Jurisdiction of Courts and Enforcement of Judgments Act 1998

Article 63

Each acceding State shall, when depositing its instrument of accession, communicate the information required for the application of Articles 3, 32, 37, 40, 41 and 55 of this Convention and furnish, if needs be, the details prescribed during the negotiations for the purposes of Protocol 1.

Article 64

Article 65

The following are annexed to this Convention:

—a Protocol 1, on certain questions of jurisdiction, procedure and enforcement,

— a Protocol 2, on the uniform interpretation of the Convention,

—a Protocol 3, on the application of Article 57.

These Protocols shall form an integral part of the Convention.

Article 66

Any Contracting State may request the revision of this Convention. To that end, the Swiss Federal Council shall issue invitations to a revision conference within a period of six months from the date of the request for revision.

Article 67

The Swiss Federal Council shall notify the States represented at the Diplomatic Conference of Lugano and the States who have later acceded to the Convention of:

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

(b) the dates of entry into force of this Convention in respect of the Contracting States;

(c) any denunciation received pursuant to Article 64;

(d) any declaration received pursuant to Article Ia of Protocol 1;

(e) any declaration received pursuant to Article Ib of Protocol 1;

(f) any declaration received pursuant to Article IV of Protocol 1;

(g) any communication made pursuant to Article VI of Protocol 1.

Article 68

This Convention, drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Icelandic, Irish, Italian, Norwegian, Portuguese, Spanish and Swedish languages, all fourteen texts being equally authentic, shall be deposited in the archives of the Swiss Federal Council. The Swiss Federal Council shall transmit a certified copy to the Government of each State represented at the Diplomatic Conference of Lugano and to the Government of each acceding State.

(Signatures of Plenipotentiaries of the fourteen Contracting States.)

EIGHTH SCHEDULE Text of Protocol 1[^1]

on certain questions of jurisdiction, procedure and enforcement

THE HIGH CONTRACTING PARTIES HAVE AGREED UPON THE FOLLOWING PROVISIONS, WHICH SHALL BE ANNEXED TO THE CONVENTION:

Article 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 Ia

(a) the jurisdiction of the court which has given the judgment is based only on Article 5 (1) of this Convention; and

(b) the defendant was domiciled in Switzerland at the time of the introduction of the proceedings; for the purposes of this Article, a company or other legal person is considered to be domiciled in Switzerland if it has its registered seat and the effective centre of activities in Switzerland; and

(c) the defendant raises an objection to the recognition or enforcement of the judgment in Switzerland, provided that he has not waived the benefit of the declaration foreseen under this paragraph.

Article Ib

Any Contracting State may, by declaration made at the time of signing or of deposit of its instrument of ratification or of accession, reserve the right, notwithstanding the provisions of Article 28, not to recognize and enforce judgments given in the other Contracting States if the jurisdiction of the court of the State of origin is based, pursuant to Article 16 (1) (b), exclusively on the domicile of the defendant in the State of origin, and the property is situated in the territory of the State which entered the reservation.

Article II

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

However, the court seised of the matter may order appearance in person; in the case of failure to appear, a judgment given in the civil action without the person concerned having had the opportunity to arrange for his defence need not be recognized 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 Swiss Federal Council, such documents may also be sent by the appropriate public officers of the State in which the document has been drawn up directly to the appropriate public officers of the State in which the addressee is to be found. In this case the officer of the State of origin shall send a copy of the document to the officer of the State applied to who is competent to forward it to the addressee. The document shall be forwarded in the manner specified by the law of the State applied to. The forwarding shall be recorded by a certificate sent directly to the officer of the State of origin.

Article V

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

—of the Federal Republic of Germany, pursuant to Articles 68, 72, 73 and 74 of the code of civil procedure (Zivilprozeordnung) concerning third-party notices,

—of Spain, pursuant to Article 1482 of the civil code,

—of Austria, pursuant to Article 21 of the code of civil procedure (Zivilprozeordnung) concerning third-party notices,

—of Switzerland, pursuant to the appropriate provisions concerning third-party notices of the cantonal codes of civil procedure.

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

Article Va

In matters relating to maintenance, the expression ‘court’ includes the Danish, Icelandic and Norwegian administrative authorities.

In civil and commercial matters, the expression ‘court’ includes the Finnish ulosotonhaltija / verexekutor.

Article Vb

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

Article Vc

(None)

Article Vd

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

Article VI

The Contracting States shall communicate to the Swiss Federal Council the text of any provisions of their laws which amend either those provisions of their laws mentioned in the Convention or the lists of courts specified in Section 2 of Title III.

NINTH SCHEDULE Domicile.

Part I

Part II

Part III

(a) it was incorporated or formed under the law of the State, or

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

(a) it has its registered office or some other official address at that place, or

(b) its central management and control is exercised in that place or it is carrying on business in that place.

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

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

(a) it has its seat in the State by virtue of paragraph 1 (a) of this Part, or

(b) it is shown that the courts of that other state would not regard it for the purposes of Article 16.2 as having its seat there.

“association” means an unincorporated body of persons;

“business” includes any activity carried on by a corporation or association;

“corporation” means a body corporate;

“official address” means, in relation to a corporation or association, an address which it is required by law to register, notify or maintain for the purpose of receiving notices or other communications.

Part IV

(a) gur corpraíodh í nó gur foirmíodh é faoi dhlí an Stáit, nó

(b) go bhfuil bainistíocht lárnach agus rialú na corparáide nó an chomhlachais á bhfeidhmiú sa Stát,

agus sa chás sin amháin.

(a) go bhfuil oifig chláraithe nó seoladh éigin eile oifigiúil aici nó aige ag an áit sin, nó

(b) go bhfuil bainistíocht lárnach agus rialú na corparáide nó an chomhlachais á bhfeidhmiú san áit sin nó gnó á sheoladh aici nó aige san áit sin,

agus sa chás sin amháin.

(a) gur corpraíodh í nó gur foirmíodh é faoi dhlí an stáit sin, nó

(b) go bhfuil bainistíocht lárnach agus rialú na corparáide nó an chomhlachais á bhfeidhmiú sa stát sin,

agus sa chás sin amháin.

(a) go bhfuil suíomh ag an gcorparáid nó ag an gcomhlachas sa Stát de bhua mhír 1 (a) den Chuid seo, nó

(b) go dtaispeánfar nach measfadh cúirteanna an stáit eile sin suíomh a bheith ag an gcorparáid nó ag an gcomhlachas ansin chun críocha Airteagal 16.2.

ciallaíonn “comhlachas” comhlacht neamhchorpraithe daoine;

ciallaíonn “corparáid” comhlacht corpraithe;

folaíonn “gnó” aon ghníomhaíocht atá á seoladh ag corparáid nó comhlachas;

ciallaíonn “seoladh oifigiúil”, i ndáil le corparáid nó comhlachas, seoladh a cheanglaítear uirthi nó air, le dlí, a chlárú, a chur in iúl nó a choimeád chun fógraí nó cumarsáidí eile a fháil.

A trust is domiciled in the State if, but only if, the law of the State is the system of law with which the trust has its closest and most real connection.

Tá sainchónaí ar iontaobhas sa Stát i gcás gurb é dlí an Stáit an córas dlí is mó a bhfuil dlúthbhaint agus baint dháiríre aige leis, agus sa chás sin amháin.