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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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Table of Contents

Exhibit

Publication of the use of the Brussels I Regulation and so on, on the Convention of 30. October 2007 on jurisdiction and recognition and enforcement of judgments in the field of civil and commercial matters (Lugano Convention)

In accordance with section 9 (4), One and three, in the law. 1563 of 20. In December 2006 on the Brussels I Regulation, etc. shall be determined :

§ 1. The Convention of 30. October 2007, the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and the provisions of this Convention, etc., in accordance with the provisions of this Convention. the Annex to this Order shall apply in this country and the Brussels I Regulation and so on shall apply to cases covered by the Convention in accordance with the provisions of the Convention. however, paragraph 1 2.

Paragraph 2. In Section 2 and in Article 8 of the Brussels I Regulation, the Convention shall replace the Brussels I Regulation and in the section 5 of the law, replace the Convention State of the European Union, instead of the EU Member State.

§ 2. Attests of Article 54 of the Convention relating to the enforcement of judgments shall be issued in this country by the right which has taken the decision.

Paragraph 2. Attests of Article 58 of the Convention relating to the enforcement of the court settlement shall be issued in this country by the right to which the settlement has been concluded.

Paragraph 3. Attester, in accordance with Article 57 (3) of the Convention. 4, on the enforcement of officially certified documents, this country shall be issued in this country by the authority which has confirmed the document.

§ 3. The announcement shall enter into force on 1. In the case of Denmark, the European Union and Norway, this date shall take effect from the date of this date.

§ 4. The announcement does not apply to the Faroe Islands and Greenland.

Ministry of Justice, the 10th. December 2009Brian Mikkelsen / Lars Hjortnæs

Exhibit

Convention

[ on jurisdiction and ] 1) the recognition and enforcement of judicial decisions in civil and commercial matters ;

PREAMBLE

THE HIGH CONTRACTING PARTIES TO THIS CONVENTION SHALL HAVE

Within their territory, the protection of the legal protection of the resident persons shall be subject to the protection of the legal protection of the persons concerned.

UNDER THE CONTRAINING that it is necessary to establish, for this purpose, the international competence of their courts, to facilitate the recognition of court decisions and to introduce a rapid procedure to ensure the enforcement of such decisions, as well as of : authentic documents and legal settlement ;

IN THE ERCISION OF THE ACCENT OF THE ESTABLE ACTIALS IN THE PROTECTION PROTECTION PROTECTED PROTECTED PROTECTIONS OF THE COMMUNITY OF THE COMMUNITY AND THE MEMBER STATE OF THE COMMUNITY OF THE COMMUNITY

IN THE LIGHT OF :

-WHAT? Brussels Convention of 27. September 1968 on the jurisdiction and enforcement of judgments in civil matters, including trade matters, as amended by the accession conventions in the context of subsequent enlargements of the European Union,

-WHAT? The Lugano Convention of 16. September 1988 on the jurisdiction and enforcement of judgments in civil matters, including trade matters, thereby extending the application of the provisions of the Brussels Convention of 1968 to some Member States of the European Union. Free Trade Association,

-WHAT? Council Regulation (EC) No, 44/2001 of 22. In December 2000, the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters which have replaced the abovementioned Brussels Convention ;

-WHAT? the Agreement between the European Community and the Kingdom of Denmark on the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed in Brussels on 19. October 2005,

In the case of the TRANVISION, the extension of the aforementioned Regulation (EC) No 14320/20 (EC) No 20 44/2001 depreciated principles to the Contracting Parties to this instrument will strengthen cooperation in the legal and economic field,

In the name of the ECOFIN, to ensure that this document is as uniform as possible,

in this spirit of the VEDTAGET to conclude this Convention ; and

HAS BEEN AGREED ON THE FOLLOWING PROVISIONS :

SECTIONS IN

SCOPE OF APPLICATION

ARTICLE 1

1. This Convention shall apply to civil and commercial matters, regardless of the nature of the jurisdiction. In particular, it does not include questions relating to taxation, customs or administrative matters.

2. The Convention shall not apply to :

a) the legal status of natural persons as well as their legal and ability, property relationships between spouses and the legacy of the law or testament ;

b) Bankruptcies, chord and other similar schemes

c) social security

d) arbitration.

3. In this Convention the ' Convention State ' means any State which is a Contracting Party to this Convention or a Member State of the European Community. That can also mean the European Community.

TITLE II

COMPETENCE

SECTION 1

General provisions

ARTICLE 2

Without prejudice to the provisions of this Convention, persons resident in the territory of a Convention State, irrespective of their nationality, shall be sued by the courts of this State.

2. People who are not nationals of the Convention State in which they are domiciled are subject to the jurisdiction of the country's own nationals.

ARTICLE 3

1. People residing in the territory of a Convention State may only be sued by the courts of another Convention State under the rules laid down in Sections 2 to 7 of this Chapter.

Particula, in particular, the provisions of Annex I shall not be applied against them.

ARTICLE 4

However, if the defendant is not domiciled in the territory of a Convention State, the jurisdiction of the courts in each Convention State shall be governed by the State ' s own legislation without prejudice to the provisions of Articles 22 and 23.

2. In the case of a defendant who is not domiciled in an area of the Convention, anyone residing in the territory of a Convention State, irrespective of its nationality, may invoke the jurisdiction of the country of its own nationals who apply, including : in particular, the rules set out in Annex I ;

SECTION 2

Special jurisdiction rules

Article 5

A person resident in the territory of a Convention State may be sued in another Convention State :

1) (a) in matters of contractual relationship, in the case of the right of place where the obligation in question has been fulfilled or fulfilled ;

b) in the case of the application of this provision, and unless otherwise agreed, the place of fulfillment shall be the obligation on which the case is subject :

-WHAT? by the sale of goods, the place in a Convention State where the goods in accordance with the contract have been delivered or should have been provided ;

-WHAT? by the provision of services, the place in a Convention State where the services provided for in the Agreement have been delivered or should have been provided ;

c) if subparagraph (b) is not applicable, subparagraph (a) shall apply ;

2) in cases of maintenance obligations,

a) at the right of residence or habituor habituor habituor habituor, where the person is entitled to his residence or

b) in the case of a case of a person ' s legal status, by the right which, in accordance with its own legislation, is competent in the case, except that it is solely supported by one of the nationality of the parties ; or

c) in the case of a case of a person ' s parental responsibility, by the right which, in accordance with its own legislation, is competent in the case, except that it is solely supported by one of the nationality of the parties ;

3) cases of non-contractual replacement, in the case of the right of the place where the claim has been carried out or may be carried out ;

4) in cases where compensation or restoration of a previous condition is claimed in the event of a criminal offence, by the right where the penalty is laid down, where this right, according to its own legislation, is entitled to claim the right of a civil claim ;

5) in the case of the operation of a branch, an agency or a similar business, in the case of the right of place where the establishment is situated ;

6) in its capacity as the founder of a trust , troustee or favoured by a trust either by law or in writing or by an oral agreement confirmed in writing by the courts of the Conventional State in whose territory the threat is domiciled ;

7) in the case of an objection to payment of the salvage fee required for salvage, which has come a ship ' s shipment or cargo to good, in the right, in whose jurisdiction there is in the said charge or in the associated fraim of :

a) have been placed under arrest to ensure such payment, or

b) may have been placed under arrest, but where the guarantee has been made or lodged with other security,

this provision shall apply only where it is applied that the defendant has rights in the said shipment or cargo, or that he had such rights on the recovery time.

ARTICLE 6

A person resident in the territory of a Convention State may also be sued :

1) if there are multiple defendant, in the courts where one of the defendant is domiciled, provided that the requirements are so narrowly connected that it is desirable to treat and identify them at the same time to avoid incompatibilities in the event of the fact that the requirements are not compatible in the event of : the requirements were identified separately ;

2) in the case of claims against the person concerned as a third party, in the right where the original case is presumed, unless it is laid down only to avoid the protective equipment in question, which would be competent in his case ;

3) in the case of a counter-demand resulting from the same agreement or the same conditions to which the main claim is supported, by the right where the main requirement is presumed ;

4) in matters relating to contractual conditions, if the case can be reconctioned with a case of rights over solid property against the same defendant, in the case of the Convention State, on whose territory the property is situated.

Article 7

If a right of a convention state under this Convention is competent to decide on liability in connection with the use or operation of a ship, this court or any other court, as provided for in the internal legislation of that Convention, shall be entitled to determine the jurisdiction of the competent authority in question ; Member States shall, instead of the former, also have the competence to decide on the restriction of that responsibility.

SECTION 3

Jurisdiction in insurance matters

ARTICLE 8

In the insurance cases, jurisdiction shall be determined in accordance with this Section, cf. however, Article 4 and Article 5 (2), 5.

Article 9

1. An insurance undertaking resident in the territory of a Convention State may be sued :

a) in the case of the courts of the State in whose territory he is domiciled ; or

b) in another Convention State, in cases where the case is considered by the policyholder, the insured or the beneficiary, by the right of place where the plaintiff is domiciled, or

c) in the case of a coasurer, by the right of a convention state, on which case against the leading insurer is laid down.

2. Does the insurer not live in the territory of a Convention State but is the proprietor of a branch, an agency or a similar establishment in one of the Convention States, shall be deemed to be the operation of such an undertaking as having domiciled on this State area.

Article 10

In cases of liability insurance or insurance of immovable property, the insurer may also be sued in court in the place where the claim has been carried out. The same shall apply where immovable property and tangible property are covered by the same insurance contract and are subject to the same injury.

Article 11

In the case of liability insurance, the insurer may also be sued by the right where the injured person has taken a case against the insured person, provided that the law applicable to this court contains a legal basis for that purpose.

Articles 8, 9 and 10 shall apply in cases where victims of injury are directly against the insurance provider, provided that there is legal basis for a direct legal action.

If, in the case of such a direct legal action, the legislation contains a legal basis for the inclusion of the policyholder or the insured person in the case, the same court shall also be competent in relation to such persons.

Article 12

1. An insurer may only take proceedings in the case of the courts of the Convention State in whose territory the defendant is domiciled, whether the defendant is an insurance holder, secure or favoured, cf. however, Article 11 (1), 3.

