Statutory Instrument 2000 No. 1824

The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000

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STATUTORY INSTRUMENTS

2000 No. 1824
JUDGMENTS
The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000

	Made	12th July 2000
	Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 12th day of July 2000
Present,
The Queen's Most Excellent Majesty in Council
Whereas a Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters[1] was signed on 27th September 1968:

     And whereas a Protocol on the Interpretation of the Convention by the Court of Justice of the European Communities[2] was signed on 3rd June 1971:

     And whereas a Convention on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland to the Convention[3] signed by Her Majesty's Government on 9th October 1978, was ratified on 7th October 1986 by Her Majesty's Government and entered into force for the United Kingdom on 1st January 1987:

     And whereas the Civil Jurisdiction and Judgments Act 1982[4] gave the force of law to these Conventions and to the Protocol in the United Kingdom:

     And whereas by section 14(1) of that Act, if at any time it appears to Her Majesty in Council that Her Majesty's Government in the United Kingdom have agreed to a revision of any of the Brussels Conventions[5] including in particular any revision connected with the accession to the 1968 Convention of one or more further States, Her Majesty may by Order in Council make such modifications of that Act as Her Majesty considers appropriate in consequence of the revision:

     And whereas a Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the 1968 Convention[6] was signed on 29th November 1996, and in consequence Her Majesty's Government in the United Kingdom has agreed to a revision of the above mentioned Conventions and Protocol:

     And whereas a Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters[7] was opened for signature at Lugano on 16th September 1988 and signed by Her Majesty's Government on 18th September 1989:

     And whereas the Civil Jurisdiction and Judgments Act 1982[8], as amended by the Civil Jurisdiction and Judgments Act 1991[9] gave the force of law to that Convention in the United Kingdom:

     And whereas by section 14(1) of that Act, if at any time it appears to Her Majesty in Council that Her Majesty's Government in the United Kingdom have agreed to a revision of the Lugano Convention[10], including in particular any revision connected with the accession to the Lugano Convention of one or more further States, Her Majesty may by Order in Council make such modifications of that Act as Her Majesty considers appropriate in consequence of the revision:

     And whereas the Republic of Poland acceded to the Lugano Convention on 1st February 2000, and in consequence Her Majesty's Government in the United Kingdom has agreed to a revision of the Lugano Convention:

     And whereas each House of Parliament has by a resolution approved a draft of this Order:

     Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 14 of the Civil Jurisdiction and Judgments Act 1982, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1. This Order may be cited as the Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 and shall come into force -

both of which dates shall be notified in the London, Edinburgh and Belfast Gazettes.

2. In this Order, "the Act" means the Civil Jurisdiction and Judgments Act 1982 and the reference to a section or Schedule by number alone means the section or Schedule so numbered in that Act.

PART I
AMENDMENTS TO THE ACT RESULTING FROM THE REVISION OF THE BRUSSELS CONVENTION
3. In section 1(1) -

" "the 1996 Accession Convention" means the Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the 1968 Convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention, signed at Brussels on 29th November 1996,";

(b) in the definition of the Brussels Conventions for "and the 1989 Accession Convention", substitute, ", the 1989 Accession Convention and the 1996 Accession Convention".

4. In section 1(2)(a) for "and the 1989 Accession Convention" substitute ", the 1989 Accession Convention and the 1996 Accession Convention".

5. In section 1(3) -

(a) after "(Spain and Portugal)," insert "or under the 1996 Accession Convention (Austria, Finland and Sweden)"; and

(b) before "as the case might be" insert "or being a state in respect of which the 1996 Accession Convention has entered into force in accordance with Article 16 of that Convention,".

6. In section 2(2) -

(a) for "and 3B" substitute ", 3B and 3C";

(b) in subsections (a) and (b), after the words "the 1982 Accession Convention", wherever they appear, delete "and";

(c) at the end of subsection (a) insert - "and by Titles II and III of the 1996 Accession Convention";

(d) at the end of subsection (b) insert - "and by Title IV of the 1996 Accession Convention";

(e) after subsection (e) insert -

(f) for "and in Article 34 of the 1989 Accession Convention" insert ", in Article 34 of the 1989 Accession Convention and in Article 18 of the 1996 Accession Convention".

     7. In section 50, for "the 1982 Accession Convention" and "the 1989 Accession Convention" substitute, "the 1982 Accession Convention", "the 1989 Accession Convention" and "the 1996 Accession Convention".

     8.

    (1) For Schedule 1, substitute Schedule 1 to this Order;

    (2) For Schedule 2, substitute Schedule 2 to this Order;

    (3) After Schedule 3B, insert Schedule 3BB as set out in Schedule 3 to this Order.

PART II
AMENDMENTS TO THE ACT RESULTING FROM THE REVISION OF THE LUGANO CONVENTION
9. In section 1(2), after paragraph (a), insert -

10. In section 1(3), paragraph (3), for the words "Lugano Contracting State" to "United Kingdom" substitute -

11. In section 3A(2), after "the Lugano Convention" insert "as amended on the accession of Poland to that Convention".

12. In Schedule 3C -

(a) in article 3, after the entry relating to Austria, insert -

" - in Poland, Articles 1103 and 1110, of the Code of Civil Procedure,";

(b) in article 32 after the entry relating to Austria, insert -

" - in Poland, to the sad okregowy,";

" - in Poland, to the sad okregowy by an appeal in cassation,";

(d) in paragraph 1 of article 40, after the entry relating to Austria, insert -

" - in Poland, to the sad apelacyjny,";

(e) in article 41, after the entry relating to Austria, insert -

" - in Poland, by an appeal in cassation,";

