or at his residence. This deadline can not be extended because of the distance.
Article 44
The decision on the appeal may be contested only in accordance with Annex IV.
Article 45
1. The court hearing an appeal under Articles 43 or 44, may refuse to declare the judgment enforceable or revoke a declaration of enforceability of one of the Articles 34 and 35 reasons. It shall act as quickly as possible.
2. The foreign judgment may in no circumstances be reviewed as to its substance.
Article 46
1. The court hearing an appeal under Article 43 or 44 may, on application of the party against whom enforcement is sought, stay the proceedings if the foreign judgment in the State is challenged by ordinary appeal or if deadline for doing so has not yet expired; in the latter case, the court set a deadline for an appeal is lodged.

2. Where the judgment was given in Ireland or the United Kingdom, any form of appeal available in the Member State of origin as an ordinary appeal for the purposes of paragraphs. 1.
3. The court may also make enforcement conditional on the provision of such security as it shall determine.
Article 47
1. When a judgment must be recognized in this Convention, there is nothing to prevent the person who has made the request may take provisional, including protective, measures in use in accordance with the law of the Member State in which the request is addressed, without the need for a declaration of enforceability under Article 41.
2. The decision by which a declaration of enforceability provide for the protective measures.
3. As long as the in Article 43. 5, time allowed for appeal declaration of enforceability has not expired, and as long as there is no decision on the appeal is protective, measures the only possible legal action against the assets of the party against whom enforcement is sought.
Article 48
1. Where a foreign judgment has been given in respect of several matters and not all claims can be declared enforceable, the court or competent authority shall give one or more of them enforceable.
2. Any person who makes a request for a declaration of enforceability may request limited to parts of the judgment declared enforceable.
Article 49
Foreign judgment which provides for a penalty shall be enforceable in the Member State addressed, if the fine is finally determined by the courts of the State of origin.
Article 50
1. If the person who makes a request, in the State of complete or partial legal aid or exemption from costs and expenses shall be entitled, in the in this department established procedure of issuing legal aid or exemption from costs and expenses to the extent possible by law of the State in which enforcement is sought.
2. Any person who makes a request to a court decision handed down by an administrative authority in Denmark, Iceland or Norway relating to maintenance obligations, declaration of enforceability may, however, in the state requested, requiring in paragraph. 1 mentioned benefits if he presents a statement from the Danish, Icelandic or Norwegian Ministry of Justice with the aim of showing that he meets the economic criteria in order to be complete or partial legal aid or exemption from costs and expenses.
Article 51
It can not be imposed on the party in a Convention State applies for enforcement of a judgment given in another State Party, to provide security or deposit of any kind on the grounds that he is a foreigner or not domiciled or resident in country.
Article 52
No charge, duty or fee calculated by reference to the value, must in dealing with a request for a declaration of enforceability levied in the State in which enforcement is sought.
SECTION 3
Common provisions
Article 53
1. A party seeking recognition of a judicial decision or requests that a declaration of enforceability shall produce a copy of the judgment which satisfies the conditions necessary to establish its authenticity.
2. The Party which requests that a declaration of enforceability shall also produce the certificate referred to in Article 54, without. Prejudice to Article 55.
Article 54
The court or competent authority of a State Party, where a judgment was given shall issue, at the request of any interested party, a certificate using the standard form in Annex V to this Convention.
Article 55
1. If the foreseen in Article 54 certificate is not produced, the court or competent authority may specify a time for its production or accept an equivalent document or, if it considers that it has sufficient information before it, dispense with their production.
2. If the court or competent authority so requires, there must be a translation of the documents. The translation shall be certified by a person qualified to do so in one of the States bound.
Article 56
No legalization or similar formality with regard to the provisions of Article 53 and Article 55. 2, the said documents or any process proxies.
SECTION IV

AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS
Article 57
1. Authentic instruments issued and enforceable in a State Party, must be declared enforceable in another State Party in accordance with Article 38 and following established procedure. The court hearing an appeal under Articles 43 or 44, may refuse to declare an authentic instrument enforceable or revoke a declaration of enforceability only if enforcement of the authentic instrument is manifestly contrary to public policy in the Member which is sought.
2. As authentic instruments within paragraph. 1 also regarded agreements on maintenance obligations concluded with administrative authorities or authenticated by such an authority.
3. The instrument must be necessary to establish its authenticity meet the conditions imposed by the Member State of origin.
4. Chapter III, Section 3, shall apply mutatis mutandis. The competent authority of a State Party where an authentic instrument was issued at the request of any interested party, a certificate using the standard form in Annex VI to this Convention.
Article 58
A settlement which is approved by a court in 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. The court or competent authority of a State Party, where a judgment was given shall issue, at the request of any interested party, a certificate using the standard form in Annex V to this Convention.
TITLE V
GENERAL PROVISIONS
Article 59
1. In determining whether a party is domiciled in the State outside the Convention, the court seised, the court shall apply its internal law.
2. If a party is not domiciled in the State in which the action is brought, the court in determining whether the party is domiciled in another Convention State, apply the law of another State.
Article 60
1. Companies and other legal entities in the application of this Convention is domiciled at the place where they have:


A) statutory seat or
b) central administration or
c) principal place of business.