2. This Section shall not affect the right to present a counterclaim to the right to treat the main requirement in accordance with this section.

ARTICLE 13

This department may only be departed from an agreement on the jurisdiction of the following :

1) which have been entered into after the dispute has arisen, or

2) that gives the policyholder, the insured person or the beneficiary right to take proceedings at other courts other than those referred to in this Section, or

3) an insurance holder and an insurance claim concluded at the time of the award of the contract had their place of residence or habitual habitats in the territory of the same Convention, with the aim of the courts in this State to be the territory of the Member State ; also competent in the event of the damage addition being carried out abroad, unless such an agreement on jurisdiction is not permitted under the law of the State in question, or

4) an insurance store has not domiciled in the territory of a Convention State unless it is a statutory insurance or insurance relating to a property which is situated in the territory of a Convention State, or

5) relating to an insurance contract covering one or more of the risks referred to in Article 14.

ARTICLE 14

The provisions of Article 13 (1). 5, the risks referred to are as follows :

1) any injury :

a) on seagoing ships, offshore installations and plants or aircraft or aircraft caused by events which occur in the context of use for commercial purposes by these ships, facilities and aircraft ;

b) on goods other than passengers ' baggage, where the consignment is carried out in whole or in part as transport by such ships or aircraft ;

2) any liability, apart from liability for any physical injury to passengers or of injury to their baggage :

a) arising from the use or operation of ships, plant or aircraft in accordance with paragraph 1. However, in the case of the latter only in respect of the legislation of the Convention State in which the aircraft has been registered, do not prohibit any contract for jurisdiction on insurance of such risks ;

b) for damage caused by goods during transport, as set out in paragraph 1. 1 (b)

3) any financial loss in connection with the use or operation of ships, facilities or aircraft in accordance with paragraph 1. 1 (a), in particular the loss of cargo or freight receipts ;

4) any risk in respect of any one of the provisions referred to in paragraph 1. 1-3 mentioned risks

5) by any paragraph, 1-4, all major risks.

SECTION 4

Jurisdiction in matters relating to consumer contracts

Article 15

1. In cases of contracts concluded by a person (for the consumer) in order to be considered to be outside his professional activities, jurisdiction shall be determined in accordance with this Section, cf. however, Article 4 and Article 5 (2), 5 :

a) where the case relates to the purchase of property objects where the buying-in is to be paid in instalments, or

b) where the case relates to loans to be repaid in instalments, or other credit arrangements intended for the financing of the purchase of such items, or

c) in all other cases where the Agreement is concluded with a person engaged in business in the Convention State in the territory of which the consumer is domiciled or any way in which such activity is directed against this State or to more than one other ; States including this State and the Agreement shall be covered by the undertaking concerned.

2. The consumer ' s counterparty is not domicile in the territory of a Convention State but is the proprietor of a branch, an agency or a similar establishment in one of the Convention States, shall be deemed to be the operation of such a business as having domiciled ; in the territory of this State.

3. This Section shall not apply to transport contracts except for agreements, which shall be combined with a combined price of travel and accommodates.

Article 16

Cases 1. Cases, like a consumer who intend to travel against its counterparty, may be placed either by the courts of the Convention State in whose territory the contractor is domiciled or at the right of the place where the consumer is domiciled.

2. Cases raised against the consumer by the consumer of the consumer ' s counterparty may only be considered by the courts of the Convention State in whose territory the consumer is domiciled.

3. This Article shall be without prejudice to the right to propose the right to treat the main requirement in accordance with this section.

Article 17

This department may only be departed from an agreement on the jurisdiction of the following :

1) which have been entered into after the dispute has arisen, or

2) giving the consumer the right to take action at other courts other than those referred to in this Section, or

3) between a consumer and his counterparty which, at the time of the award of the consumer contract, had their place of residence or habitual residence in the territory of the same Convention, and attaches competence to the courts of this State unless a Member State or Government is responsible ; such an agreement on jurisdiction shall not be permitted under the law of the State in question.

SECTION 5

Jurisdiction in matters relating to individual labour agreements

Article 18

1. In cases of individual employment agreements, jurisdiction shall be determined in accordance with this section, cf. however, Article 4 and Article 5 (2), 5.

2. The employer is not domiciled in a Convention State, but is the proprietor of a branch, an agency or a similar establishment in one of the Convention States, shall be deemed to be the operation of such a business as having domiciled on this State area.

Article 19

An employer who is domiciled in a Convention state may be sued :

1) in the case of the courts of the State in whose territory he is domiciled ; or

2) in another Convention State :

a) in the case of the right of place where the worker is usually carrying out his duties or on the right of the last place where he usually carried out his work, or

b) where the worker is not usually carried out or carried out his work in a particular country, at the time of the right of the establishment in which the person who employed the worker is or was situated.

Article 20

1. An employer may only take proceedings before the courts of the Convention State in whose territory the employed person is domiciled.

2. This Section shall not affect the right to present a counterclaim to the right to treat the main requirement in accordance with this section.

Article 21

This department may only be departed from an agreement on the jurisdiction of the following :

1) which have been entered into after the dispute has arisen, or

2) which gives the employee the right to take proceedings at other courts other than those referred to in this Section.

SECTION 6

Eneskill

Article 22

The competent, without regard to place of residence, is :

1)
in cases of immovable property rights and the renting or tenant lease, the courts of the Convention State on whose territory the property is situated.
However, in cases of lease and lease contracts concluded for temporary private use for a period of not more than six consecutive months, the courts shall also be the courts of the Convention State on whose territory the defendant has : residence, competent, provided that the tenant or tenant is a natural person and that the owner and tenant or tenant are domiciled in the territory of the same Convention ;
2)
in cases of validity, indifference or dissolution of companies and other legal persons having their registered offices in the territory of a Convention or on the validity of decisions taken by their bodies, the courts of the relevant Convention State. Where the registered office is situated, the right to the international private law must be applied to the international law applicable to it ;
3)
in cases of the validity of the introduction into public registers, the courts of the Convention State in whose territory the records are kept ;
4)
in the case of registration or validity of patents, trade marks, designs and other similar rights, which require the deposit or registration, whether in the form of a case or defence, to the courts of the Convention State, where an application for escrow or registration has been requested or where the landfill or registration has been carried out or under a Community act or an international convention shall be deemed to have been carried out.
Without prejudice to the competence of the Convention on the Communication of European patents, signed in Munich on 5. In October 1973, the Office of the European Patent Office shall have the courts of each Convention State, irrespective of whether the registration and validity of a European patent granted to this State, irrespective of whether or not, the question is being raised in the form of case installations or a defence ;
5)
in the case of the enforcement of judgments, the courts of the Convention State in whose territory the executing location is situated.

SECTION 7

Abnemy of protective equipment.

Article 23

1. If, in cases where at least one of them is domiciled in an area of the Convention, the Parties have agreed that a right or the courts of a Convention State must be competent to identify any disputes that have already been settled or any future disputes on the occasion of : a particular legal situation, the right or the courts shall be competent. Unless the parties have agreed otherwise, this right or the correct exclusive shall be the exclusive right of the party. Such an agreement on the value of the protective equipment must be concluded :

a) in writing or verbal, in writing, or

b) in a form conforming to the practice and use of the parties in their relations with each other, or

c) in the field of international trade, in a form which is in accordance with a custom which the parties may or should be aware of, and which, in the case of such trade, are commonly known and regularly followed by parties in agreements of the same type in the field of such trade ; trade in business.

2. With "written", any electronic message that will be permanently documenting the Agreement on jurisdiction shall be made available.

If such an agreement on jurisdiction is concluded by parties, of which no one is domiciled in the territory of a Convention State, the courts of the other Convention States may not be aware of the dispute, as long as the courts or designated courts have not declared themselves incompetent.

4. The courts or courts of a Convention State which have been granted jurisdiction under a document establishing a trust have exclusive jurisdiction in matters of a trust, a trustee or a trust beneficiary, if it is a question of a trust. on the relationship between these people or on their rights and duties within the framework of the threat.

5. Agreements on protective equipment and equivalent provisions of a document establishing a trust are invalid if they are in contravention of Articles 13, 17 and 21, or preclude the jurisdiction of the courts which, pursuant to Article 22, are exclusive.

ARTICLE 24

In so far as a right of a convention state is not already competent in accordance with other provisions of this Convention, the competent authority shall be competent whenever the defendant is in favour of it. This rule shall not apply if the defendant gives a meeting to disputed the jurisdiction of the court or, if another right pursuant to Article 22, is exclusive.

SECTION 8

Exercise of jurisdiction and of the case ' s acceptance of the decision

ARTICLE 25

A right of a convention state, for which a court of law which is most important, under Article 22, falls within the exclusive competence of another Convention Member State, shall declare itself incompetent on behalf of the office.

Article 26

1. If a person resident in a Convention State is being sued by a court in another Convention State but does not grant a meeting, the person concerned shall declare incompetent if it is not competent in accordance with the rules laid down in this Agreement ; Convention.

2. The court shall suspend proceedings until it is determined that the defendant has had the opportunity to receive the initial process in the case or a corresponding document in such good time that he has been able to carry out his interest under the case, or that all of them are in question ; necessary measures have been taken.

3. Article 15 of the Hague Convention of 15. In fact, November 1965 on the service of judicial and extrajudicial documents in civil and commercial matters is used instead of paragraph 1. 2 if the initial process of proceedings in the case or an equivalent document shall be submitted pursuant to that Convention.

4. Member States of the European Community, covered by Council Regulation (EC) No (EC) No, 1348/2000 by 29. In May 2000 or the Agreement between the European Community and the Kingdom of Denmark on the preaching of prior and extrajudicial documents in civil or commercial matters, signed in Brussels on 19. In the case of Article 19 of that Regulation, in the case of the initial process of proceedings or an equivalent document, in accordance with the said Regulation or by agreement, the provisions of this Regulation shall apply in their relations with each other in their relations.