(f) in article 55 -

A. K. Galloway
Clerk of the Privy Council

Article 8

SCHEDULE 1

" SCHEDULE 1

TEXT OF 1968 CONVENTION, AS AMENDED

ARRANGEMENT OF PROVISIONS

TITLE	I.	SCOPE (Article 1)
TITLE	II.	JURISDICTION
Section	1.	General provisions (Articles 2-4).
Section	2.	Special jurisdiction (Articles 5-6A).
Section	3.	Jurisdiction in matters relating to insurance (Articles 7-12A).
Section	4.	Jurisdiction over consumer contracts (Articles 13-15).
Section	5.	Exclusive jurisdiction (Article 16).
Section	6.	Prorogation of jurisdiction (Articles 17 and 18).
Section	7.	Examination as to jurisdiction and admissibility (Articles 19 and 20).
Section	8.	Lis pendens - Related actions (Articles 21-23).
Section	9.	Provisional, including protective, measures (Article 24).
TITLE	III.	RECOGNITION AND ENFORCEMENT
Definition of judgment (Article 25).
Section	1.	Recognition (Articles 26-30).
Section	2.	Enforcement (Articles 31-45).
Section	3.	Common provisions (Articles 46-49).
TITLE	IV.	AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS (Articles 50 and 51).
TITLE	V.	GENERAL PROVISIONS (Articles 52 and 53).
TITLE	VI.	TRANSITIONAL PROVISIONS (Articles 54 and 54A).
TITLE	VII.	RELATIONSHIP TO OTHER CONVENTIONS (Articles 54B-59).
TITLE	VIII.	FINAL PROVISIONS (Articles 60-68).

CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS

PREAMBLE THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY,
Desiring to implement the provisions of Article 220 of that Treaty by virtue of which they undertook to secure the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals;

Anxious to strengthen in the Community the legal protection of persons therein established;

Considering that it is necessary for this purpose to determine the international jurisdiction of their courts, to facilitate recognition and to introduce an expeditious procedure for securing the enforcement of judgments, authentic instruments and court settlements;

Have decided to conclude this Convention and to this end have designated as their Plenipotentiaries;

(Designations of Plenipotentiaries of the original six Contracting States)

WHO, meeting within the Council, having exchanged their Full Powers, found in good and due form,

HAVE AGREED AS FOLLOWS:

TITLE 1
SCOPE
Article 1
This Convention shall apply in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters.

The Convention shall not apply to -

     1. The status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession.

     2. Bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings.

     3. Social security.

     4. Arbitration.

TITLE II
JURISDICTION
SECTION 1
GENERAL PROVISIONS
Article 2
Subject to the provisions of this Convention, persons domiciled in a Contracting State shall, whatever their nationality, be sued in the courts of that State.

Persons who are not nationals of the State in which they are domiciled shall be governed by the rules of jurisdiction applicable to nationals of that State.

Article 3
Persons domiciled in a Contracting State may be sued in the courts of another Contracting State only by virtue of the rules set out in Sections 2 to 6 of this Title.

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

- in Belgium: Article 15 of the civil code (Code civil - Burgerlijk Wetboek) and Article 638 of the judicial code (Code judiciaire - Gerechtelijk Wetboek), - in Denmark: Article 246 (2) and (3) of the law on civil procedure (Lov om rettens pleje), - in the Federal Republic of Germany: Article 23 of the code of civil procedure (Zivilprozessordnung) - in Greece, Article 40 of the code of civil procedure ([Kappa][omega][delta][iota][kappa][alpha][final sigma] [Pi][omicron][lambda][iota][tau][iota][nu][eta][final sigma] [Delta][iota][kappa][omicron][kappa][omicron]µ[iota][alpha][final sigma]), - in France: Articles 14 and 15 of the civil code (Code civil), - in Ireland: the rules which enable jurisdiction to be founded on the document instituting the proceedings having been served on the defendant during his temporary presence in Ireland, - in Italy: Articles 2 and 4, nos 1 and 2 of the code of civil procedure (Codice di procedura civile), - in Luxembourg: Articles 14 and 15 of the civil code (Code civil), - in the Netherlands: Articles 126(3) and 127 of the code of civil procedure (Wetboek vanBurgerlijke Rechtsvordering), - in Austria: Article 99 of the Law on Court Jurisdiction (Jurisdiktionsnorm), - in Portugal: Article 65(1)(c), article 65(2) and article 65A(c) of the code of civil procedure (Código Processo Civil) and Article 11 of the code of labour procedure (Código de Processo de Trabalho), - in Finland: the second, third and fourth sentences of the first paragraph of Section 1 of Chapter 10 of the Code of Judicial Procedure (oikeudenkäymiskaari/rättegångsbalken), - in Sweden: the first sentence of the first paragraph of Section 3 of Chapter 10 of the Code of Judicial Procedure (rättegångsbalken), - in the United Kingdom: the rules which enable jurisdiction to be founded on:

Article 4

If the defendant is not domiciled in a Contracting State, the jurisdiction of the courts of each Contracting State shall, subject to the provisions of Article 16, be determined by the law of that State.

As against such a defendant, any person domiciled in a Contracting State may, whatever his nationality, avail himself in that State of the rules of jurisdiction there in force, and in particular those specified in the second paragraph of Article 3, in the same way as the nationals of that State.

SECTION 2
SPECIAL JURISDICTION
Article 5
A person domiciled in a Contracting State may, in another Contracting State, be sued -

     1. In matters relating to a contract, in the courts for the place of performance of the obligation in question; in matters relating to individual contracts of employment, this place is that where the employee habitually carries out his work, or if the employee does not habitually carry out his work in any one country, the employer may also be sued in the courts for the place where the business which engaged the employee was or is now situated.

     2. In matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which, according to its own law, has jurisdiction to entertain those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties.

     3. In matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred.

     4. As regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings.

     5. As regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated.

     6. As settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the Contracting State in which the trust is domiciled.

     7. As regards a dispute concerning the payment of remuneration claimed in respect of the salvage of cargo or freight, in the court under the authority of which the cargo or freight in question -

provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage.

Article 6
A person domiciled in a Contracting State may also be sued -

     1. Where he is one of a number of defendants, in the courts for the place where any one of them is domiciled.

     2. As a third party in an action on a warranty or guarantee or in any other third party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case.