2. For the United Kingdom and Ireland 'statutory seat' 'registered office' or, if one does not exist anywhere, "place of incorporation" or, if one does not exist anywhere, the place under the law of which created.
3. In determining whether a trust is domiciled in the State outside the Convention, the court seised, the court shall apply the private international law rules that apply to it.
Article 61
Without prejudice to more favorable national provisions, persons domiciled in a State outside the Convention, who are being prosecuted for an intentional offense by in the criminal courts of another State Party in which they are not nationals, even when not persons qualified to perform defended by persons empowered to do so. The court hearing the case, may determine that the person will have to appear personally. Have personal appearance has not taken place, the other Convention States refuse to recognize or enforce the decision taken with regard to the civil action without the person concerned has had the opportunity to defend himself during the proceedings.
Article 62
In this Convention, the term 'court' means any authority designated by convention the state is designated as competent in matters covered by this Convention.
TITLE VI
TRANSITIONAL PROVISIONS
Article 63
1. This Convention shall apply only to legal proceedings instituted and 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 of the State in which enforcement is sought.
2. In proceedings instituted in the State of origin before this Convention, judgments given after its entry into force shall be recognized and enforced in accordance with Chapter III:


A) if the proceedings in the State of origin were instituted after the entry into force of the Lugano Convention of 16 September 1988 both in the State and the State to which the request is addressed to

b) in all other cases, if jurisdiction rules are in accordance with the rules laid down in Chapter II or in a convention that when the proceedings were instituted, was in force between the State and the State to which the request is addressed.

TITLE VII
RELATIONSHIP TO COUNCIL REGULATION (EC) NO. 44/2001 AND OTHER INSTRUMENTS
Article 64
1. This Convention shall not affect the European Community Member States the application of Council Regulation (EC) no. 44/2001 on jurisdiction and the enforcement of judgments in civil and commercial matters, with any amendments, of the Convention on Jurisdiction and the Enforcement of judgments in Civil and Commercial matters, signed in Brussels on 27 september 1968 and the Protocol on the European Court interpretation of that Convention, signed in Luxembourg on 3 June 1971, as amended by the Conventions on accession to this Convention and the Protocol by the States which acceded to the European Communities, as well as the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed in Brussels on 19 October 2005.
2. The present Convention shall be applied:


A) in matters of jurisdiction, where the defendant is domiciled in a State where this Convention but not one of those in paragraph. 1 of this Article acts apply, or if, in accordance with Article 22 or 23 of this Convention confer the courts of such a State
b) in matters of lis pendens or related actions as provided for in Articles 27 and 28, when proceedings are instituted in a State where this Convention but not one of those in paragraph. 1 above acts shall apply, and in a State where this Convention is applicable with any of the paragraph. 1 of this Article acts
c) in matters of recognition and enforcement, where either the State or the State addressed is not applying any of the paragraph. 1 of this article mentioned acts.

3. Recognition or enforcement may be in addition to in Chapter III above reasons, refused where the jurisdiction on the basis of which the judgment was given, is different from that resulting from this Convention and recognition or enforcement is sought against a party residing in a State where this Convention but not one of those in paragraph. 1 above acts shall apply, unless the judgment may otherwise be recognized or enforced under the law of the State addressed.
Article 65
Subject to the provisions of Article 63. 2 and Article 66 and 67 of this Convention shall, in respect of the Convention states, instead of the conventions concluded between two or more of them, covering the same matters to which this Convention applies. In particular, this Convention shall replace the indicated in Annex VII conventions.
Article 66
1. The conventions referred to in Article 65 shall continue to have effect in relation to matters to which this Convention does not apply.
2. They shall continue to have effect in respect of judgments taken, and authentic instruments issued before the Convention enters into force.
Article 67
1. This regulation2) does not affect conventions to which the Contracting States and / or Convention States are parties and to particular matters, govern jurisdiction or the recognition or enforcement of judgments. Without prejudice to obligations resulting from other agreements between certain Contracting Parties, this Convention shall not prevent Contracting Parties from entering into such conventions.
2. This Convention shall not prevent a court of a State Party, which is party to a convention on a particular matter from assuming jurisdiction in accordance with that convention, even where the defendant is domiciled in a State outside the Convention that is not a party to that convention. The court hearing the action, apply in any case Article 26
3. Judgments given in a State Party is taken by a court in the exercise of jurisdiction by virtue of a convention on a particular matter shall be recognized and enforced in the other Convention States in accordance with Chapter III of this Convention.

4. In addition to those in Chapter III foregoing reasons, recognition or enforcement is refused if the State addressed is not party to a convention on a particular matter, and if the person against whom recognition or enforcement, residing in that State, or if the State addressed is a Member State of the European Community, and in respect of conventions which require ratification by the European Community, one of the Member States, unless the judgment otherwise be recognized or enforced under the law of the State addressed.
5. If both the State and the State addressed are parties to a convention on a particular matter, which lays down conditions for the recognition and enforcement of judgments, those conditions shall apply. In any event, the provisions of this Convention which concern the procedure for recognition and enforcement of judgments may be applied.
Article 68
1. This Convention shall not affect agreements by which the States bound before this Convention undertook not to recognize judgments made in another State Party against a defendant domiciled or habitually resident in a third country where judgment in a case in the Brussels konventionens3) Article 4 could only be founded on a ground of jurisdiction specified in Article 3. 2. Without prejudice to obligations resulting from other agreements between certain Contracting Parties, this Convention shall not prevent Contracting Parties from entering into such conventions.
2. No Contracting State may, to a third State undertake not to recognize a judgment given in another State Party by a court having jurisdiction as a result of that, in this State of property belonging to the defendant, the plaintiff have made seizure by derværende goods


A) where declare proprietary or possessory rights in that property, seeks to obtain authority to dispose of it, or arises from another issue relating to such property, or
b) if the property pledged as security for a debt which is the subject of the application.