SECTION 9

Litispendence and interrelated requirements

ARTICLE 27

1. If requirements that have the same subject and rest on the same basis shall be made between the same parties in respect of different States of the Conventional States, any other right than the one on which the case is first settled, on behalf of the office of office, until such time, jurisdiction has been established.

2. When it is established that the right, by means of which the case is first laid, is competent, any other court shall declare itself incompetent in favour of the first.

Article 28

1. If matters relating to requirements which are consistent with each other in the case of different States of the Conventional States may be subject to any other right than the one in question, the case may defer the case first.

When the cases in question are pending in the first instance any other court may be presumed to be incompetent, even at the request of one of the parties, provided that the right to which the case is first laid has been authorised, the competent authority to identify the requirements in question and its legislation allows it to be reunited.

For the purposes of interconnected terms, this Article shall mean that it is so closely interconnected that it is desirable to treat and identify them simultaneously in order to avoid incompatibilities in the event that the requirements were identified separately.

ARTICLE 29

Where the requirements fall within the exclusive competence of several rectters, any other right than the first person concerned shall declare itself incompetent in favour of that right.

Article 30

For the purposes of this Section, a case shall be deemed to be subject to a right :

1) at the time when the initial process of proceedings or an equivalent document is submitted to the court, provided that the proceedings have not subsequently failed to take the measures required by him in order to obtain the document ; sued, or

2) if the initial process of proceedings or an equivalent document must be served before it is brought to the court at the time when this document is received by the authority responsible for the service, provided that the plaintiff does not : subsequently failed to take the measures required by him in order to obtain the document to the court.

SECTION 10

Tentatively, including protective, remedies

Article 31

The judicial authorities of a Convention Member States may be requested to use such provisional, including protective measures provided for in the legislation of the State concerned, even though a court of another Convention State pursuant to this Convention may be granted ; is competent to identify the reality of the case.

TITLE III

RECOGNITION AND ENFORCEMENT

ARTICLE 32

For the purposes of this Convention, ' judgment ' means any decision taken by a right of a convention state, irrespective of the way in which it is referred to, such as judgment, judgment or enforcement order, including the fixing of the case costs to be carried out by a civil servant ; by court.

SECTION 1

Recognition

Article 33

1. Legal decisions taken in a Convention State shall be recognised in the other Conventions States without requiring a special procedure to be applied.

The recognition may be recognised by a legitimate party as the main invoking of recognition, in accordance with the procedure laid down in Sections 2 and 3 of this Chapter, that the judgment must be recognised.

The recognition of the recognition in a pending case by a Member State in a convention state and has the recognition of the decision is a very competent one to determine the issue of recognition.

Article 34

A judgment shall not be recognised as follows :

1) where a recognition is evidently stride against the basic rule of law in the State in which the request is addressed ;

2) if the initial process of proceedings or an equivalent document has not been served by the external sued in such time and in such a way that he has been able to carry out his interests under the case unless the defendant has failed to take the case ; the steps to challenge the judgment, even though he had the opportunity to do so.

3) if it is not compatible with a judgment given between the same parties in the State in which the request is addressed ;

4) if it is incompatible with a judgment previously taken in another Convention State or in a third country between the same parties in a dispute which has the same subject and rests on the same basis, and this earlier judgment satisfies the same parties ; the conditions required to be recognised in the Member State in which the request is addressed.

Article 35

1. A judgment may also not be recognised if the jurisdiction of Chapters II, Sections 3, 4 and 6 is disregarded or cases covered by Article 68 are available. In addition, the recognition of a judgment may be rejected in the provisions of Article 64 (1). Article 67 (3) and Article 67 (3). 4, determined cases.

For the examination of the jurisdiction referred to in the preceding paragraph, the authority to which the request is addressed shall be bound by the facts on which the right of the Member State of origin has supported its competence.

3. Competency of the courts of the Member State of origin may not be verified, cf. however, paragraph 1 The first paragraph of Article 34 (1). The verification of the basic principles of the rule of law may not be carried out by jurisdiction.

Article 36

In no case can the foreign judgment be reviewed as to the reality of the situation.

Article 37

The recognition of a court decision taken in a Convention State under the right of another Convention State may delay the proceedings if the decision has been contested by ordinary appeals or resumption of the Convention.

2. Recognition of a court decision taken in Ireland or the United Kingdom, in force in a court of another convention, may suspend proceedings if the enforcement is suspended in the Member State of origin by initiating appeal or Resumption.

SECTION 2

Enburdenment

Article 38

1. The judgments of a Convention State which are enforceable in the State in question may be enforceable in another Convention State when, at the request of a justifiable party, they have been declared enforceable in the latter state.

2. In the United Kingdom, however, such court decisions may, however, be enforced in England and Wales, Scotland or Northern Ireland when the decisions made at the request of a entitled party for enforcement have been registered in the relevant part of the Agreement ; United Kingdom.

Article 39

1. The request shall be made to the right or competent authority as set out in Annex II.

2. The place of competence shall be determined by the address of the party to whom enforcement is sought, or after the execution of the enforcement.

Article 40

1. The procedure for making the request shall be determined in accordance with the law of the Member State in which the request is addressed.

2. The submission of the request shall select a process sucessout to be domiciled in the court of law for the right to which the request is lodged. However, if the law of the Member State in which the request is addressed does not, however, have rules for such a place of residence, the person submitting the request shall appoint a procedural power.

The documents referred to in Article 53 shall be attached to the request.

ARTICLE 41

A judgment shall be declared for exiles as soon as the formalities referred to in Article 53 have been fulfilled without the examination provided for in Articles 34 and 35. The party to whom enforcement is requested may not, at this stage of the proceedings, make any comments.

Article 42

1. The decision taken on the request for a declaration of enforceability shall be communicated immediately and in the manner prescribed by the law of the Member State in which the request is addressed shall be notified to the person who has submitted the request.

2. A decision that a judgment is declared for exiles shall be served by the party to whom enforcement is sought, together with the judgment, if it has not already been served by the person concerned.

Article 43

1. The decision taken on the request for a declaration of enforceability may be appealed by both parties.

2. Appeal shall be lodged in accordance with the right laid down in Annex III.

3. The appeal shall be treated in accordance with the rules of the contradictory procedure.

4. giving the party to whom enforcement is requested, not a meeting of the right to which an appeal has been made by the person to whom the request has been made shall be referred to in Article 26 (1). 2-4, use, even though the party to whom enforcement is requested does not have residence in the territory of a Convention State.

A decision on the declaration of enforceability shall be appealed within a month after it has been served. If the party to whom enforcement is requested is domiciled on a territory of another Convention than the one in which the court decision has been declared in exile, the time limit for appeal shall be two months and runs from the day on which the decision on enforceability is : been served by the person concerned personally or at his residence. This time limit may not be extended because of the distance.

Article 44

The decision taken in the appeal proceedings shall only be contested in accordance with the provisions of Annex IV.

Article 45

Article 43 or 44 of the right to appeal pursuant to Article 43 or 44 may refuse to declare a judgment on enforceability or repeal a decision on the congility of one of the reasons given in Articles 34 and 35. It shall take a decision as soon as possible.

In no case may the foreign judgment be reviewed as to the reality of the situation.

ARTICLE 46

1. The right to appeal pursuant to Article 43 or 44 may, at the request of the party to whom enforcement is requested, suspend proceedings if the foreign judgment in the Member State of origin is challenged at the ordinary appeal or resumption, or if the deadline has not yet expired, in the latter case the courts may set a time limit for the initiation of appeal or resumption.

2. If the judgment has been taken in Ireland or the United Kingdom, any appeal or retake of the Member State concerned shall be deemed to be an ordinary legal remedy for the purposes of paragraph 1. 1.

The Court of State concerned may also make enforcement conditional on the provision of a security that is laid down by the courts.

ARTICLE 47

When a court decision is to be recognised in accordance with this Convention, there shall be no obstacle to the fact that the person who has put forward the request may bring provisional, including protective, remedies in accordance with the law of the Member State which : the request is addressed without the need for a decision on enforceability in accordance with Article 41.

The decision by which a judgment is declared for exiles gives way to using protective remedies.

As long as the provisions of Article 43 (3) are provided for. The time limit for appeal to the decision on enforceability has not expired and as long as the appeal is not made in the appeal proceedings, protective remedies shall be the only possible legal step towards assets belonging to the party against whom : Enforcement.

Article 48

1. If the foreign court decision has been taken into account for several claims and not all requirements may be declared enforceable, the court or the competent authority shall declare one or more of them in the case of enforceable law.

2. The one who makes a request for a declaration of enforceability to be declared to be enforceable can be requested only to have parts of the court decision declared to be enforceable.

ARTICLE 49

Foreign judgments, whereby a penalty is imposed, only exist in the Member State in which the request is corrected if the amount of the fine is definitively fixed by the courts of the Member State of origin.

Article 50

1. has the person who makes the request in either the Member State or in part either a free process or been exempt from fees and costs, the person concerned under the procedure laid down in this Section shall have granted the free process or exemption from the procedure laid down in this Section ; fees and costs as far as possible in accordance with the law of the State in which the request is addressed.

However, the one who makes a request for a judgment that has been declared by a management authority in Denmark, Iceland or Norway on the obligation to provide for an enforceability, may, in the State in which the request is addressed, may require them to be referred to in paragraph 1. 1 the advantages provided for by the person concerned by the Danish, Icelandic or Norwegian Ministry of Justice in order to demonstrate that the person concerned meets the economic criteria in order to be wholly or partially entitled to a free process ; or exempt from fees and costs.

ARTICLE 51

It cannot be imposed on the party which, in a Convention State, requests the enforcement of a judgment given in another Convention State, to provide security or deposit of any kind with the grounds that he is a foreigner or does not have a residence ; or habitat in that country.

Article 52

No tax, levy or fee calculated in relation to the value of the case must, in the course of processing a request for a declaration of enforceability, to be levied in the State to which the request is being made.

SECTION 3

Common provisions

ARTICLE 53

1. The party seeking the recognition of a judgment or requests that a judgment be declared for exiles shall present a copy of the decision which satisfies the necessary conditions in respect of the indebtedness of its authenticity.