     3. On a counter-claim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending.

     4. In matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court of the Contracting State in which the property is situated.

Article 6a
Where by virtue of this Convention a court of a Contracting State has jurisdiction in actions relating to liability from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of that State, shall also have jurisdiction over claims for limitation of such liability.

SECTION 3
JURISDICTION IN MATTERS RELATING TO INSURANCE
Article 7
In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to the provisions of Articles 4 and 5 point 5.

Article 8
An insurer domiciled in a Contracting State may be sued -

     1. in the courts of the State where he is domiciled, or

     2. in another Contracting State, in the courts for the place where the policy-holder is domiciled, or

     3. if he is a co-insurer, in the courts of a Contracting State in which proceedings are brought against the leading insurer.

An insurer who is not domiciled in a Contracting State but has a branch, agency or other establishment in one of the Contracting States shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.

Article 9
In respect of liability insurance or insurance of immovable property, the insurer may in addition be sued in the courts for the place where the harmful event occured. The same applies if movable and immovable property are covered by the same insurance policy and both are adversely affected by the same contingency.

Article 10
In respect of liability insurance, the insurer may also, if the law of the court permits it, be joined in proceedings which the injured party had brought against the insured.

The provisions of Articles 7, 8 and 9 shall apply to actions brought by the injured party directly against the insurer, where such direct actions are permitted.

If the law governing such direct actions provides that the policy-holder or the insured may be joined as a party to the action, the same court shall have jurisdiction over them.

Article 11
Without prejudice to the provisions of the third paragraph of Article 10, an insurer may bring proceedings only in the courts of the Contracting State in which the defendant is domiciled, irrespective of whether he is the policy-holder, the insured or a beneficiary.

The provisions of this Section shall not affect the right to bring a counterclaim in the court in which, in accordance with this Section, the original claim is pending.

Article 12
The provisions of this Section may be departed from only by an agreement on jurisdiction -

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

     2. which allows the policy-holder, the insured or a beneficiary to bring proceedings in courts other than those indicated in this Section, or

     3. which is concluded between a policy-holder and an insurer, both of whom are domiciled in the same Contracting State, and which has the effect of conferring jurisdiction on the courts of that State even if the harmful event were to occur abroad, providing that such an agreement is not contrary to the law of that State, or

     4. which is concluded with a policy-holder who is not domiciled in a Contracting State, except in so far as the insurance is compulsory or relates to immovable property in a Contracting State, or

     5. which relates to a contract of insurance in so far as it covers one or more of the risks set out in Article 12a.

Article 12a
The following are the risks referred to in point 5 of Article 12 -

     1. Any loss of or damage to -

2. Any liability, other than for bodily injury to passengers or loss of or damage to their baggage -

3. Any financial loss connected with the use or operation of ships, installations or aircraft as referred to in point 1(a) above, in particular loss of freight or charter-hire.

4. Any risk or interest connected with any of those referred to in points 1 to 3 above.

SECTION 4
JURISDICTION OVER CONSUMER CONTRACTS
Article 13
In proceedings concerning a contract concluded by a person for a purpose which can be regarded as being outside his trade or profession, hereinafter called "the consumer", jurisdiction shall be determined by this section, without prejudice to the provisions of Article 4 and point 5 of Article 5, if it is -

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

     2. a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods, or

     3. any other contract for the supply of goods or a contract for the supply of services, and

Where a consumer enters into a contract with a party who is not domiciled in a Contracting State but has a branch, agency or other estalishment in one of the Contracting States, that party shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.

This Section shall not apply to contracts of transport.

Article 14
A consumer may bring proceedings against the other party to a contract either in the courts of the Contracting State in which that party is domiciled or in the courts of the Contracting State in which he is himself domiciled.

Proceedings may be brought against a consumer by the other party to the contract only in the courts of the Contracting State in which the consumer is domiciled.

These provisions shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending.

Article 15
The provisions of this Section may be departed from only by an agreement -

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

     2. which allows the consumer to bring proceedings in courts other than those indicated in this Section, or

     3. which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Contracting State, and which confers jurisdiction on the courts of that State, provided that such an agreement is not contrary to the law of that State.

SECTION 5
EXCLUSIVE JURISDICTION
Article 16
The following courts shall have exclusive jurisdiction, regardless of domicile:

     1.

     2. In proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, or the decisions of their organs, the courts of the Contracting State in which the company, legal person or association has its seat.

     3. In proceedings which have as their object the validity of entries in public registers, the courts of the Contracting State in which the register is kept.

     4. In proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, the courts of the Contracting State in which the deposit or registration has been applied for, has taken place or is under the terms of an international convention deemed to have taken place.

     5. In proceedings concerned with the enforcement of judgments, the courts of the Contracting State in which the judgment has been or is to be enforced.

SECTION 6
PROROGATION OF JURISDICTION
Article 17
If the parties, one or more of whom is domiciled in a Contracting State, have agreed that a court or the courts of a Contracting State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall have exclusive jurisdiction. Such an agreement conferring jurisdiction shall be either -

Where such an agreement is concluded by parties, none of whom is domiciled in a Contracting State, the courts of other Contracting States shall have no jurisdiction over their disputes unless the court or courts chosen have declined jurisdiction.

The court or courts of a Contracting State on which a trust instrument has conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved.

Agreement or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of Articles 12 or 15, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article 16.

If an agreement conferring jurisdiction was concluded for the benefit of only one of the parties, that party shall retain the right to bring proceedings in any other court which has jurisdiction by virtue of this Convention.

In matters relating to individual contracts of employment an agreement conferring jurisdiction shall have legal force only if it is entered into after the dispute has arisen or if the employee invokes it to seise courts other than those for the defendant's domicile or those specified in Article 5(1).

Article 18
Apart from jurisdiction derived from other provisions of this Convention a court of a Contracting State before whom a defendant enters an appearance shall have jurisdiction. This rule shall not apply where appearance was entered solely to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of Article 16.