SECTION VIII
FINAL PROVISIONS
Article 69
1. The Convention is open for signature by the European Community, Denmark, and States which, when opened for signature, are members of the European Free Trade Association.
2. This Convention shall be ratified by signatory States. The instruments of ratification shall be deposited with the Swiss Federal Council, which acts as Depositary of this Convention.
3. At the time of ratification, the Contracting Parties may submit declarations in accordance with Articles I, II and III of Protocol. 1
4. The Convention shall enter into force on the first day of the sixth month following the date on which the European Community and a member of the European Free Trade Association deposit their instruments of ratification.
5. The Convention shall enter into force in relation to any other Party on the first day of the third month following the date on which that party deposits its instrument of ratification.
6. Subject to Article 3. 3 of Protocol no. 2, this Convention replaces, per. its entry into force in accordance with the preceding paragraph. 4 and 5 of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, signed in Lugano on 16 September 1988. Any reference to the Lugano Convention of 1988 other documents should be understood as a reference to this Convention.
7. With regard to the relationship between Member States of the European Community and in Article 70. 1, point b), the non-European territories this Convention replaces per. it enters into force with respect to these territories in accordance with Article 73. 2 Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, signed in Brussels on 27 September 1968 and the Protocol on the European Court interpretation of that Convention, signed in Luxembourg on 3 June 1971, as amended by the Conventions for accession to the said Convention and Protocol by the States which have acceded to the European Communities.
Article 70
1. After this Convention has entered into force, be open for accession by:



A) states that after the opening of this Convention for signature, become Members of the European Free Trade Association, under the conditions laid down in Article 71
b) Member States of the European Community acting on behalf of certain non-European territories that are part of that Member State's territory, or for whose external relations that Member State is responsible, under the conditions laid down in Article 71
c) any other State, under the conditions laid down in Article 72.

2. The paragraphs. 1 listed states wishing to become a party to this Convention, shall address their application to the Depositary. The application, including the information specified in Articles 71 and 72 shall be accompanied by a translation into English and French.
Article 71
1. Any State referred to Article 71. 1, point a) and b) wishing to become a party to this Convention


A) shall submit the information required for the application
b) may submit declarations in accordance with Articles I and III of Protocol. 1

2. The Depositary shall transmit any information received pursuant to paragraph. 1 to the other Contracting Parties prior to that State deposits its instrument of accession.
Article 72
1. Any State referred to Article 70. 1, point c) wishing to become a party to this Convention


A) shall submit the information required for the application
b) may submit declarations in accordance with Articles I and III of Protocol. 1 and
c) shall provide the Depositary with information on particular:
1) their judicial system, including information on the appointment of judges and their independence
2) their internal law concerning civil procedure and enforcement of judgments, and
3) their private international law relating to civil procedure.

2. The Depositary shall transmit any information received pursuant to paragraph. 1 to the other Contracting Parties prior to inviting the State concerned to accede in accordance with paragraph. 3 of this Article.
3. The Depositary shall invite the State concerned to accede only if the Contracting Parties have unanimously approved of it, see. However paragraph. 4. The Contracting Parties shall endeavor to give undertakings within one year after the invitation for accession.
4. The Convention shall enter into force only in relations between the acceding State and the Contracting States which are not opposed to the accession before the first day of the third month following the deposit of accession.
Article 73
1. accession shall be deposited with the Depositary.
2. In the case of an acceding State referred to in Article 70, the Convention shall enter into force on the first day of the third month following the deposit of accession. From then on, the acceding State shall be considered a Contracting Party to the Convention.
3. Any Contracting Party may submit to the Depositary a text of this Convention drawn up in the language or languages ​​that the Contracting Party concerned. Which shall be authentic if so agreed between the contracting parties in accordance with Article 4 of Protocol. 2.
Article 74
1. This Convention is concluded for an unlimited period.
2. Any Contracting Party may at any time denounce the Convention by sending a notification to.
3. The denunciation shall apply from the end of the calendar year following the expiration of a six-month period from the date on which the Depositary receives notification of withdrawal.
Article 75
The following documents are attached to this Convention:


- A protocol no. 1 on certain questions of jurisdiction, procedure and enforcement
- A Protocol. 2 on the uniform interpretation of the Convention and on the Standing Committee
- A Protocol. 3 on the application of Article 67 of this Convention
- Annexes I through IV and Annex VII, with information on the application of this Convention
- Annexes V and VI with Articles 54, 58 and 57 of this Convention certificates referred
- Annex VIII, containing the authentic languages ​​referred to in Article 79 of this Convention, and
- Annex IX, concerning the application of Article II of Protocol. 1

These protocols and annexes are an integral part of this Convention.
Article 76

Subject to Article 77, any Contracting Party may request revision of this Convention. For that purpose shall convene the Standing Committee as laid down in Article 4 of Protocol. 2.
Article 77
1. The Contracting Parties to the Depositary the text of any legal provision that changes the lists in Annexes I to IV, and any removal or addition to the list in Annex VII and the date of their entry into force. Such items must be submitted in good time before their entry into force and be accompanied by a translation into English and French. The Depositary shall adapt the Annexes concerned accordingly, when the Standing Committee has been consulted in accordance with Article 4 of Protocol. 2. For this purpose, the Contracting Parties shall provide a translation of the adaptations into their languages.
2. Any amendment of Annexes V through VI and VIII through IX to this Convention shall be adopted by the Standing Committee in accordance with Article 4 of Protocol. 2.
Article 78
1. The Depositary shall the Contracting Parties notify:


A) the deposit of each instrument of ratification or accession
b) the date of this Convention in respect of the Contracting Parties
c) any declaration received pursuant to Articles I to IV of Protocol. 1
d) any communication made pursuant to Article 74. 2, Article 77. 1 and paragraph. 4 of Protocol. 3.