2. The party requesting that a judgment is declared for exiles shall also provide the certificate referred to in Article 54, cf. however, Article 55.

ARTICLE 54

The court or the competent authority of a Convention State in which a judgment has been refused shall issue, at the request of a legitimate party, a certificate drawn up on the form in Annex V to this Convention.

ARTICLE 55

If the certificate referred to in Article 54 is not presented, the court or the competent authority may fix a time limit for its provision or recognition of a corresponding document or, where it considers the case sufficiently enlightened, exempt from it ; or in respect of the requirement for such presentation.

2. If the court or the competent authority requires it, a translation of the documents shall be translations. The translation must be confirmed by a person authorized to this end in one of the Convention States.

ARTICLE 56

No legalisation or fulfilment of equivalent formality shall be required in respect of the provisions of Articles 53 and 55 (5). 2, mentioned documents or process proxy powers.

SECTION IV

OFFICIALLY, DOCUMENTS AND COURT SETTLEMENTS

Article 57

1. Officially, documents issued and enforceable in a Convention state shall be declared to be enforceable in another Convention State in accordance with the procedure laid down in Article 38 and the following procedure. The right of an appeal pursuant to Article 43 or 44 may refuse to declare an officially authenticated document in exile or repeal a decision on enforceability, provided that a enforcement of the official authentic instrument is evidently to be carried out ; the dispute against basic principles of law in the Member State in which the request is being made.

2. As authentic documents in accordance with paragraph 1. Paragraph 1 shall also be considered to be subject to maintenance obligations which have been made to an administrative authority or which have been confirmed by such authority.

3. The document submitted shall be subject to the conditions laid down in the Member State in which the document is issued, in the case of indemsities.

4. Chapter III, Section 3, shall apply mutatis muctis. The competent authority of a Convention State in which an official certified document has been issued shall issue, at the request of a legitimate party, a certificate drawn up on the form set out in Annex VI to this Convention.

ARTICLE 58

In the case of the law of the court in a court of law and which is the enforceability of the Convention State in which they have been concluded, they may be enforced in the State in which the request is addressed, on the same conditions as authentic documents. The court or the competent authority of a Convention State in which a judgment has been refused shall issue, at the request of a legitimate party, a certificate drawn up on the form in Annex V to this Convention.

SECTION V

GENERAL PROVISIONS

ARTICLE 59

1. In determining whether a party is domiciled in the territory of the Convention State, where the case is laid, the court shall apply the internal legislation of this State.

If a party is not domiciled on the territory of the State in which the case is laid, the court shall decide whether the party is domiciled in the territory of another Convention, the law of this second state.

ARTICLE 60

1. Companies and other legal persons have, at the time of application of this Convention, place of residence where they have :

a) the registered office of the registered office or

b) their main office or

c) Their main business.

2. For the United Kingdom and Ireland ' s territory, the registered office of registered office shall mean the office of registered office or, where such a does not exist anywhere, or where there is no such place, where such a location is not in place ; for whose legislation the association has been created.

When determining whether a trust is domiciled in the territory of the Convention State where the case is laid down, the court shall apply the rules of international law applicable to it.

ARTICLE 61

Without prejudice to more favourable national provisions, persons residing in the territory of a Conventional State and against whom proceedings shall be prosecuted for a criminal offence, by courts of criminal proceedings in another Convention State where : the persons concerned are not nationals, even when they are not personally responsible for meeting their own defence to choose persons who are authorized to do so. However, the right handling the case may decide that the person concerned shall have a meeting in person. In person ' s personal appearance, the other States of the Convention may refuse to acknowledge or complete the decision taken in respect of a civil right without the person concerned having been able to carry out his / her interests under the conditions of the Agreement, The case.

Article 62

For the purposes of this Convention, the 'right' shall mean any authority designated by the Convention State as competent in matters falling within this Convention.

SECTIONS WE

TRANSITIONAL PROVISIONS

Article 63

1. This Convention shall apply only to legal proceedings laid down, and documents formally drawn up or registered as authentic documents following the entry into force of the Convention in the Member State of origin and seeking recognition or recognition ; the enforcement of a judgment or of officially certified documents, in the State to which the request is addressed.

2. In the case of litigation laid down in the Member State of origin before the entry into force of this Convention, the decisions taken after the entry into force of the Convention shall, however, be recognised and enforced in accordance with Chapter III :

a) if the trial of the Member State of origin has been entered into after the entry into force of the Lugano Convention of 16. September 1988 in both the Member State of origin and the State to which the request is addressed :

b) in all other cases where the jurisdiction of jurisdiction is in accordance with the rules laid down in Chapter II or of a Convention which, when the case was established, was in force between the Member State of origin and the State in which the request is addressed.

SECTIONS VII

RELATIONSHIP TO THE COUNCIL REGULATION (EF) NO 44/2001 AND OTHER INSTRUMENTS

Article 64

Paragraph 1 shall be without prejudice to the application of Council Regulation (EC) No 2 of the Council of the European Community. 44/2001 on the jurisdiction and enforcement of judgments in civil matters, including trade cases, any amendments to the Convention on the Jurisdiction and the Completion of Judgments in Borger; including Trading cases signed in Brussels on 27. September 1968, and the European Court of Justice Interpretation of the Conception by the Court of Justice, signed in Luxembourg on 3. In June 1971, as amended by the conventions to join the said Convention and the Protocol of the States of the European Communities and of the Agreement between the European Community and the Kingdom of Denmark on the jurisdiction and competence of the courts ; the recognition and enforcement of judicial decisions in civil and commercial matters, signed in Brussels on 19. October 2005.

However, the second present Convention shall always apply :

a) on questions of jurisdiction, if the defendant is domiciled in a State in which this Convention, but not one of them in paragraph 1. The provisions of this Article shall apply, or where, pursuant to Articles 22 or 23 of this Convention, the courts shall confer on the courts of such a State ;

b) in questions relating to the litior or interrelated requirements referred to in Articles 27 and 28, when the case is laid down in a State in which this Convention, but not one of the measures referred to in paragraph 1, shall be subject to the provisions of Article 27 and 28. The acts referred to in paragraph 1 shall apply, and in a State in which this Convention shall apply, together with one of the instruments referred to in paragraph 1. 1 in this Article,

c) in the case of recognition and enforcement, where either the State of origin or the State to which the request is addressed does not apply one of the provisions referred to in paragraph 1. 1 of this Article shall be referred to.

3. Recognition or executing may not be refused, in addition to the grounds set out in Chapter III, if the jurisdiction on the basis of which the judgment has been taken is different from that arising from this Convention and whose recognition or recognition ; Enforcement shall be sought to a party residing in a State in which this Convention, but not one of the parties referred to in paragraph 1, shall be sought ; The acts referred to in Article 1 (1) shall apply, unless the judgment of other powers may be recognised or enforced in accordance with the laws in force in the State in which the request is made.

Article 65

Without prejudice to the provisions of Article 63 (2), Article 66 and 66 and 67 shall enter this Convention in the case of the Convention States, instead of the conventions concluded between two or more of these States and which include the same matters to which this Convention applies. In particular, this Convention shall replace the conventions specified in Annex VII.

Article 66

The Conventions referred to in Article 65 shall continue to apply to the areas in which this Convention does not apply.

2. They shall also retain their validity, in the case of judgments made, and officially confirmed documents issued before the entry into force of this Convention.

Article 67

1. This Regulation 2) without prejudice to conventions in which the Contracting Parties and / or the Conventions States are parties, and which, in particular areas, lay down rules for jurisdiction and for the recognition or enforcement of court decisions. Without prejudice to the obligations under other agreements between certain Contracting Parties, this Convention shall not preclude the accession of the Contracting Parties to such conventions.

2. This Convention shall not preclude the fact that a right of a Convention State which is party to a Convention concerning a special area may consider itself competent under the said Convention, even if the defendant is domiciled to a Convention State ; an area that is not a party to the relevant Convention. In any case, the right of which the case is under Article 26 shall apply.

3. Judgments in a Convention State of a right which has regarded the competence of a Convention concerning a special area, recognised and enforced in the other Convention States in accordance with Chapter III of this Directive ; Convention.

In addition to the grounds referred to in Chapter III, recognition or enforcement may be refused if the State to which the request is addressed is not a party to a convention in a specific area and if the person against whom recognition is sought or not Enforcement shall be domiciled on the territory of this State or, if the State in which the request is addressed, is a Member State of the European Community and, in the case of conventions which require ratification of the European Community, on one of the following : the territory of the Member States, unless the judgment of other powers may be recognised or enforced in accordance with the following procedure ; to the applicable law of the State in which the request is addressed.

If both the Member State of origin and the State to which the request is addressed are Parties to a Convention relating to a special area, which lays down conditions for the recognition and enforcement of judgments, these conditions shall be applied. In any event, the provisions of this Convention relating to the recognition and enforcement of judgments shall apply.

ARTICLE 68

1. This Convention shall be without prejudice to agreements whereby the Convention states before the entry into force of this Convention have undertaken not to recognise court decisions taken in a different Convention State to a defendant who is domiciled or usual ; in the territory of a third country, where the judgment is provided in a case as referred to in the Brussels Convention ; 3) Article 4 has been supported only on one of the rules of jurisdiction set out in Article 3 (1). 2. Without prejudice to obligations under other agreements between certain Contracting Parties, this Convention shall not preclude the acceding of such conventions by the Contracting Parties.

2. No Contracting Government may, however, be committed to a third party to not recognise a court decision in another Convention State by a right which has jurisdiction as a result of the property of the defendant ' s or by the fact that the plaintiff has made an outlay or arrest in the case of goods,

a) where the claim relates to the right of ownership or the possession of the said goods, to obtain authorization to advise against this or to other disputes relating to the goods, or

b) where such goods have been lodged as collateral for a claim which is the subject of the request.

TITLE (II)

FINAL PROVISIONS

ARTICLE 69

The Convention is open to the signature of the European Community, Denmark and the States, which, when open to sign, are members of the European Free Trade Association.

The Convention shall be ratified by the signatory States. The ratification documents shall be deposited with the Swiss Federal Council acting as the holding of this Convention.