SECTION 7
EXAMINATION AS TO JURISDICTION AND ADMISSABILITY
Article 19
Where a court of a Contracting State is seised of a claim which is principally concerned with a matter over which the courts of another Contracting State have exclusive jurisdiction by virtue of Article 16, it shall declare of its own motion that it has no jurisdiction.

Article 20
Where a defendant domiciled in one Contracting State is sued in a court of another Contracting State and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of the Convention.

The court shall stay the proceedings so long as it is not shown that the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence, or that all necessary steps have been taken to this end.

The provisions of the foregoing paragraph shall be replaced by those of Article 15 of the Hague Convention of 15th November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters, if the documents instituting the proceedings or notice thereof had to be transmitted abroad in accordance with that Convention.

SECTION 8
LIS PENDENS - RELATED ACTIONS
Article 21
Where proceedings involving the same cause of action and between the same parties are brought in the courts of different Contracting States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.

Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court.

Article 22
Where related actions are brought in the courts of different Contracting States, any court other than the court first seised may, while the actions are pending at first instance, stay its proceedings.

A court other than the court first seised may also, on the application of one of the parties, decline jurisdiction if the law of that court permits the consolidation of related actions and the court first seised has jurisdiction over both actions.

For the purposes of this Article, actions are deemed to be related where they are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings.

Article 23
Where actions come within the exclusive jurisdiction of several courts, any court other than the court first seised shall decline jurisdiction in favour of that court.

SECTION 9
PROVISIONAL, INCLUDING PROTECTIVE, MEASURES
Article 24
Application may be made to the courts of a Contracting State for such provisional, including protective, measures as may be available under the law of that State, even if, under this Convention, the courts of another Contracting State have jurisdiction as to the substance of the matter.

TITLE III
RECOGNITION AND ENFORCEMENT
Article 25
For the purpose of this Convention, "judgment" means any judgment given by a court or tribunal of a Contracting State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court.

SECTION 1
RECOGNITION
Article 26
A judgment given in a Contracting State shall be recognized in the other Contracting States without any special procedure being required.

Any interested party who raises the recognition of a judgment as the principal issue in a dispute may, in accordance with the procedures provided for in Section 2 and 3 of this Title, apply for a decision that the judgment be recognised.

If the outcome of proceedings in a court of a Contracting State depends on the determination of an incidental question of recognition that court shall have jurisdiction over that question.

Article 27
A judgment shall not be recognized -

     1. If such recognition is contrary to public policy in the State in which recognition is sought.

     2. Where it was given in default of appearance, if the defendant was not duly served with the document which instituted the proceedings or with an equivalent document in sufficient time to enable him to arrange for his defence.

     3. If the judgment is irreconcilable with a judgment given in a dispute between the same parties in the State in which recognition is sought.

     4. If the court of the State of origin, in order to arrive at its judgment, has decided a preliminary question concerning the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills or succession in a way that conflicts with a rule of the private international law of the State in which the recognition is sought, unless the same result would have been reached by the application of the rules of private international law of that State.

     5. If the judgment is irreconcilable with an earlier judgment given in a non-contracting State involving the same cause of action and between the same parties, provided that this latter judgment fulfils the conditions necessary for its recognition in the state addressed.

Article 28
Moreover, a judgment shall not be recognised if it conflicts with the provisions of Sections 3, 4 or 5 of Title II, or in a case provided for in Article 59.

In its examination of the grounds of jurisdiction referred to in the foregoing paragraph, the court or authority applied to shall be bound by the findings of fact on which the court of the State of origin based its jurisdiction.

Subject to the provisions of the first paragraph, the jurisdiction of the court of the State of origin may not be reviewed; the test of public policy referred to in point 1 of Article 27 may not be applied to the rules relating to jurisdiction.

Article 29
Under no circumstances may a foreign judgment be reviewed as to its substance.

Article 30
A court of a Contracting State in which recognition is sought of a judgment given in another Contracting State may stay the proceedings if an ordinary appeal against the judgment has been lodged.

A court of a Contracting State in which recognition is sought of a judgment given in Ireland or the United Kingdom may stay the proceedings if enforcement is suspended in the State of origin, by reason of an appeal.

SECTION 2
ENFORCEMENT
Article 31
A judgment given in a Contracting State and enforceable in that State shall be enforced in another Contracting State when, on the application of any interested party, it has been declared enforceable there.

However, in the United Kingdom, such a judgment shall be enforced in England and Wales, in Scotland, or in Northern Ireland when, on the application of any interested party, it has been registered for enforcement in that part of the United Kingdom.

Article 32
     1. The application shall be submitted -
- in Belgium, to the tribunal de première instance or rechtbank van eerste aanleg,
- in Denmark, to the byret,
- in the Federal Republic of Germany, to the presiding judge of a chamber of the Landgericht,
- in Greece, to the [Mu][omicron][upsilon][omicron]µ[epsilon][lambda][epsilon][final sigma] [Pi][rho]*ohgr;[tau][omicron][delta][iota][kappa][epsilon][iota][omicron],
- in Spain, to the Juzgado de Primera Instancia,
- in France, to the presiding judge of the tribunal de grande instance,
- in Ireland, to the High Court,
- in Italy, to the corte d'appello,
- in Luxembourg, to the presiding judge of the tribunal d'arrondisement,
- in the Netherlands, to the presiding judge of the d'arrondissementsrechtbank,
- in Austria, to the Bezirksgericht,
- in Portugal, to the Tribunal Judicial de Circulo
, - in Finland, to the Käräjäoikeus/tingsrätt,
- in Sweden, in the Svea hovrätt,
- in the United Kingdom -

2. The jurisdiction of local courts shall be determined by reference to the place of domicile of the party against whom enforcement is sought. If he is not domiciled in the State in which enforcement is sought, it shall be determined by reference to the place of enforcement.

Article 33
The procedure for making the application shall be governed by the law of the State in which enforcement is sought.

The applicant must give an address for service of process within the area of jurisdiction of the court applied to. However, if the law of the State in which enforcement is sought does not provide for the furnishing of such an address, the applicant shall appoint a representative ad litem.