2. The notifications will be accompanied by translations into English and French.
Article 79
This Convention, drawn up in one copy in the in Annex VIII languages, both texts being equally authentic, shall be deposited in the Swiss Federal Archives. The Swiss Federal Council shall transmit a certified copy to each of the Contracting Parties.
IN WITNESS WHEREOF the undersigned plenipotentiaries have signed this Convention.
Съставено в Лугано на тридесети октомври две хиляди и седма година.
Hecho en Lugano el treinta de octubre de dos mil siete.
V Luganu dne třicátého října dva Tisice sedm.
Done at Lugano, on the thirtieth of October two thousand and seven.
Geschehen zu Lugano am dreißigsten October zweitausendsieben.
Lugano, kolmekümnes oktoober kaks Tuhat seitse
Έγινε στο Λουγκάνο στις τριάντα Οκτωβρίου του έτους δύο χιλιάδες επτά.
Done at Lugano, on the thirtieth day of October in the year two thousand and seven.
Fait à Lugano, le trente octobre deux mille sept.
Arna dhéanamh in Lugano, an tríochadú lá the Dheireadh Fómhair sa bhliain DHA mhíle a Seacht.
Fatto a Lugano, Addi trenta ottobre duemilasette
Gerdur in Lugano þrítugasta day október mánaðar Arid TVO thusund and sjö.
Lugano, divi tūkstoši septītā gada trīsdesmitajā oktobrī.
Priimta Lugane you tûkstanèiai septintais metais spalio trisdeðimtà Diena.
Kelt Luganóban, a kétezer-hetedik év október havának harmincadik napján.
Magħmul f'Lugano, fit-tlettax-il jum ta 'Ottubru fis-sena elfejn u seba'.
Gedaan tea Lugano, up dertig October tweeduizend zeven.
Utferdiget in Lugano on trettiende October totusenogsyv.
Sporządzono w Lugano dnia trzydziestego października dwa tysiące siódmego roku
Feito em Lugano, aos Trinta dias de Outubro do ano de dois mil e neglected
Încheiatã la Lugano, la treizeci octombrie anul Doua mii Sapte.
V Lugane tridsiateho októbra dvetisícsedem.
Sestavljeno v Luganu, tridesetega oktobra leta dva tisoč sedem.
Tehty Luganossa kolmantenakymmenentenä päivänä lokakuuta vuonna kaksituhattaseitsemän.
Utfärdad in Lugano on trettionde Oct. years tjugohundrasju.
За Европейската общност
Por la Comunidad Europea
Za Evropské společenství
For the European Community
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Thar Ceann an Chomhphobail Eorpaigh
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Thar Ceann an Chomhphobail Eorpaigh
Per la Comunità europea
Europos bendrijos vārdā
az Európai Közösség részéről
Għall-Komunità EWROPEA
Voor de Europese Gemeenschap
W imieniu Europejskiej Wspólnoty
Pela Comunidade Europeia
Pentru Comunitatea Europeană
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta

At Europeiska gemenskapens vägnar

PROTOCOL. 1
on certain questions of jurisdiction, procedure and enforcement
THE HIGH CONTRACTING PARTIES HAVE AGREED AS FOLLOWS:
Article I
1. The judicial and extrajudicial documents drawn up within a State outside the Convention, which should be notified to or served on persons who find themselves in another Convention State, must be submitted in accordance with the procedures laid down in the conventions and agreements concluded between these states.
2. Unless the Contracting Party on whose territory service is to take place objects by declaration to the Depositary oppose this, these documents may also be sent by the appropriate public officers of the State in which the documents are drawn up directly to public officers in the State in which the addressee is to be found. In this case transmit the officer in the State a copy of the document to the officer of the State requested when the person is competent to forward it to the addressee. The document shall be in the manner prescribed in the law of the State in which enforcement is sought. Deposits made by a certificate sent directly to the officer of the State where the document is drawn up.
3. Member States of the European Community, which is bound by Council Regulation (EC) no. 1348/2000 of 29 May 2000 or the Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters signed in Brussels on 19 October 2005 shall apply in their mutual relations that Regulation and that agreement.
Article II
1. in Article 6. 2, and Article 11 in actions on the fulfillment of an obligation or other third party proceedings may not be fully resorted to in the Annex IX of the said Convention states. Anyone who resides in another Convention State may be sued in the courts of these States pursuant to in Annex IX rules.
2. At the time of ratification the European Community may declare that in Article 6. 2, and 11 may not be resorted to in some other Member States and provide information on the rules to be applied.
3. Judgments given in the other Convention States under Article 6. 2, and Article 11 shall be recognized and enforced in the States mentioned in paragraph. 1 and 2 in accordance with Chapter III. Any effects which judgments given in these States may have on third parties by application of the provisions of paragraphs. 1 and 2 shall also be recognized in the other Convention States.
Article III
1. Switzerland reserves the right, after ratification to declare that it will not apply the following part of the provision in Article 34. 2:
"Unless the defendant failed to commence proceedings to challenge the judgment when it was possible to do it '.
If Switzerland makes such declaration, the other contracting parties will apply the same reservation in respect of judgments rendered by the courts of Switzerland.
2. Contracting Parties may, in respect of judgments rendered in an acceding State referred to in Article 70. 1, point c), by declaration reserve:


A) in paragraph. 1 that court and
b) the right of an authority mentioned in Article 39, notwithstanding the provisions of Article 41, ex officio, to examine whether any of the grounds for refusal of recognition and enforcement of a judgment is present.

3. If a Contracting Party has made such a reservation towards an acceding State as defined in paragraph. 2, this acceding State may by declaration reserve the same right in respect of judgments rendered by the Contracting Party.
4. Except in the paragraph. 1 shall prejudice the declarations are valid for five years, renewable upon expiry. If the paragraph. 2, the renewal of a declaration, the contracting party not later than six months before the expiration of such period. An acceding State may only renew the declaration fremsati under paragraph. 3, after the corresponding declaration under paragraph. 2 is renewed.
Article IV