At the time of ratification, the Contracting Parties may submit declarations in accordance with the provisions of Articles I, II and III of Protocol No 2. 1.

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 deposits their ratification documents.

5. The Convention shall enter into force in respect of any other Party on the first day of the third month following the date on which this party deposited its ratification document.

Paragraph 6, subject to Article 3 (3). 3, in Protocol No 2. 2 replaces this Convention, per the date of entry into force in accordance with the abomentioned above. 4 and 5, the Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters, including commercial cases, concluded in Lugano on 16. September 1988. Any reference to the Lugano Convention of 1988 in other documents shall be understood as a reference to this Convention.

For the relationship between the Member States of the European Community and the Member States referred to in Article 70 (2). Paragraph 1 (b), mentioned non-European territory, replaces this Convention by the Member States ; the date of its entry into force in respect of these rural areas in accordance with Article 73 (3). 2, the Convention on the Jurisdiction and the Completion of Judgments in Citizens ' Sages, including Trade Matters, signed in Brussels on 27. September 1968 and the European Court of Justice Interpretation of the Construction of the European Communities, signed in Luxembourg on 3. In June 1971, as amended by the conventions on the accession of the said Convention and the Protocol of the States that have enacted the European Communities.

Article 70

Once this Convention has entered into force, it shall be open for accession to :

a) States which, after this Convention are opened for signature, shall be included as 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 rural areas, which are part of the territory of the Member State concerned, or whose external relations the Member State concerned is responsible for ; the conditions laid down in Article 71,

c) any other State in accordance with the conditions laid down in Article 72.

The second paragraph of paragraph 1. 1 led States wishing to be Contracting Parties to this Convention shall submit their application to the holding. The application, including the information set out in Articles 71 and 72, shall be accompanied by a translation in English and French.

ARTICLE 71

1. Any State in accordance with Article 71 (1). 1 (a) and (b), which wish to be contracting parties to this Convention,

a) the information required for the application of the Convention application,

b) may submit declarations in accordance with Articles I and III of Protocol No 2 ; 1.

2. The container shall forward any information received pursuant to paragraph 1. 1 to the other Contracting Parties, before the State concerned deposits its accession document.

Article 72

1. Any State in accordance with Article 70 (1). 1 (c), which wishes to be a Contracting Party to this Convention,

a) the information required for the application of the Convention application,

b) may submit declarations in accordance with Articles I and III of Protocol No 2 ; 1, and

c) information shall be sent to the container, in particular :

1) their legal system, including information on the appointment of judges and their independence ;

2) their internal legislation, in the case of the procedural and enforcement of judgments, and

3) their international private law rules for the administration of justice.

2. The container shall forward any information received pursuant to paragraph 1. 1 to the other Contracting Parties before the State in question shall be invited to join in accordance with paragraph 1. Three in this article.

3. The container shall only invite the State concerned to accede if the Contracting Parties unanimously approved it, see it in accordance with the approval of the State. however, paragraph 1 4. The Contracting Parties shall seek to give undertakings no later than one year after the entry into force of the storage contention.

4. The Convention shall enter into force only in the case of the State of Accession and the Contracting Governments which do not contravening accession before the first day of the third month following the escrow of the accession document.

Article 73

1. The accession documents shall be deposited with the holding.

In the case of a candidate country referred to in Article 70, the Convention shall enter into force on the first day of the third month following the deposit of the accession document. From that date, the State of Accession shall be regarded as a Contracting Party to the Convention.

3. Any Contracting Party may submit to the container a version of this Convention drawn up in the language or languages of the Contracting Party concerned. The wording must be valid if this has been agreed between the Contracting Parties in accordance with Article 4 of Protocol 4. 2.

Article 74

1. This Convention has been concluded for an unlimited period.

2. any Contracting Party may terminate the Convention at any time by sending a notification to the container.

3. The Termination shall apply from the end of the calendar year following the expiry of a six-month period from the date on which the container receives the notice of notice.

Article 75

The following documents are associated with this Convention :

-WHAT? a protocol number. 1 on certain problems relating to competence, procedure and enforcement ;

-WHAT? a protocol number. 2 for uniform interpretation of the Convention and on the Standing Committee

-WHAT? a protocol number. 3 for the application of Article 67 of this Convention ;

-WHAT? Annexes I to IV and Annex VII with information on the application of this Convention ;

-WHAT? the attestations referred to in Articles 54, 58 and 57 of this Convention shall be that :

-WHAT? Annex VIII, with a list of the valid languages referred to in Article 79 of this Convention, and

-WHAT? Annex IX on the application of Article II of Protocol II, 1.

These protocols and annexes shall form an integral part of this Convention.

ARTICLE 76

Without prejudice to Article 77, any Contracting Party may request the revision of this Convention. For this purpose, the contention is referred to as the Standing Committee as defined in Article 4 of Protocol 4. 2.

Article 77

1. The Contracting Parties shall send the text of any legal clause to the container in order to amend the inventories in Annex I IV and any removal or addition to the list in Annex VII and the date of their entry into force. Such elements shall be forwarded in reasonable time before their entry into force and be accompanied by a translation into English and French. The container shall then be appritilable to the relevant Annexes after the Standing Committee has been consulted in accordance with Article 4 of Protocol 4. For this purpose, the Contracting Parties shall provide a translation of the executions to their own language.

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

ARTICLE 78

1. The container shall be notified to the Contracting Parties :

a) the deposit of each instrument of ratification or accession ;

b) the date of entry into force of this Convention in respect of the Contracting Parties ;

c) any declaration received in accordance with Article I-IV of Protocol No 2 ; 1

d) any notification made in accordance with Article 74 (1). Article 77 (2), Article 77. Paragraph 1 and paragraph 1. 4 to Protocol 4. 3.

2. The messages are accompanied by translations in English and French.

Article 79

This Convention, drawn up in one copy of the languages specified in Annex VIII, shall be deposited in the archives of the Swiss Federal Council. The Swiss Confederal Council shall send a certified copy to each of the Contracting Parties.

Confirmation of that undersigned the signatory to this Convention.

The Cargo-in-the-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I

Hecho en Lugano el treinta de octubre de dos mil siete.

V Luganu tten třicátého října dva tisíce sedm.

Done at Lugano, the three-dive October two thousand and seven.

Geschehen zu Lugano am dreißigsten OkOctober zweitausendsieben.

Lugano, kolmekümnes oktoober kaks tuhat seitse

If the time is right, I would like to know that, in the time being, the European, the, the, the ονονονονονονονονονονονονονονονονονονονονονονονονονονονονονονονον

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 de Dheireadh Fómhair sa bhlia in dhíle mhíle a seacht.

Fatto a Lugano, addì trenta ottobre duemilasette

Gerður í Lúganó þrítugasta day október mððar árið tvö þúsund og sjö.

As Mr Lugánno, we are tūkstošši septītI gada trīsdesmitains, otobral, which is a step towards the ox.

Priimta Lugane, du tûkstanèiai septintais metais spalio trisdeðimtà dienà.

Kelt Luganóban, a kétezer-hetedik év október havharmincadik najokán.

Magħmul f 'Lugano, fit-tlettax-il jum ta' Ottubru bullshit-sena elcowarn u seba '.

Gedaan te Lugano, up there, October, tweedueduizthan zeven.

Unferrous in Lugano, the early October totusenog7.

Sporzzondzono w Lugano dnia trzydzieste go patalidziernika dwa tysisia ce siódmego roku

Feito em Lugano, aos trinta dias de Outubro do ano de dois mil e watched

Încheiatsto la Lugano, la treizeci octombrie anul doulia mii şapte.

V Lugane tridsiateho októbra dvetisícsethem.

Sestavljeno v Luganu, trideseese oktobra leta dva tisoč sedem.

Tehty Luganossa kolmantenakymmenentenä päivänä lokakuuta vuonna kaksituhattaseitsemän.

Utfärdad in Lugano de trettionde trettionde October years tjugobully rashu.

The one-and-the-the-the-the-the-the-the-the-the-the-the-the-the-

Por la Comunidad Europea

Za Evropské společenství

For the European Community

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Thas ceann an Chomhphobail Eorpaigh

The, in the face of the, the 'Εf' of the' Εfυfονονονονονονονον

For the European Community

Pour la Communauté européenne

Thas ceann an Chomhphobail Eorpaigh

Per la Comunità europea

The Europos 'bendrijos' wendas of the European Union,

az Európai Közösség részéröl

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Pentru Comunitatea Europeană

Za Európske spoločenstvo

Za Evropsko skupnost

Euroopan yhteisön puolesta

At Europeiska gemencapens vägnar

AA5260_5_1.jpg Size : (1 X 1)

PROTOCOL 1

on certain problems relating to competence, procedure and enforcement ;

THE HIGH CONTRACTING PARTIES HAVE AGREED ON THE FOLLOWING PROVISIONS :

Article I

1. before and extrajudicial documents drawn up in the territory of a Convention State and who are to be notified to persons who are in the territory of another Convention State, they shall be forwarded in accordance with the said, the procedures laid down by conventions or agreements concluded between these States.

2. Unless the Contracting Party in whose territory the service is to be carried out by declaration to the container, the relevant documents may also be sent directly by the person concerned publicly in the State where : the documents have been drawn up to the corresponding persons in the State in which the addressee is to be found. In this case, the person authorized in the Member State of the Member State of origin shall send a copy of the document to the person concerned publicly in the State in which the request is addressed when the person concerned is competent to deliver it to The address. Such delivery shall be carried out in accordance with the rules laid down in the legislation of the State in which the request is addressed. The transfer shall be confirmed by a certificate sent directly to the public approved person in the State in which the document is drawn up.

3. Member States of the European Community, which are bound by Council Regulation (EC) No, 1348/2000 by 29. In May 2000 or the Agreement between the European Community and the Kingdom of Denmark on the preaching of prior and extrajudicial documents in civil or commercial matters, signed in Brussels on 19. In October 2005, in their mutual relationship, this Regulation and this Agreement shall apply.