The documents referred to in Articles 46 and 47 shall be attached to the application.

Article 34
The court applied to shall give its decision without delay; the party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application.

The application may be refused only for one of the reasons specified in Articles 27 and 28.

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

Article 35
The appropriate officer of the court shall without delay bring the decision given on the application to the notice of the applicant in accordance with the procedure laid down by the law of the State in which enforcement is sought.

Article 36
If enforcement is authorized, the party against whom enforcement is sought may appeal against the decision within one month of service thereof.

If that party is domiciled in a Contracting State other than that in which the decision authorizing enforcement was given, the time for appealing shall be two months and shall run from the date of service, either on him in person or at his residence. No extension of time may be granted on account of distance.

Article 37
1. An appeal against the decision authorizing enforcement shall be lodged in accordance with the rules governing procedure in contentious matters -

2. The judgment given on the appeal may be contested only -

Article 38

The court with which the appeal under Article 37(1) is lodged may, on the application of the appellant, stay the proceedings if an ordinary appeal has been lodged against the judgment in the State of origin or if the time for such an appeal has not yet expired; in the latter case, the court may specify the time within which such an appeal is to be lodged.

Where the judgement was given in Ireland or the United Kingdom, any form of appeal available in the State of origin shall be treated as an ordinary appeal for the purposes of the first paragraph.

The court may also make enforcement conditional on the provision of such security as it shall determine.

Article 39
During the time specified for an appeal pursuant to Article 36 and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures taken against the property of the party against whom enforcement is sought.

The decision authorising enforcement shall carry with it the power to proceed to any such protective measures.

Article 40
1. If the application for enforcement is refused, the applicant may appeal -

- in Belgium, to the cour d'appel or hof van beroep, - in Denmark, to the landsret, - in the Federal Republic of Germany, to the Oberlandesgericht, - in Greece, to the [Epsilon][phi]&egr&tgr;[epsilon][iota][omicron], - in Spain, to the Audiencia Provincial, - in France, to the cour d'appel, - in Ireland, to the High Court, - in Italy, to the corte d'appello, - in Luxembourg, to the Cour supérieure de justice sitting as a court of civil appeal, - in the Netherlands, to the gerechtshof, - in Austria, to the Bezirksgericht, - in Portugal, to the Tribunal de RelacÇÇo, - in Finland, to the hovioikeus/hovrätten, - in Sweden, to the Svea hovrätt, - in the United Kingdom - (a)�in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates' Court;

2. The party against whom enforcement is sought shall be summoned to appear before the appellate court. If he fails to appear, the provisions of the second and third paragraphs of Article 20 shall apply even where he is not domiciled in any of the Contracting States.

Article 41
A judgment given on appeal provided for in Article 40 may be contested only -

- in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation, - in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice, - in the Federal Republic of Germany, by a Rechtsbeschwerde, - in Ireland, by an appeal on a point of law to the Supreme Court, - in Austria, by a Revisionsrekurs, - in Portugal, by an appeal on a point of law, - in Finland, by an appeal to korkein oikeus/högsta domstolen, - in Sweden, by an appeal to Högsta domstolen, - in the United Kingdom, by a single further appeal on a point of law. Article 42
Where a foreign judgment has been given in respect of several matters and enforcement cannot be authorized for all of them, the court shall authorize enforcement for one or more of them.

An applicant may request partial enforcement of a judgment.

Article 43
A foreign judgment which orders a periodic payment by way of a penalty shall be enforceable in the State in which enforcement is sought only if the amount of the payment has been finally determined by the courts of the State of origin.

Article 44
An applicant who, in the State of origin has benefited from complete or partial legal aid or exemption from costs or expenses, shall be entitled, in the procedures provided for in Articles 32 to 35, to benefit from the most favourable legal aid or the most extensive exemption from costs or expenses provided for by the law of the State addressed

However, an applicant who requests the enforcement of a decision given by an administrative authority in Denmark in respect of a maintenance order may, in the State addressed, claim the benefits referred to in the first paragraph if he presents a statement from the Danish Ministry of Justice to the effect that he fulfils the economic requirements to qualify for the grant of complete or partial legal aid or exemption from costs or expenses.

Article 45
No security, bond or deposit, however described, shall be required of a party who in one Contracting State applies for enforcement of a judgment given in another Contracting State on the ground that he is a foreign national or that he is not domiciled or resident in the State in which enforcement is sought.

SECTION 3
COMMON PROVISIONS
Article 46
A party seeking recognition or applying for enforcement of a judgment shall produce -

     1. a copy of the judgment which satisfies the conditions necessary to establish its authenticity;

     2. in the case of a judgment given in default, the original or a certified true copy of the document which establishes that the party in default was served with the document instituting the proceedings or with an equivalent document.

Article 47
A party applying for enforcement shall also produce -

     1. documents which establish that, according to the law of the State of origin the judgment is enforceable and has been served;

     2. where appropriate, a document showing that the applicant is in receipt of legal aid in the State of origin.

Article 48
If the documents specified in point 2 of Articles 46 and 47 are not produced, the court may specify a time for their production, accept equivalent documents or, if it considers that it has sufficient information before it, dispense with their production.

If the court so requires, a translation of the documents shall be produced; the translation shall be certified by a person qualified to do so in one of the Contracting States.

Article 49
No legalization or other similar formality shall be required in respect of the documents referred to in Articles 46 or 47 or the second paragraph of Article 48, or in respect of a document appointing a representative ad litem.

TITLE IV
AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS
Article 50
A document which has been formally drawn up or registered as an authentic instrument and is enforceable in one Contracting State shall, in another Contracting State, be declared enforceable there, on application made in accordance with the procedures provided for in Article 31 et seq. The application may be refused only if enforcement of the instrument is contrary to public policy in the State addressed.

The instrument produced must satisfy the conditions necessary to establish its authenticity in the State of origin.