They mentioned in this Protocol declarations may at any time be withdrawn by notification to the Depositary. The notification shall be accompanied by a translation into English and French. The Contracting Parties provide for translations into their own language. The withdrawal takes effect from the first day of the third month after that notification.
PROTOCOL. 2
on the uniform interpretation of the Convention and on the Standing Committee
PREAMBLE
THE HIGH CONTRACTING PARTIES,
REFERRING to Article 75 of this Convention
CONSIDERING that there is a close link between this Convention, the Lugano Convention of 1988 and the acts listed in Article 64. 1, of this Convention,
CONSIDERING that the Court of Justice of the European Communities has jurisdiction to rule on the interpretation of the provisions of the acts listed in Article 64. 1, of this Convention,
CONSIDERING that this Convention will be included in the Community and Justice of the European Communities therefore has jurisdiction to rule on the interpretation of the provisions of this Convention, as regards its application by the courts of the European Community Member States | || WHO HAS KNOWLEDGE OF the judgments by the Court of the European Communities has taken on the interpretation of the acts listed in Article 64. 1, of this Convention until the date of signing of this Convention and to the judgments that the Contracting Parties shall have taken on the Lugano Convention of 1988, until the time of the signing of this Convention
CONSIDERING that the parallel revision of the Lugano Convention of 1988 and the Brussels Convention, which led to the conclusion of a revised version of these conventions were essentially based on the above judgments on the Brussels Convention of 1968 and Lugano Convention of 1988
CONSIDERING that the revised text of the Brussels Convention by the Amsterdam Treaty has been incorporated in Regulation (EC) no. 44/2001
CONSIDERING that this revised text also constituted the basis for the wording of this Convention
WHO, while fully recognizing the independence, WISHING to prevent divergent interpretations and to arrive at an interpretation as uniform as possible of the provisions of this Convention and in Regulation (EC) no. 44/2001, which essentially is busy of this Convention and of other instruments referred to in Article 64. 1, of this Convention
HAVE AGREED AS FOLLOWS:
Article 1
1. Any law which applies and interprets this Convention shall pay due regard to the principles assumed in any appropriate decision on the provisions in question or any similar provision in the Lugano Convention of 1988 and the acts mentioned in Article 64. 1, of this Convention rendered by the courts in the Convention States and the Court of Justice of the European Communities.
2. The paragraphs. 1 fixed duty shall apply to the courts of the European Community without prejudice to the obligations that they have of Justice of the European Communities under the Treaty establishing the European Community or the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed in Brussels on 19 October 2005.
Article 2
Any State Party which is not a member of the European Community, has the right to lodge statements or written observations to the Court in accordance with Article 23 of the Protocol on the Statute of the Court of Justice in cases where a court of a Member State of the European Community refers to a question of interpretation of this Convention or of the instruments referred to in this Convention Article 64. 1, to the ECJ for a preliminary ruling.
Article 3

1. The Commission of the European Communities must establish a system for exchanging information on relevant judgments delivered under this Convention and any relevant judicial decision under the Lugano Convention of 1988 and the acts listed in Article 64. 1, of this Convention. This system shall be accessible to the public and contain judgments delivered by courts of last instance and by the Court of Justice of the European Communities as well as judgments of particular importance which have become final and have been delivered pursuant to this Convention, the Lugano Convention of 1988 and the acts mentioned in Article 64. 1, of this Convention. The judgments shall be classified and provided with an abstract.
The system shall provide the Commission by the competent authorities in the Convention states have forwarded the above listed judgments rendered by the courts in those states.
2. A selection of cases of particular interest to the Convention proper use will be collected by the Registrar of the Court of Justice of the European Communities, who shall present the selected case law at the meeting of experts in accordance with Article 5 of this Protocol.
3. Until the European Communities have set up a system under paragraph. 1, the Court of the European Communities maintain the system for the exchange of information, which is established under the Protocol. 2 of the Lugano Convention of 1988, for judgments delivered under this Convention and the Lugano Convention of 1988.
Article 4
1. There shall be established a standing committee composed of representatives of the Contracting Parties.
2. On a contracting party's request, the Depositary of the Convention shall convene committee meetings for the following purposes:


- Discussion of the relationship between this Convention and other international instruments
- Discussion of the application of Article 67, including intended accessions to instruments on particular matters according to Article 67. 1, and proposed legislation according to Protocol. 3
- Discussion of new States. In particular, the Committee may ask acceding States referred to in Article 70. 1, point c) questions about their judicial systems and the implementation of the Convention. The Committee may also consider possible adaptations to the Convention, as may be necessary for its application in the acceding States
- Acceptance of new authentic language versions pursuant to Article 73. 3, of this Convention and the necessary amendments to Annex VIII
- Consultation on a revision of the Convention pursuant to Article 76
- Consultation on amendments to Annexes I through IV and Annex VII pursuant to Article 77. 1
- The adoption of amendments to Annexes V and VI pursuant to Article 77. 2
- A withdrawal of the reservations and declarations made by the Contracting Parties under the Protocol. 1 and necessary amendments to Annex IX.

3. The Committee shall establish rules of procedure for its functioning and decision-making. These rules shall possibility of a written procedure for consultation and decision making.
Article 5
1. The Depositary may, whenever necessary, a meeting of experts to discuss the functioning of the Convention, particularly regarding developments in case law and new legislation that may influence the application of the Convention.
2. This meeting shall be composed of experts from the Contracting Parties, the Convention States, the European Court and the European Free Trade Association. It would be open to any other experts whose presence is deemed appropriate.
3. Any problems arising in the application of the Convention may be referred to the Standing Committee referred to in Article 4 of this Protocol for further treatment.
PROTOCOL. 3
the application of Article 67
THE HIGH CONTRACTING PARTIES HAVE AGREED AS FOLLOWS:
1. For the purposes of the convention of the rules to the particular matters, govern jurisdiction or the recognition or enforcement of judgments and which are or will be contained in acts of the European Community institutions, in the same way as the conventions referred to in Article 67. First

2. If any provision of an act of a Community institution by a Contracting State considers incompatible with the Convention, considering the Contracting States immediately to change this in accordance with Article 76, without prejudice to the procedure established by Protocol # 2.
3. If one or more Contracting Parties together incorporate some or all of the provisions contained in acts of the European Community institutions referred to in paragraph. 1, in its own legislation, these national laws treated in the same way as the conventions referred to in Article 67. 1.
4. The Contracting Parties to the Depositary the text to in paragraph. 3 shall, accompanied by a translation into English and French.
ANNEX I
The rules of jurisdiction referred to in Article 3. 2, and Article 4. 2 of the Convention are:







-


Belgium: § 5-14 of the Act of 16 July 2004 on private international



-


Bulgaria: § 4, paragraph. 1 of the Act on Private International



-


in the Czech Republic: § 86 of Act no. 99/1963 Coll., Civil Procedure (občanský soudní řád), as amended



-


in Denmark: § 246, paragraph. 2 and 3 of the Civil Procedure Act (Act of Justice)



-


in Germany: § 23 of the Code of Civil Procedure (Zivilprozessordnung)



-


in Estonia: § 86 of the Civil Procedure Act (tsiviilkohtumenetluse seadustik)



-


Greece: § 40 of the Civil Procedure Act (Κώδικας Πολιτικής Δικονομίας)



-


France: § 14 and 15 of the Civil Code (Code civil)



-


in Iceland: § 32 paragraph. 4, Code of Civil Procedure (Lög um medferd einkamála no. 91/1991)



-


in Ireland: the rules of jurisdiction pursuant to a summons served on the defendant during his temporary presence in Ireland



-


in Italy: § 3 and 4 of Act no. 218 of 31 May 1995



-


in Cyprus: section 21 § 2 of the Act on court no. 14 of 1960, as amended



-


in Latvia: section 27 and paragraph. 3, 5, 6 and 9 of Chapter 28 of the Code of Civil Procedure (Civilprocesa likums)



-


Lithuania: § 31 of the Civil Procedure Act (Civilinio proceso kodeksas)



-


Luxembourg: § 14 and 15 of the Civil Code (Code civil)



-


in Hungary: § 57 of Legislative Decree no. 13 of 1979 on International Private Law (a Nemzetközi magánjogról szóló 1979. évi 13. törvényereju rendelet)




-


in Malta: § 742, 743 and 744 of the Code of Civil Procedure - Chapter 12 (Kodiċi ta 'Organizzazzjoni u Procedura Ċivili - Ch. 12) and § 549 of the Commercial Code - Chapter 13 (Kodiċi tal-kummerc - Ch. 13)



-


in Norway: Section 4-3 (2) second indent of the Dispute Act (dispute Act)



-


Austria: § 99 of the Law on court Jurisdiction (Jurisdiktionsnorm)



-


Poland: § 1103 and 1110 of the Code of Civil Procedure (Code postępowania Cywilnego) as far competence according to the basis of the defendant's residence in Poland, the defendant's possession of property in Poland or his property in Poland, the fact that the subject matter of the dispute is located in Poland, and the fact that one of the parties is a Polish citizen



-


in Portugal, § 65 and § 65A of Civil Procedure (Código de Processo Civil) and § 11 of the Code of Labour (Código de Processo de Trabalho),



-


Romania: § 148-157 of Act no. 105/1992 on private international law relations



-


Slovenia: § 48 paragraph. 2 of the Act on Private International Law and Procedure Act (Zakon o mednarodnem zasebnem pravu in postopku) concerning § 47 paragraph. 2 of the Civil Procedure Act (Zakon o pravdnem postopku) and § 58 of the Private International Law and Procedure Act (Zakon o mednarodnem zasebnem pravu in postopku) concerning § 59 of the Civil Procedure Act (Zakon o pravdnem postopku)



-


in Slovakia: § 37-37e of Law no. 97/1963 on private international law and procedural rules related



-


Switzerland: le for you lieu you Sequestre / Gerichtsstand des Arrestortes / foro del luogo del sequestro within the meaning of § 4 of the federal law le droit international privé / Bundesgesetz über das international Privatrecht / legge federale sul diritto internazionale privato



-


in Finland: the Administration of Justice Chapter 10, section 1. 1, second, third and fourth generation (oikeudenkäymiskaari / Judicial Procedure)



-


in Sweden: the Administration of Justice Chapter 10, section 3, paragraph. 1, first indent (Judicial Procedure)



-


in the United Kingdom:





provisions on jurisdiction under:





a)


a summons to the defendant, who are staying temporarily in the United Kingdom, or





b)


the defendant's possession of goods in the United Kingdom or





c)


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






ANNEX II

The courts or competent authorities to which they are covered by Article 39 may be submitted are:







-


in Belgium, the 'tribunal de première instance' or 'rechtbank van eerste aanleg' or 'erstinstanzliches Gericht'



-


in Bulgaria, "Софийски градски съд '



-


in the Czech Republic: 'okresní soud' or 'soudní exekutor'



-


in Denmark, "district court"



-


in Germany:





a)


President of the chamber of the 'Landgericht'





b)


a notary in cases where an authentic document declared enforceable



-


in Estonia, "maakohus' (county court)



-


in Greece: 'Μονομελές Πρωτοδικείο'



-


in Spain: 'Juzgado de Primera Instancia'



-


France:





a)


"Greffier a boss you tribunal de grande instance '





b)


"Président de la chambre départementale des notaires" in cases where an authentic notardokument declared enforceable



-


in Ireland, "High Court"



-


in Iceland: "Héraðsdómur '



-


in Italy, the 'Corte d'Appello'



-


in Cyprus: "Επαρχιακό Δικαστήριο 'or in the case of a judgment relating to maintenance obligations" Οικογενειακό Δικαστήριο'



-


in Latvia, "rajona (pilsētas) tiesa"



-


in Lithuania, "Lithuanian Court '



-


in Luxembourg: the president of the 'tribunal d'arrondissement'



-


in Hungary: "megyei bíróság székhelyén működő helyi bíróság 'and in Budapest» Budai Központi Kerületi Bíróság "



-



in Malta, the "Prim 'Awla tal-Civil Court' or 'Qorti tal-Magistrati ta' Ghawdex file gurisdizzjoni superjuri tagħha ', or in the case of a judgment relating to maintenance obligations" Registratur tal-Qorti "on transmission by the" Ministru responsabbli ghall- Ġustizzja '