ARTICLE II

Paragraph 1, Article 6 (1). Article 11 (2) and Article 11 of the Convention on the fulfilment of an obligation or in other cases against third parties may not be fully applicable in the Convention States of Annex IX. Any resident within the territory of another Convention may be sued by the courts of those States in accordance with the rules set out in Annex IX.

2. At the time of ratification, the European Community may declare that the provisions of Article 6 (2) are to be declared ; Article 11 (2) and Article 11 may not be applied in certain other Member States and to provide information on the rules to be used.

3. Legal decisions taken in the other Convention States pursuant to Article 6 (1). 2 and Article 11 shall be recognised and enforced in the States referred to in paragraph 1. 1 and 2 in accordance with Chapter III. Any legal action taken by court rulings in these States may be provided for by third parties in the application of the provisions of paragraph 1. The other Convention states also need to be recognised in the other Convention States.

ARTICLE III

1. Switzerland shall reserve the right to declare, after ratification, that the country will not use the following part of the provision in Article 34 (1). 2 :

"unless the defendant has failed to take steps to challenge the judgment, even though he had the opportunity to do so."

If the declaration by Switzerland makes such a statement, the other Contracting Parties shall use the same proviso as regards court decisions by the courts in Switzerland.

2. Contracting Parties may, in the case of judgments of a Member State of accession as defined in Article 70 (2), may be taken in the case of judgments of the Member States. in the case of a declaration, 1 (c) shall be reserved for :

a) the one in paragraph 1. 1 right and

b) in the case of office of office, the right to determine whether any of the reasons for the recognition and enforcement of a judgment is present in accordance with Article 39, notwithstanding the provisions of Article 41, to examine whether or not the reasons for the recognition and enforcement of a judgment are present.

3. if a Contracting Party has made such a reservation to an accession state as defined in paragraph 1. In the case of a declaration, this accession state may reserve the same right of court rulings by the courts of the Contracting Party concerned.

With the exception of the provisions referred to in paragraph 1, 1 mentioned reservations have the declarations of a period of validity of five years, which may be renewed at the end of the period. If the one in paragraph 1 The declaration referred to in paragraph 2 shall, within six months prior to the end of the period, notify this declaration. A state of the accession state may renew a declaration as provided for in paragraph 1. 3, after the corresponding declaration pursuant to paragraph 1. Two has been renewed.

Article IV

The declarations referred to in this Protocol may, at any time, be withdrawn at the time of notification for the storage. The communication must be accompanied by a translation into English and French. The Contracting Parties shall provide the translation into their own language. Withdrawal shall take effect from the first day of the third month following notification of the action.

PROTOCOL 2

on uniform interpretation of the Convention and on the Standing Committee

PREAMBLE

THE HIGH CONTRACTING PARTIES,

REFERRED TO Article 75 of this Convention ;

CONSIDERING a close connection between this Convention, the Lugano Convention of 1988 and the acts referred to in Article 64 (1). 1, of this Convention,

CONSIDERING that the Court of Justice of the European Communities shall be competent to take decisions on the interpretation of the provisions of the legal acts referred to in Article 64 (1). 1, of this Convention,

CONSIDERING that this Convention will be incorporated into Community rules and that the Court of Justice of the European Communities is therefore competent to take decisions on the interpretation of the provisions of this Convention in respect of the provisions of this Convention ; the use thereof of the courts of the Member States of the European Community ;

HAVING KNOWN KNOSKAB to the decisions of the European Communities concerning the interpretation of the acts referred to in Article 64 (1). 1, in this Convention, until the time of the signing of this Convention and to the judgments of the Contracting Parties on the Lugano Convention of 1988 until the time of the signing of this Convention,

CONSIDERING the simultaneous revision of the 1988 Convention and the Brussels Convention, which led to the conclusion of a revised version of these conventions, essentially based on the abovementioned legal decisions, Brussels Convention of 1968 and Lugano Convention of 1988,

CONSIDERING the revised wording of the Brussels Convention after the entry into force of the Amsterdam Treaty has been incorporated into Regulation (EC) No 2. 44/2001,

CONSIDERING that this revised wording also made the basis for the wording of this Convention,

AS, having fully recognised the independence of the executions, the ØNSKER is to prevent any different interpretations and to reach as uniform an interpretation as possible of the provisions of this Convention and in Regulation (EC) No 2. 44/2001, which is essentially included in this Convention and in other legal acts referred to in Article 64 (1). 1, in this Convention,

HAS BEEN AGREED ON :

ARTICLE 1

1. Any court that uses and interprets this Convention shall take due account of the principles laid down in any relevant decision on the provisions of the Lugano Convention or any other similar provision in the case of the Agreement or 1988 and the acts referred to in Article 64 (1). 1, in this Convention, by the courts of the Conventions of the Conventions and of the European Communities.

The second paragraph of paragraph 1. 1 established duty shall apply to the courts of the Member States of the European Community without prejudice to the obligations which they have on the Court of Justice of the European Communities pursuant to the Treaty establishing the European Community ; or the Agreement between the European Community and the Kingdom of Denmark on the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed in Brussels on 19. October 2005.

ARTICLE 2

Any Convention State which is not a member of the European Community shall have the right to submit or other written opinions to the Court of Justice in accordance with Article 23 of the Protocol on the Statute of the European Communities ; In cases where a right of a Member State of the European Community refers to the interpretation of this Convention or of an act as defined in Article 64 (4) of the European Community, an issue of interpretation of this Convention or of a legal instrument. 1, to the Court of Justice for a preliminary ruling.

ARTICLE 3

1. The Commission of the European Communities shall establish a system for the exchange of information relating to relevant court decisions pursuant to this Convention and any relevant court judgment pursuant to the 1988 and de Lugano Convention and the acts as referred to in Article 64 (1). 1, of this Convention. This system shall be accessible to the public and shall include judgments of the courts at the end of the court and of the Court of Justice of the European Communities, and in particular important court decisions, which have been taken pursuant to : This Convention, the 1988 Convention and the acts referred to in Article 64 (1). 1, of this Convention. The judgment shall be classified and shall be regarded as a summary.

The system shall ensure that the Commission of the competent authorities of the Conventions shall be submitted by the competent authorities of the Convention, which have been taken by the courts of those States.

2. A selection of matters of particular interest to the Convention's correct application will be gathered by the attorney general of the Justice of the European Communities, which shall provide the case law of the expert meeting in accordance with Article 1 ; 5 of this Protocol.

3. Until the European Communities, a system has been set up in accordance with paragraph 1. 1, the ECJ of the European Communities shall maintain the arrangements for the exchange of information established under Protocol No 2 ; 2 for the Convention of the Lugano Convention in the case of judgments of judgments under this Convention and the 1988 Convention of the Lugano.

ARTICLE 4

1. A Standing Committee shall be established composed of representatives of the Contracting Parties.

2. On a Contracting Party ' s request, the retention of the present Convention shall convene the Committee, together with the following purposes :

-WHAT? discussion of the relationship between this Convention and other international acts ;

-WHAT? discussion of the application of Article 67, including the planned accessions of acts on specific matters in accordance with Article 67 (1). 1, and proposed legislation in accordance with Protocol No 2 ; 3

-WHAT? discussion of the accession of new Member States. In particular, the Committee may ask the applicant countries of accession referred to in Article 70 (3). Paragraph 1 (c), questions relating to the country's legal system and the implementation of the Convention. The committee may also discuss any adjustments to the Convention, which may be necessary for its application in the accession States ;

-WHAT? approval of new valid language versions pursuant to Article 73 (3). 3, in this Convention and the necessary amendments to Annex VIII ;

-WHAT? discussion of a revision of the Convention pursuant to Article 76 ;

-WHAT? discussion of amendments to Annexes I to IV and Annex VII pursuant to Article 77 (1). 1

-WHAT? the adoption of amendments to Annexes V and VI in accordance with Article 77 (1). 2

-WHAT? the withdrawal of reservations and declarations made by the Contracting Parties pursuant to Protocol No 2, 1, and the necessary amendments to Annex IX.

3. The Committee must establish rules of procedure for its activities and decision-making. These rules must allow for a written procedure for consultation and decision-making.

Article 5

1. The container may, at any time necessary, convene an expert meeting to discuss how the Convention functions, in particular on developments in the case-law and new legislation, which may have an impact on the application of the Convention.

2. The meeting must be joined by experts from the Contracting Parties, the Conventions of the European Communities, the Court of Justice of the European Communities and the European Free Trade Association. It must be open to any other expert whose presence is appropriate.

3. Problems arising from the application of the Convention may be referred to the Standing Committee referred to in Article 4 of this Protocol for further consideration.

PROTOCOL 3

on the application of Article 67 of the Convention,

THE HIGH CONTRACTING PARTIES HAVE AGREED ON THE FOLLOWING :

1. The application of the Convention shall be subject to the provisions laying down in specific areas the jurisdiction of the courts and for the recognition or enforcement of judgments and which are or will be contained in acts from you ; the institutions of the European Communities, in the same way as the conventions referred to in Article 67 (2). 1.

2. If a provision in an act of the European Communities ' institutions according to a Contracting Government is not compatible with the Convention, the Contracting Governments shall immediately consider alterating this in accordance with Article 76 thereof, subject to the procedure introduced by Protocol No 2 ; 2.

If one or more Contracting Parties jointly incorporate all or some of the provisions contained in acts by the European Community institutions as referred to in paragraph 1. The provisions of Article 67 (1) of national law must be treated in the same way as those referred to in Article 67 (1). 1.

4. The Contracting Parties shall transmit the wording to the text of the Contracting Parties to those referred to in paragraph 1. 3 said provisions, accompanied by a translation of this in English and French.