The provisions of Section 3 of Title III shall apply as appropriate.

Article 51
A settlement which has been approved by a court in the course of proceedings and is enforceable in the State in which is was concluded shall be enforceable in the State addressed under the same conditions as authentic instruments.

TITLE V
GENERAL PROVISIONS
Article 52
In order to determine whether a party is domiciled in the Contracting State whose courts are seised of a matter, the Court shall apply its internal law.

If a party is not domiciled in the State whose courts are seised of the matter, then, in order to determine whether the party is domiciled in another Contracting State, the court shall apply the law of that State.

Article 53
For the purposes of this Convention, the seat of a company or other legal person or association of natural or legal persons shall be treated as its domicile. However, in order to determine that seat, the court shall apply its rules of private international law.

In order to determine whether a trust is domiciled in the Contracting State whose courts are seised of the matter, the court shall apply its rules of private international law.

TITLE VI
TRANSITIONAL PROVISIONS
Article 54
The provisions of the Convention shall apply only to legal proceedings instituted and to documents formally drawn up or registered as authentic instruments after its entry into force in the State of origin and, where recognition or enforcement of a judgment or authentic instruments is sought, in the State addressed.

However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognized and enforced in accordance with the provisions of Title III if jurisdiction was founded upon rules which accorded with those provided for either in Title II of this Convention or in a convention concluded between the State of origin and the State addressed which was in force when the proceedings were instituted.

If the parties to a dispute concerning a contract had agreed in writing before 1st June 1988 for Ireland or before 1st January 1987 for the United Kingdom that the contract was to be governed by the law of Ireland or of a part of the United Kingdom, the courts of Ireland or of that part of the United Kingdom shall retain the right to exercise jurisdiction in the dispute.

Article 54a
For a period of three years from 1st November 1987 for Denmark and from 1st June 1988 for Ireland, jurisdiction in maritime matters shall be determined in these States not only in accordance with the provisions of Title II, but also in accordance with the provisions of paragraphs 1 to 6 following. However, upon the entry into force of the International Convention relating to the arrest of sea-going ships, signed at Brussels on 10th May 1952, for one of these States, these provisions shall cease to have effect for that State.

     1. A person who is domiciled in a Contracting State may be sued in the Courts of one of the States mentioned above in respect of a maritime claim if the ship to which the claim relates or any other ship owned by him has been arrested by judicial process within the territory of the latter State to secure the claim, or could have been so arrested there but bail or other security has been given, and either -

     2. A claimant may arrest either the particular ship to which the maritime claim relates, or any other ship which is owned by the person who was, at the time when the maritime claim arose, the owner of the particular ship. However, only the particular ship to which the maritime claim relates may be arrested in respect of the maritime claims set out in 5(o), (p) or (q) of this Article.

     3. Ships shall be deemed to be in the same ownership when all the shares therein are owned by the same person or persons.

     4. When in the case of a charter by demise of a ship the charterer alone is liable in respect of a maritime claim relating to that ship, the claimant may arrest that ship or any other ship owned by the charterer, but no other ship owned by the owner may be arrested in respect of such claim. The same shall apply to any case in which a person other than the owner of a ship is liable in respect of a maritime claim relating to that ship.

     5. The expression "maritime claim" means a claim arising out of one or more of the following -

6. In Denmark, the expression "arrest" shall be deemed as regards the maritime claims referred to in 5(o) and (p) of this Article, to include a "forbud", where that is the only procedure allowed in respect of such a claim under Articles 646 to 653 of the law on civil procedure (lov om rettens pleje).

TITLE VII
RELATIONSHIP TO OTHER CONVENTIONS
Article 55
Subject to the provisions of the second subparagraph of Article 54, and of Article 56, this Convention shall, for the States which are parties to it, supersede the following conventions concluded between two or more of them -

and, in so far as it is in force -

Article 56

The Treaty and the conventions referred to in Article 55 shall continue to have effect in relation to matters to which this Convention does not apply.

They shall continue to have effect in respect of judgments given and documents formally drawn up or registered as authentic instruments before the entry into the force of this Convention.

Article 57
1. This Convention shall not affect any conventions to which the Contracting States are or will be parties and which in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments.

2. With a view to its uniform interpretation, paragraph 1 shall be applied in the following manner -

Where a convention on a particular matter to which both the State of origin and the State addressed are parties lays down conditions for the recognition or enforcement of judgments, those conditions shall apply. In any event, the provisions of this Convention which concern the procedure for recognition and enforcement of judgments may be applied.

3. This Convention shall not affect the application of provisions which, in relation to particular matters govern jurisdiction or the recognition or enforcement of judgments and which are or will be contained in acts of the institutions iof the European Communities or in national laws harmonized in implementation of such acts.

Article 58
Until such time as the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, signed at Lugano on 16th September 1988 takes effect with regard to France and the Swiss Confederation, this Convention shall not affect the rights granted to Swiss nationals by the Convention between France and the Swiss Confederation on jurisdiction and enforcement of judgments in civil matters, signed at Paris on 15th June 1869.

Article 59
This Convention shall not prevent a Contracting State from assuming, in a convention on the recognition and enforcement of judgments, an obligation towards a third State not to recongize judgments given in other Contracting States against defendants domiciled or habitually resident in the third State where, in cases provided for in Article 4, the judgment could only be founded on a ground of jurisdiction specified in the second paragraph of Article 3.

However, a Contracting State may not assume an obligation towards a third State not to recognize a judgment given in another Contracting State by a court basing its jurisdiction on the presence within that State of property, belonging to the defendant, or the seizure by the plantiff of property situated there -

1. if the action is brought to assert or declare proprietary or possessory rights in that property, seeks to obtain authority to dispose of it, or arises from another issue relating to such property, or

2. if the property constitutes the security for a debt which is the subject-matter of the action.

TITLE VIII
FINAL PROVISIONS
Article 60
[Deleted]

Article 61
This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.

Article 62
This Convention shall enter into force on the first day of the third month following the deposit of the instrument of ratification by the last signatory State to take this step.