-


in the Netherlands: 'voorzieningenrechter van de rechtbank'



-


in Norway: "District Court"



-


in Austria, the 'Bezirksgericht'



-


in Poland, "sąd okręgowy '



-


in Portugal: the 'Tribunal de Comarca'



-


in Romania: "Tribunal"



-


in Slovenia, "okrožno sodišče"



-


in Slovakia: "okresný súd"



-


Switzerland:





a)


in the case of judicial decisions concerning the fulfillment of monetary claims' juge de la mainlevée / Rechtsoeffnungsrichter / giudice competente a pronunciare sul rigetto dell 'opposizione', in accordance with § 80 and 81 of the federal law la pour suite pour its a la faillite / Bundesgesetz ueber Schuldbetreibung und Bankruptcy / legge federale sulla esecuzione e sul fallimento





b)


in the case of judgments, not related to the fulfillment of monetary claims 'juge cantonal d'exequatur "compétent / zustaendiger' kantonaler Vollstreckungsrichter '/' giudice cantonale" competente a pronunciare l'exequatur



-


in Finland: "käräjäoikeus / tingsrätt"



-


in Sweden: the 'Svea hovrätt'



-


in the United Kingdom:





a)


in England and Wales, the 'High Court of Justice', or in the case of a judgment on maintenance, "Magistrates 'Court' via the 'Secretary of State'





b)


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





c)


in Northern Ireland, "High Court of Justice ', or in the case of a judgment on maintenance," Magistrates' Court' via the 'Secretary of State'





d)



in Gibraltar, the 'Supreme Court of Gibraltar', or in the case of a judgment on maintenance, "Magistrates 'Court' via the 'Attorney General of Gibraltar'.






ANNEX III
The courts with which appeals against the Convention's Article 43. 2, are:







-


Belgium:





a)


'Tribunal de première instance' / 'rechtbank van eerste aanleg' / 'erstinstanzliches Gericht' appeal by the party against whom enforcement is sought





b)


'Cour d'appel' / 'hof van beroep', as regards appeal by the person who made the request



-


in Bulgaria, "Апелативен съд - София '



-


in the Czech Republic: the court of appeal on transmission by the District Court



-


in Denmark, "High Court"



-


in Germany, the 'Oberlandesgericht'



-


in Estonia, "ringkonnakohus'



-


in Greece: 'Εφετείο'



-


in Spain: 'Juzgado de Primera Instancia' which made the decision to be challenged, to the Audiencia Provincial can rule on the appeal



-


France:





a)


'Cour d'appel' on decisions allowing the application





b)


President of the 'tribunal de grande instance "on decisions rejecting the application



-


in Ireland, "High Court"



-


in Iceland: "Héraðsdómur '



-


in Italy, the 'Corte d'Appello'



-


in Cyprus: "Επαρχιακό Δικαστήριο 'or in the case of a judgment relating to maintenance obligations" Οικογενειακό Δικαστήριο'



-


in Latvia, "Apgabaltiesa 'via the' rajona (pilsētas) tiesa"



-


in Lithuania, "Lithuanian Court '



-



in Luxembourg: the 'Cour supérieure de justice' sitting as a court of civil



-


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



-


in Malta: the "Qorti ta 'l-Appell' in accordance with the procedure in the Kodiċi ta 'Organizzazzjoni u Procedura Ċivili - Kap. 12 or in the case of a judgment relating to maintenance of the 'citazzjoni' for 'Prim' Awla tal-Qorti ivili jew il-Qorti tal-Magistrati ta 'Ghawdex file gurisdizzjoni superjuri tagħha' '



-


in the Netherlands, the 'rechtbank'



-


in Norway: "lagmannsrett"



-


in Austria: 'Landesgericht' via the 'Bezirksgericht'



-


in Poland, "sąd Apelacyjny 'via the' sąd okręgowy '



-


in Portugal: 'Tribunal da Relação' is the competent court. The appeals are launched under the national legislation by submitting an appeal to the court whose decision is being appealed



-


in Romania: "Curte de Apel"



-


in Slovenia, "okrožno sodišče"



-


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



-


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



-


in Finland, the 'hovioikeus / hovrätt'



-


in Sweden: the 'Svea hovrätt'



-


in the United Kingdom:





a)


in England and Wales, the 'High Court of Justice', or in the case of a judgment on maintenance, "Magistrates' Court"





b)


in Scotland, "Court of Session", or in the event of a decision on maintenance obligations, 'Sheriff Court'





c)


in Northern Ireland, "High Court of Justice ', or in the case of a judgment on maintenance," Magistrates' Court "





d)


in Gibraltar, the 'Supreme Court of Gibraltar', or in the case of a judgment on maintenance, "Magistrates 'Court'.






ANNEX IV
The appeals under Article 44 of the Convention are the following:



- In Belgium, Greece, Spain, France, Italy, Luxembourg and the Netherlands, an appeal in cassation
- In Bulgaria: "обжалване пред Върховния касационен съд '
- In the Czech Republic: 'dovolání' and 'žaloba pro zmatečnost'
- In Denmark: an appeal to the "Supreme Court" by permission of "Procesbevillingsnævnet '
- In Germany: 'Rechtsbeschwerde'
- In Estonia: "kassatsioonkaebus'
- In Ireland: an appeal on a point of law to "Supreme Court"
- In Iceland: an appeal to the 'Hæstiréttur'
- In Cyprus, an appeal to the Supreme Court
- In Latvia, an appeal to the 'Augstākās tiesas Senate' by 'Apgabaltiesa'
- In Lithuania: an appeal to the 'Lietuvos Aukščiausiasis Teismas'
- In Hungary, "felülvizsgálati kérelem '
- In Malta, no further appeal lies to any other court; in connection with a court decision on maintenance obligations at the "Qorti ta 'l-Appell' procedure for appeals in the 'Kodiċi ta' Organizzazzjoni u Procedura Ċivili - Kap. 12 '
- In Norway: an appeal to 'Høyesterett'
- In Austria: 'Revisionsrekurs'
- In Poland, a 'skarga kasacyjna'
- In Portugal, an appeal on a point of law
- In Romania, a 'contestatie în anulare' or 'revizuire'
- In Slovenia, an appeal to 'Vrhovno sodišče Republike Slovenije'
- In Slovakia "dovolanie '
- In Switzerland, a 'recours devant le Tribunal fédéral' / 'Beschwerde beim BUNDESGERICHTSHOF' / 'ricorso davanti al Tribunale federale "
- In Finland, an appeal to the 'Korkein oikeus / högsta domstolen'
- In Sweden, an appeal to the 'Supreme Court'
- In the United Kingdom: a single further appeal on a point of law.