ANNEX I

The jurisdiction of jurisdiction referred to in Article 3 (1). Article 4 (2) and Article 4 (4). 2, in the Convention, is :

-WHAT?
in Belgium : § 5-14 of law of 16. July 2004 on international private law
-WHAT?
in Bulgaria : section 4 (4). 1, in the law of international private law ;
-WHAT?
in the Czech Republic : Article 86 of Law No 99/1963 Coll., Civil Process Law (občanský soudní řád) with subsequent changes
-WHAT?
in Denmark : section 246 (4). 2 and 3, in the civil process law (Law on the care of the court)
-WHAT?
in Germany : section 23 of the Civil Process Act (Zivilprozeßordnung)
-WHAT?
in Estonia : § 86 in the civil process law (tsiviilkohtumenetluse seadustik)
-WHAT?
in Greece : § 40 in the Civil Process Act (in the case of the Civil Process Law, at the time of the case of the ονονονονονονονονομονομονομο
-WHAT?
in France : sections 14 and 15 in a civil law book (Code Civilian)
-WHAT?
in Iceland, section 32 (3). 4, in the case of civil process law (Lög um medferd einkamála. 91/1991)
-WHAT?
in Ireland : the provisions on jurisdiction pursuant to a subpoena served on the defendant temporarily residing in Ireland ;
-WHAT?
in Italy, sections 3 and 4 in Act 3. 218 of 31. May 1995
-WHAT?
in Cyprus : Chapter 21, Section 2, in the Act of Law No 1. 14 of 1960 with subsequent changes
-WHAT?
in Latvia : Chapter 27 and paragraph 1. 3, 5, 6 and 9 of Chapter 28 of the Civil Process Act (Civilprocesa likum)
-WHAT?
in Lithuania : section 31 of the Civil Process Law (Civilinio proceso cipksas)
-WHAT?
in Luxembourg : sections 14 and 15 in a commonly statutory book (Code Civilian)
-WHAT?
in Hungary : section 57 of decree no. 13 of 1979 on international private law (a nemzetközi magánjogról szóló 1979. évi 13. törvényereju rendelet)
-WHAT?
in Malta : § 742, 743 and 744 of the Civil Process Act, Chapter 12 (Kodici ta ' Organizzjoni u Procedure A Civili-Cape. 12) and § 549 in the Commercial Code Chapter 13 (Kodici tal-kummerc-Cape. 13)
-WHAT?
in Norway : Chapter 4-3 (2), second indent, in the Act of Disputes (Dispute Lister)
-WHAT?
in Austria : $99 in the Law on Jurisdiction Norm (Jurisdiction Norm)
-WHAT?
in Poland : § 1103 and 1110 of the Civil Process Code (Code's postępowania cywilnego), provided that, according to these provisions, the jurisdiction is based on the defendant's residence in Poland, the defendant's possession of goods in Poland or his property in Poland, the fact that : the subject of the dispute is in Poland, and the fact that one of the parties is a Polish citizen ;
-WHAT?
in Portugal : § 65 and Article 65A of the Civil Process Law (Código de Processo Civil) and section 11 of the working conditions of the working conditions (Código de Processo de Trabalho)
-WHAT?
in Romania : section 148-157 of Law No 105/1992 on international private law ;
-WHAT?
in Slovenia : § 48 (3). 2, in the law of international private law and procedures (Zakon co annarodeasily zasebeasy pravu in postopku) on section 47 (4). 2, in the Civil Process Act (Zakon o pravdeasy postopku) and § 58 of the law of private international law and procedures (Zakon co annarodeasily zasebeasy pravu in postopku), regarding section 59 of the Civil Process Law (Zakon o pravdeasy postopku)
-WHAT?
in Slovakia : section 37-37e in Law No 97/1963 concerning the rights of private and procedural rules for the purpose of this Directive,
-WHAT?
in Switzerland : laugh for lieu du séquestre / Gerichtsstand de Arresidues ortes / foro del luogo del luando del sequestro, according to the definition in section 4 of the loi fédérale sur le droit international privé / Bundesgesetz über das international Privatrecht / legge federale sul condutto internazionale privato
-WHAT?
in the case of Finland, Chapter 10 of Chapter 10 of the Court of Justice. 1, second, third and fourth indents (oikeudenkäymiskaari/rättegspirigsbalken)
-WHAT?
in Sweden, Chapter 10 of Chapter 10 of Title 3 (3). 1, first indent (rättegspirigsbalken)
-WHAT?
in the United Kingdom :
the provisions on jurisdiction pursuant to :
a)
a subpoena served for the defendant temporarily residing in the United Kingdom, or
b)
the possession of goods in the United Kingdom, or
c)
the plaintiff or arrest of the plaintiff (s) in the United Kingdom.

ANNEX II

The courts or competent authorities, in respect of which the requests referred to in Article 39 are to be put forward, are :

-WHAT?
in Belgium : "Tribunal de première instance" or "rechtbank van eerste aanleg" or "erstinstanzliches Gericht"
-WHAT?
in Bulgaria : 'In the case of the' Cargo ', the situation of the people in the country of the country, the one which has been set up,
-WHAT?
in the Czech Republic : "okresní soud" or "soudní exekutor"
-WHAT?
in Denmark : "the court"
-WHAT?
in Germany :
a)
The chairman of the "Chamber des Landgerichts"
b)
a notary in matters in which an authenticated document is declared for exile ;
-WHAT?
in Estonia : "maakohus" (amtslig court)
-WHAT?
in Greece : " Μονομομονονονονονονονονονονονονον
-WHAT?
in Spain : "Juzgado de Primera Instancia"
-WHAT?
in France :
a)
"Conceps a boss you tribunal de grande instance"
b)
' President de la chambre départementale des notaires ` in cases where an official authentic notary document is declared for exile ;
-WHAT?
in Ireland : "High Court"
-WHAT?
in Iceland : "Héradsdómur"
-WHAT?
in Italy : "corte d' appello"
-WHAT?
in Cyprus : " The European Union of the European Union of the European Union of the Commission of the case of the case of the case of the case of the case of the " or in the case of a judgment on the obligation to be subject to the duty of the case of the " subjugation of the ", the " Where to the right ", the " The " Where to the right ", the " Where the ", "
-WHAT?
in Latvia : "rajona (pilsontas) tiesa"
-WHAT?
in Lithuania : "Lietuvos apeliacini is teisma"
-WHAT?
in Luxembourg : the President of the "tribunal d' arrondissement"
-WHAT?
in Hungary : "megyei bíróság székhelyén muködo sayi bíróság" and in Budapest "Budai Központi Kerületi Bíróság"
-WHAT?
in Malta : "prim 'Awla tal-Qorti Civili" or "Qorti tal-Magistrati ta' Ghawdex file-gurisdizzjoni superjurii taghha", or in the case of a decision on maintenance obligation "Registratur tal-Qorti" after submission from " MiniLady responsabbli, ghall-Gustizzja "
-WHAT?
in the Netherlands : ' Voorziennone rechter van de rechtbank "
-WHAT?
in Norway : "thingrett"
-WHAT?
in Austria : "Bezirksgericht"
-WHAT?
in Poland : ' Sword d okręgowy ` ;
-WHAT?
in Portugal : "Tribunal de Comarca"
-WHAT?
in Romania : "Tribunal"
-WHAT?
in Slovenia : 'okrožno sodišce'
-WHAT?
in Slovakia : "okresný súd"
-WHAT?
in Switzerland :
a)
in the case of claims relating to the fulfilment of monies 'juge de la mainlevée / Rechtsoungsrichter/giudice competente a pronunciare sul rigetto dell' opponents', in accordance with the procedure in § 80 and 81 i loi fédérale sur la poursuite pour be dettes et la faillite / Bundesgesetz ueber Schuldbetreibung und Konrate / legge federale esecuzione e sul fallimento
b)
in the case of judgments not related to the fulfilment of monies ' juge cantonal d' exequature ' compétent/zustaendiger "kantonal Vollstreckungsrichter" / "giudice cantonale" competente a pronunciare l' exequature
-WHAT?
in Finland : "käräjäoikeus/tingsrätt"
-WHAT?
in Sweden : 'Svea hovrätt'
-WHAT?
in the United Kingdom :
a)
in England and Wales : "High Court of Justice" or in the case of a judgment on maintenance obligations, "Magistrates ' Court" when sending through the "Secretary of State".
b)
in Scotland : the Court of Session, or in the case of a judgment on maintenance obligations, the 'Sheriff Court' at the submission of the Secretary of State.
c)
in Northern Ireland : 'High Court of Justice' or in the case of a judgment on maintenance obligations, "Magistrates ' Court" when sending through the "Secretary of State".
d)
in Gibraltar : the Supreme Court of Gibraltar, or in the case of a judgment of maintenance obligations, the Magistrates ' Court on transmission through the "Attorney General of Gibraltar".

ANNEX III

The courts shall be appealing to which an appeal may be made in accordance with Article 43 (3) of the Convention. Two, is :