Article 63
The Contracting States recognise that any State which becomes a member of the European Economic Community shall be required to accept this Convention as a basis for the negotiations between the Contracting States and that State necessary to ensure the implementation of the last paragraph of Article 220 of the Treaty establishing the European Economic Community.

The necessary adjustments may be the subject of a special convention between the Contracting States of the one part and the new Member States of the other part.

Article 64
The Secretary-General of the Council of the European Communities shall notify the signatory States of -

Article 65

The Protocol annexed to this Convention by common accord of the Contracting States shall form an integral part thereof.

Article 66
This Convention is concluded for an unlimited period.

Article 67
Any Contracting State may request the revision of this Convention. In this event, a revision conference shall be convened by the President of the Council of the European Communities.

Article 68
This Convention, drawn up in a single original in the Dutch, French, German and Italian languages, all four texts being equally authentic, shall be deposited in the archives of the Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.

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

ANNEXED PROTOCOL
The High Contracting Parties have agreed upon the following provisions, which shall be annexed to the Convention.

Article I
Any person domiciled in Luxembourg who is sued in a court of another Contracting State pursuant to Article 5(1) may refuse to submit to the jurisdiction of that court. If the defendant does not enter an appearance the court shall declare of its own motion that it has no jurisdiction.

An agreement conferring jurisdiction, within the meaning of Article 17, shall be valid with respect to a person domiciled in Luxembourg only if that person has expressly and specifically so agreed.

Article II
Without prejudice to any more favourable provisions of national laws, persons domiciled in a Contracting State who are being prosecuted in the criminal courts of another Contracting State of which they are not nationals for an offence which was not intentionally committed may be defended by persons qualified to do so, even if they do not appear in person.

However, the court seized of the matter may order appearance in person; in the case of failure to appear, a judgment given in the civil action without the person concerned having had the opportunity to arrange for his defence need not be recognised or enforced in the other Contracting States.

Article III
In proceedings for the issue of an order for enforcement, no charge, duty or fee calculated by reference to the value of the matter in issue may be levied in the State in which enforcement is sought.

Article IV
Judicial and extrajudicial documents drawn up in one Contracting State which have to be served on persons in another Contracting State shall be transmitted in accordance with the procedures laid down in the conventions and agreements concluded between the Contracting States.

Unless the State in which service is to take place objects by declaration to the Secretary-General of the Council of the European Communities, such documents may also be sent by the appropriate public officers of the State in which the document has been drawn up directly to the appropriate public officers of the State in which the addressee is to be found. In this case the officer of the State of origin shall send a copy of the document to the officer of the State applied to who is competent to forward it to the addressee. The document shall be forwarded in the manner specified by the law of the State applied to. The forwarding shall be recorded by a certificate sent directly to the officer of the State of origin.

Article V
The jurisdiction specified in Articles 6(2) and 10 in actions on a warranty or guarantee or in any other third party proceedings may not be resorted to in the Federal Republic of Germany or in Austria. Any person domiciled in another Contracting State may be sued in the courts:

(Zivilprozessordnung)

Judgments given in the other Contracting States by virtue of Articles 6(2) or 10 shall be recognised and enforced in the Federal Republic of Germany and in Austria in accordance with Title III. Any effects which judgments given in those States may have on third parties by application of the provisions in the preceding paragraph shall also be recognised in the other Contracting States.

Article Va
In matters relating to maintenance, the expression "court" includes the Danish administrative authorities.

In Sweden, in summary proceedings concerning orders to pay (betalningsföreläggande) and assistance (bandräckning), the expression "court" includes the "Swedish enforcement service" (kronofogdemyndighet).

Article Vb
In proceedings involving a dispute between the master and a member of the crew of a sea-going ship registered in Denmark, in Greece, in Ireland or in Portugal, concerning remuneration or other conditions of service, a court in a Contracting State shall establish whether the diplomatic or consular officer responsible for the ship has been notified of the dispute. It shall stay the proceedings so long as he has not been notified. It shall of its own motion decline jurisdiction if the officer, having been duly notified, has exercised the powers accorded to him in the matter by a consular convention, or in the absence of such a convention has, within the time allowed, raised any objection to the exercise of such jurisdiction.

Article Vc
Articles 52 and 53 of this Convention shall, when applied by Article 69(5) of the Convention for the European patent for the common market, signed at Luxembourg on 15 December 1975, to the provisions relating to "residence" in the English text of that Convention, operate as if "residence" in that text were the same as "domicile" in Articles 52 and 53.

Article Vd
Without prejudice to the jurisdiction of the European Patent Office under the Convention on the grant of European patents, signed at Munich on 5 October 1973, the courts of each Contracting State shall have exclusive jurisdiction, regardless of domicile, in proceedings concerned with the registration or validity of any European patent granted for that State which is not a Community patent by virtue of the provisions of Article 86 of the Convention for the European patent for the common market, signed at Luxembourg on 15 December 1975.

Article Ve
Arrangements relating to maintenance obligations concluded with administrative authorities or authenticated by them shall also be regarded as authentic instruments within the meaning of the first paragraph of Article 50 of the Convention.

Article VI
The Contracting States shall communicate to the Secretary-General of the Council of the European Communities the text of any provisions of their laws which amend either those articles of their laws mentioned in the Convention or the lists of courts specified in Section 2 of Title III of the Convention.

(Signatures of Plenipotentiaries of the original six Contracting States).".

SCHEDULE 2Article 8

" SCHEDULE 2

TEXT OF 1971 PROTOCOL, AS AMENDED

Article 1
The Court of Justice of the European Communities shall have jurisdiction to give rulings on the interpretation of the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters and of the Protocol annexed to that Convention, signed at Brussels on 27th September 1968, and also on the interpretation of the present Protocol.

The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland to the Convention of 27 September 1968 and to this Protocol.

The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Hellenic Republic to the Convention of 27 September 1968 and to this Protocol, as adjusted by the 1978 Convention.