ANNEX V
Certificate on judgments and court settlements referred to in Articles 54 and 58 of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
1. Member State
2. Court or competent authority issuing the certificate
2.1. Name
2.2. address
2.3. Tel./fax/e-mail
3. Court which delivered the judgment / approved the court settlement is indgået4)
3.1. Court art
3.2. Place of court
4. Judgment / retsforliget4)
4.1. Date
4.2. File number
4.3. The judgment / court settlement parter4)
4.3.1. Applicant (s) name (s)
4.3.2. Defendant's name (s)
4.3.3. Any other parties' name (s)
4.4. Date of service of the document instituting the proceedings where judgment was given in default of appearance
4.5. The judgment / court settlement is attached to this attest4)
5. Names of parties who have been granted
Judgment / court settlement is enforceable (t) in the State (Convention Article 38 and 58) to: 4)
Name
Done at ..., ...
Signature and / or stamp ...
ANNEX VI
Certificate on authentic instruments referred to in Article 57. 4 of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
1. State
2. Competent authority issuing the certificate
2.1. Name
2.2. address
2.3. Tel./fax/e-mail
3. Authority which has given authenticity to the instrument
3.1. Authority which has been involved in the drawing up of the authentic instrument (if applicable)
3.1.1. Authority name and designation
3.1.2. Place of authority
3.2. Authority which has registered the authentic instrument (if applicable)
3.2.1. Type of authority
3.2.2. Place of authority
4. Authentic instrument
4.1. Description of the document
4.2. Date
4.2.1. The document is issued
4.2.2. For document registration (if different date)
4.3. File number
4.4. Document parties
4.4.1. Creditor's name
4.4.2. Debtor's name
5. The enforceable obligation of the extract output, which is annexed to this certificate.
The authentic instrument is enforceable against the debtor in the State (Article 57 paragraph. 1).
Done at ..., ...
Signature and / or stamp ...
ANNEX VII

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


- Treaty between Switzerland and Spain on the mutual enforcement of judgments in civil and commercial matters, signed in Madrid November 19, 1896
- The Convention between the Czechoslovak Republic and Switzerland on the recognition and enforcement of judgments with additional protocol, signed in Bern December 21, 1926
- Convention between the Swiss Confederation and the German Reich on the recognition and enforcement of judgments and arbitration awards, signed in Bern November 2, 1929
- The Convention between Denmark, Finland, Iceland, Norway and Sweden on the recognition and enforcement of judgments, signed at Copenhagen March 16, 1932
- The Convention between Switzerland and Italy on the recognition and enforcement of judgments, signed in Rome January 3, 1933
- The Convention between Sweden and Switzerland on the recognition and enforcement of judgments and arbitration awards, signed in Stockholm January 15, 1936
- The Convention between Switzerland and Belgium on the recognition and enforcement of judgments and arbitration awards, signed in Bern April 29, 1959
- The Convention between Austria and Switzerland on the recognition and enforcement of judgments, signed in Bern December 16, 1960
- The Convention between Norway and the United Kingdom for the reciprocal recognition and enforcement of judgments in civil matters, signed in London June 12, 1961
- The Convention between Norway and the Federal Republic of Germany on the recognition and enforcement of judgments and enforceable documents, in civil and commercial matters, signed in Oslo 17 June 1977
- The Convention between Denmark, Finland, Iceland, Norway and Sweden on the recognition and enforcement of judgments in civil matters, signed at Copenhagen on 11 October 1977
- The Convention between Norway and Austria on the recognition and enforcement of judgments in civil matters, signed at Vienna on 21 May 1984.

ANNEX VIII
The language referred to in the Convention Article 79 are: Bulgarian, Czech, Danish, English, Estonian, Finnish, French, Greek, Irish, Icelandic, Italian, Latvian, Lithuanian, Maltese, Dutch, Norwegian, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish, Czech, German and Hungarian.
ANNEX IX
The States and the rules referred to in Article II of Protocol. 1 are the following:


- Germany: § 68, 72, 73 and 74 of the Code of Civil Procedure (Zivilprozessordnung) concerning third-party notifications
- Austria: § 21 Code of Civil Procedure (Zivilprozessordnung) concerning third-party notifications
- Hungary: § 58-60 of the Civil Procedure Act (polgári perrendtartás) concerning third-party notifications
- Switzerland, with respect to those cantons whose applicable code of civil procedure does not provide for the jurisdiction referred to in Article 6. 2, and Article 11 of the Convention: the appropriate provisions concerning third-party notices (litis denuntiatio) of the applicable code of civil procedure.
Official notes
1) The deletion of the words 'on Jurisdiction and' must be regarded as an error in the Danish text of the Convention, so that these words rightfully be included in accordance with, inter alia, the English and French versions of the Convention.
2) The word 'regulation' must be considered an error in the Danish text of the Convention, so that rightfully should be "the Convention" in accordance with, inter alia, the English and French versions of the Convention.
3) The inclusion of the word 'Brussels Convention' must be considered an error in the Danish text of the Convention so that the word properly to be deleted in accordance with, inter alia, the English and French versions of the Convention.
4) Delete as appropriate.