-WHAT?
in Belgium :
a)
' tribunal de première instance "/" rechtbank van eerste aerste aanleg "/" erstinstanzliches Gericht ' if the decision is appealed against whom enforcement is sought
b)
"cour d' appeal" / "hof van reasep", if the decision is appealed by the person who has put the request
-WHAT?
in Bulgaria : ' The example of the situation in which is to be replaced by the way in which the case of the people of the country is to be replaced by the fact that
-WHAT?
in the Czech Republic : the right of appeal for transmission through the district court ;
-WHAT?
in Denmark : "the country of law"
-WHAT?
in Germany : "Oberlandesgericht"
-WHAT?
in Estonia : 'ringhouse cottage'
-WHAT?
in Greece : " Εννννννοννονον
-WHAT?
in Spain : ' Juzgado de Primera Instancia `, which ruled out the decision to be opposed to the Audiencia Provincial Council on appeal ;
-WHAT?
in France :
a)
"cour d' appeal" in decision to grant the request
b)
the President of "Tribunal de grande instance" by decision to reject the request
-WHAT?
in Ireland : "High Court"
-WHAT?
in Iceland : "Héradsdómur"
-WHAT?
in Italy : "corte d' appello"
-WHAT?
in Cyprus : " The European Union of the European Union of the European Union of the Commission of the case of the case of the case of the case of the case of the " or in the case of a judgment on the obligation to be subject to the duty of the case of the " subjugation of the ", the " Where to the right ", the " The " Where to the right ", the " Where the ", "
-WHAT?
in Latvia : "Apgabaltiesa" when sending through the "rajona (pilsontas) tiesa"
-WHAT?
in Lithuania : "Lietuvos apeliacini is teisma"
-WHAT?
in Luxembourg : ' Cour supérieure de justice, as an appeal body in civil matters ;
-WHAT?
in Hungary : the local court of the county court (in Budapest the central district court in Buda) ; the court is identified by the county court (in Budapest the main body of Budapest) ;
-WHAT?
in Malta : "Qorti ta 'l-Appell" in accordance with the procedure in Kodici ta' Organizzazzjoni u Procedure A Civili-Kap. 12 or, in the case of a judgment on the maintenance obligation of "citazzjoni" for " prim ' Awla tal-Qorti ivili ivili ivili ivili ivili ivili ivili ivili ivili ivili ivili ivili ivili ivili ivili ivili Ghawdex file-gurisdizzjoni superjurii taghha ' "
-WHAT?
in the Netherlands : "rechtbank"
-WHAT?
in Norway : "lagmannsrett"
-WHAT?
in Austria : 'Landesgericht' at the transmission of 'Bezirksgericht'
-WHAT?
in Poland : "sod d apelacyjny" on the transmission of 's; d okręgowy'.
-WHAT?
in Portugal : "Tribunal da Relação" is the competent court. Appeal shall be implemented in accordance with applicable national legislation by means of an appeal to the Court of Justice if a decision is appealed ;
-WHAT?
in Romania : "Curte de Apel"
-WHAT?
in Slovenia : 'okrožno sodišce'
-WHAT?
in Slovakia, the right of appeal shall be made by means of appeal through the district court, the court of which appeals for appeal ;
-WHAT?
in Switzerland : "tribunal cantonal / Kantonsgericht/tribunale cantonale"
-WHAT?
in Finland : 'Hovioikeus/hovrätt'
-WHAT?
in Sweden : 'Svea hovrätt'
-WHAT?
in the United Kingdom :
a)
in England and Wales : "High Court of Justice" or in the case of a judgment on maintenance obligations, "Magistrates ' Court"
b)
in Scotland : the Court of Session, or in the case of a judgment of maintenance obligations, 'Sheriff Court'
c)
in Northern Ireland : 'High Court of Justice' or in the case of a judgment on maintenance obligations, "Magistrates ' Court"
d)
in Gibraltar : the Supreme Court of Gibraltar, or in the case of a court ruling on maintenance obligations, the Magistrates ' Court.

ANNEX IV

Decisions in appeal proceedings may be challenged in accordance with Article 44 of the Convention :

-WHAT? in Belgium, Greece, Spain, France, Italy, Luxembourg and the Netherlands : by the scrapping apparatus ;

-WHAT? in Bulgaria : ' The case of a situation in which I have a question of the way in which Mr Zen has been made in the case of a situation in which the people of the Republic of the Republic of the European Republic of the Republic of the European Republic of the Republic of the European,

-WHAT? in the Czech Republic : "dovolání" and "žaloba pro zmatecnost"

-WHAT? in Denmark : in the case of an appeal to the "Supreme Court" according to the authorization of the "Process appropriation board"

-WHAT? in Germany : "Rechtsbeschwerde"

-WHAT? in Estonia : "kassatsioonkaebus"

-WHAT? in Ireland : in the case of an appeal concerning a legal question to the Supreme Court ;

-WHAT? in Iceland, on appeal to "Restastared"

-WHAT? in Cyprus : by appeal to the Supreme Court ;

-WHAT? in Latvia : by an appeal to the ' Augstakas tiesas senate of the Augstakas by ' Apgabaltiesa ' ;

-WHAT? in Lithuania : in the case of "Lietuvo Aukšciausia is Teisma"

-WHAT? in Hungary : "felülvizsgálati kérelem"

-WHAT? in Malta : no further appeal to another court ; in the case of a decision on maintenance obligations at "Qorti ta 'l-Appell", in accordance with the procedure for appeal in' kodici ta ' Organizzjoni u Procedure, Civili-Kap. 12 "

-WHAT? in Norway : by an appeal to the 'Høyestertt'.

-WHAT? in Austria : at "Audit Rate"

-WHAT? in Poland : by "scarga kasacyjna"

-WHAT? in Portugal, on an appeal concerning a legal matter,

-WHAT? in Romania, by " constatie în anulare "or" revizuire "

-WHAT? in Slovenia : by an appeal to the 'Vrhovno sodišce Republike Slovenije'

-WHAT? in Slovakia : by "dovolanie"

-WHAT? in Switzerland : when "recours devant le Tribunal fédéral" / "Beschwerde beim Bundesgericht" / "ricorso davanti al Tribunale federale"

-WHAT? in Finland, by making an appeal to the corkein oikeus / högsta tribunal,

-WHAT? in Sweden : by an appeal to the 'Högsta courts'

-WHAT? in the United Kingdom : at a single appeal on a legal issue.

ANNEX V

Certification of judgments and court settlements as 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. Domstate

2. Correct or competent authority that issued the certificate

2.1. Name

2.2. Address

2.3. Tel ./fax/e-post

3. Correct that the court decision has been taken / which is concluded 4)

3.1. Nature of the court

3.2. Home of the court

4. Judidisation / trial settlement 4)

4.1. Date

4.2. Journal Number

4.3. Parties to the Court of Justice of the Court of Justice 4)

4.3.1. The plaintiff (s) name (s)

4.3.2. The name of the defendant (s)

4.3.3. Name of any other Party (s)

4.4. Date of service of the initial process of proceedings in the case where the judgment was taken against an outside of the court

4.5. The Court of Justice / Justice of the Court of Justice shall be attached to this certificate 4)

5. Parties to Parties which have had the free process

The judgment / court settlement is in exile (t) in the judgment of the Member State of origin (Articles 38 and 58 of the Convention) to : 4)

Name

Done at ..., the ...

Signature and / or stamp ...

ANNEX WE

Cerest concerning authentic documents as referred to in Article 57 (2). 4, in the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ;

1. The Member State of Issue

2. Competent authority which has issued the certificate

2.1. Name

2.2. Address

2.3. Tel ./fax/e-post

3. Authority that has confirmed the document

3.1. Authority which has been involved in the issue of the authentic document (if applicable)

3.1.1. Name and designation of the authority

3.1.2. Place of authority

3.2. Name of authority that has registered the authentic document (if applicable)

3.2.1. Type of authority

3.2.2. Place of authority

4. The authentic document

4.1. Description of the document

4.2. Date

4.2.1. For the issue of the document

4.2.2. For the registration of the document (if other date)

4.3. Journal Number

4.4. Parties to the document

4.4.1. Creditor name

4.4.2. The debtor name

5. The enforceability of the enforceable obligation is shown by the extract which is attached to this certificate.

The authentic instrument has been officially confirmed to the debtor in the State of issue (Article 57 (4) of the Convention. 1).

Done at ..., the ...

Signature and / or stamp ...

ANNEX VII

The Conventions replaced by Article 65 of the Convention shall in particular be as follows :

-WHAT? The Treaty between Switzerland and Spain on the Mutual Enforcement of Judges in Civilians and Commercial Cases, signed in Madrid on 19. November 1896

-WHAT? The Convention between the Czechoslovakian Republic and Switzerland on the Recognition and Enforcement of Judgments with Additional Protocol, signed in Bern on 21. December 1926

-WHAT? The Convention between Switzerland and the German Reich on the recognition and completion of Judgments and Arbitration Services, signed in Bern on 2. November 1929

-WHAT? The Convention between Denmark, Finland, Iceland, Norway and Sweden on Recognition and Enforcement of Domme, signed in Copenhagen on 16. March 1932

-WHAT? The Convention between Switzerland and Italy on the Recognition and Enforcement of Judgments, signed in Rome on 3. January 1933

-WHAT? The Convention between Sweden and Switzerland on Recognition and Enforcement of Judgments and Arbitration Services, signed at Stockholm on 15. January 1936

-WHAT? The Convention between Switzerland and Belgium on Recognition and Enforcement of Judgments and Arbitration Services, signed in Bern on 29. April 1959

-WHAT? The Convention between Austria and Switzerland on Recognition and Enforcement of Judgments, signed in Bern the 16th. December 1960

-WHAT? The Convention between Norway and the United Kingdom on Mutual Recognition and the Fulmament of Domme in Civilians Sager, signed in London on the 12th. June 1961

-WHAT? The Convention between Norway and the Federal Republic of Germany on the recognition and completion of the Court of Justice and the Encyclosures in Civilians and Commercial Sager, signed in Oslo on 17. June 1977

-WHAT? The Convention between Denmark, Finland, Iceland, Norway and Sweden on the Recognition and Enforcement of Decisions on Privational Requirements, signed at Copenhagen on 11. October 1977 and

-WHAT? The Convention between Norway and Austria on the Recognition and Enforcement of Judgments in Civilians Sager, signed in Vienna on the 21st. May 1984.

ANNEX VIII

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

APPENDIX IX

The States and rules referred to in Article II of Protocol No 1, are the following :

-WHAT? Germany : § 68, 72, 73 and 74 of the Civil Process Act (Zivilprozeßordnung) on procedural matters

-WHAT? Austria : Section 21 Civil Process Law (Zivilprozeßordnung) concerning process information

-WHAT? Hungary : § 58-60 in the Civil Process Act (Polgári perrendtartás) on the process underlines

-WHAT? Switzerland, in relation to the cantons, if the applicable Civil Process law does not contain provisions concerning the competence referred to in Article 6 (2). Article 11 of the Convention and Article 11 of the Convention shall mean the relevant provisions on the procedural arrangements ( litis denuntiatio () in the applicable Civil Process law.

Official notes

1) The admonition of the words 'of jurisdiction and' must be regarded as an error in the Danish version of the Convention, so that these words are to be included in accordance with the English and French versions of the Convention, including those of the United Kingdom.

2) The word 'regulation' must be regarded as an error in the Danish version of the Convention, so that, in accordance with the provisions of the British and French versions of the Convention, the Convention must be amended, in accordance with the provisions of the Convention.

3) The inclusion of the word 'Brussels Convention' must be regarded as an error in the Danish version of the Convention, so that this word must be corrected, in accordance with the British and French versions of the Convention.

4) It shall not be crossed out.