The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Kingdom of Spain and the Portuguese Republic to the Convention of 27 September 1968 and to this Protocol, as adjusted by the 1978 Convention and the 1982 Convention.

The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Convention of 27 September 1968 and to this Protocol, as adjusted by the 1978 Convention, the 1982 Convention and the 1989 Convention.

Article 2
The following courts may request the Court of Justice to give preliminary rulings on questions of interpretaton -

1. - in Belgium: la Cour de Cassation - het Hof van Cassatie and le Conseil d'État - de Raad van State,

2. The courts of the Contracting States when they are sitting in an appellate capacity.

3. In the cases provided for in Article 37 of the Convention, the courts referred to in that Article.

Article 11

The Contracting States shall communicate to the Secretary-General of the Council of the European Communities the texts of any provisions of their laws which necessitate an amendment to the list of courts in point 1 of Article 2.

Article 12
This Protocol is concluded for an unlimited period.

Article 13
Any Contracting State may request the revision of this Protocol. In this event, a revision conference shall be convened by the President of the Council of the European Communities.

Article 14
This Protocol, drawn up in a single original in the Dutch, French, German and Italian languages, all four texts being equally authentic, shall be deposited in the archives of the Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.".

SCHEDULE 3Article 8

Section 2(2)

" SCHEDULE 3BB

TEXT OF TITLES V AND VI OF 1996 ACCESSION CONVENTION

TITLE V
TRANSITIONAL PROVISIONS
Article 13
     1. The 1968 Convention and the 1971 Protocol, as amended by the 1978 Convention, the 1982 Convention, the 1989 Convention and by this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.

     2. However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III of the 1968 Convention, as amended by the 1978 Convention, the 1982 Convention, the 1989 Convention and this Convention, if jurisdiction was founded upon rules which accorded with the provisions of Title II, as amended, of the 1968 Convention, or with the provisions of a convention which was in force between the State of origin and the State addressed when the proceedings were instituted.

TITLE VI
FINAL PROVISIONS
Article 14
     1. The Secretary-General of the Council of the European Union shall transmit a certified copy of the 1968 Convention, of the 1971 Protocol, of the 1978 Convention, of the 1982 Convention and of the 1989 Convention in the Danish, Dutch, English, German, Greek, Irish, Italian, Spanish and Portuguese languages to the Governments of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.

     2. The texts of the 1968 Convention, of the 1971 Protocol, of the 1978 Convention, of the 1982 Convention and of the 1989 Convention, drawn up in the Finnish and Swedish languages, shall be authentic under the same conditions as the other texts of the 1968 Convention, the 1971 Protocol, and 1978 Convention, the 1982 Convention and the 1989 Convention.

Article 15
This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Union.

Article 16
     1. This Convention shall enter into force on the first day of the third month following the date on which two signatory States, one of which is the Republic of Austria, the Republic of Finland or the Kingdom of Sweden, deposit their instruments of ratification.

     2. This Convention shall produce its effects for any other signatory State on the first day of the third month following the deposit of its instrument of ratification.

Article 17
The Secretary-General of the Council of the European Union shall notify the signatory States of:

Article 18

This Convention, drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, all twelve texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Union. The Secretary-General shall transmit a certified copy to the Government of each signatory State.".

EXPLANATORY NOTE

(This note is not part of the Order)

Part I of this Order amends the Civil Jurisdiction and Judgments Act 1982 in consequence of a revision of the 1968 Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters ("the Brussels Convention") and the 1971 Protocol on the Interpretation of the Convention by the Court of Justice of the European Communities.

The Brussels Convention is a Convention between Member States of the European Community which establishes a scheme to determine the international jursidiction of the courts of the Member States and to facilitate recognition and enforcement of judgments within the Community. The 1982 Act gives the Convention force in this country.

On becoming a member of the European Community, a State undertakes to accede to that Convention. This Order amends the 1982 Act to reflect the revisions made to the Brussels Convention on the accession of Austria, Finland and Sweden. The effect of Part I of this Order is to extend the reciprocal application of the Convention accordingly. For convenience, the amended texts of the Convention and the 1971 Protocol on Interpretation of the Convention are set out in Schedules 1 and 2.

Part II of this Order amends the Civil Jurisdiction and Judgments Act 1982 in consequence of a revision of the Lugano Convention.

The Lugano Convention is a Convention between Member States of the European Community and states which are either EFTA (European Free Trade Area) States or prospective members of the European Community. Like the Brussels Convention, it establishes a scheme to determine the international jurisdiction of the courts of the Contracting States and to facilitate recognition and enforcement of judgments among those States. The Civil Jurisdiction and Judgments Act 1991 amended the 1982 Act so as to give the Convention force in this country.

Part II of this Order amends the 1982 Act to reflect the revisions made to the Lugano Convention on the accession of Poland. The effect of Part II of this Order is to extend the reciprocal application of the Convention accordingly.

Notes:

[1] OJ No. L304, 30.10.1978, p. 36.back

[2] OJ No. L304, 30.10.1978, p. 50.back

[3] OJ No. L304, 30.10.1978, p. 1.back

[4] 1982 c. 27, as amended by the Civil Jurisdiction and Judgments Act 1991 c. 12 and by S.I. 1989/1346 and 1990/2591.back

[5] "the Brussels Conventions" are defined in section 1(1) of the 1982 Act. They include the 1968 Convention, the 1971 Protocol and all subsequent accession conventions. In addition to the 1978 Convention recited, the previous Accession Conventions are the 1982 Accession Convention (Hellenic Republic), and the 1989 Accession Convention (Spain and Portugal).back

[6] OJ No. C15, 15.1.1997, p. 1.back

[7] OJ No. L304, 30.10.1978, p. 36.back

[8] 1982 c. 27 amended by S.I. 1989/1346 and 1990/2591.back

[9] c. 12.back

[10] "the Lugano Convention" is defined in section 1(1) of the 1982 Act and refers to the Convention recited in this Order together with the Protocols annexed to the Convention.back

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Prepared 20 July 2000