Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012

Article 74

Article 75

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 this Convention and on the Standing Committee,

— a Protocol 3, on the application of Article 67 of this Convention,

— Annexes I through IV and Annex VII, with information related to the application of this Convention,

— Annexes V and VI, containing the certificates referred to in Articles 54, 58 and 57 of this Convention,

— Annex VIII, containing the authentic languages referred to in Article 79 of this Convention, and

— Annex IX, concerning the application of Article II of Protocol 1.

These Protocols and Annexes 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. To that end, the Depositary shall convene the Standing Committee as laid down in Article 4 of Protocol 2.

Article 77

Article 78

(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 Parties;

(c) any declaration received pursuant to Articles I to IV of Protocol 1;

(d) any communication made pursuant to Article 74(2), Article 77(1) and paragraph 4 of Protocol 3.

Article 79

This Convention, drawn up in a single original in the languages listed in Annex VIII, all texts being equally authentic, shall be deposited in the Swiss Federal Archives. The Swiss Federal Council shall transmit a certified copy to each Contracting Party.

(Signatures of Plenipotentiaries)

PROTOCOL 1

on certain questions of jurisdiction, procedure and enforcement

THE HIGH CONTRACTING PARTIES HAVE AGREED AS FOLLOWS:

Article I

Article II

Article III

“unless the defendant failed to commence proceedings to challenge the judgment when it was possible for him to do so”.

If Switzerland makes such declaration, the other Contracting Parties shall apply the same reservation in respect of judgments rendered by the courts of Switzerland.

(a) the right mentioned in paragraph 1; and

(b) the right of an authority mentioned in Article 39, notwithstanding the provisions of Article 41, to examine of its own motion whether any of the grounds for refusal of recognition and enforcement of a judgment is present or not.

Article IV

The declarations referred to in this Protocol may be withdrawn at any time by notification to the Depositary. The notification shall be accompanied by a translation into English and French. The Contracting Parties provide for translations into their languages. Any such withdrawal shall take effect as of the first day of the third month following that notification.

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PROTOCOL 2

on the uniform interpretation of the Convention and on the Standing Committee

PREAMBLE

THE HIGH CONTRACTING PARTIES,

HAVING REGARD to Article 75 of this Convention,

CONSIDERING the substantial link between this Convention, the 1988 Lugano Convention, and the instruments referred to in Article 64(1) of this Convention,

CONSIDERING that the Court of Justice of the European Communities has jurisdiction to give rulings on the interpretation of the provisions of the instruments referred to in Article 64(1) of this Convention,

CONSIDERING that this Convention becomes part of Community rules and that therefore the Court of Justice of the European Communities has jurisdiction to give rulings on the interpretation of the provisions of this Convention as regards the application by the courts of the Member States of the European Community,

BEING AWARE of the rulings delivered by the Court of Justice of the European Communities on the interpretation of the instruments referred to in Article 64(1) of this Convention up to the time of signature of this Convention, and of the rulings delivered by the courts of the Contracting Parties to the 1988 Lugano Convention on the latter Convention up to the time of signature of this Convention,

CONSIDERING that the parallel revision of both the 1988 Lugano and Brussels Conventions, which led to the conclusion of a revised text for these Conventions, was substantially based on the above mentioned rulings on the 1968 Brussels and the 1988 Lugano Conventions,

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

CONSIDERING that this revised text also constituted the basis for the text of this Convention,

DESIRING to prevent, in full deference to the independence of the courts, divergent interpretations and to arrive at an interpretation as uniform as possible of the provisions of this Convention and of those of the Regulation (EC) No 44/2001 which are substantially reproduced in this Convention and of other instruments referred to in Article 64(1) of this Convention,

HAVE AGREED AS FOLLOWS:

Article 1

Article 2

Any State bound by this Convention and which is not a Member State of the European Community is entitled to submit statements of case or written observations, in accordance with Article 23 of the Protocol on the Statute of the Court of Justice of the European Communities, where a court or tribunal of a Member State of the European Community refers to the Court of Justice for a preliminary ruling a question on the interpretation of this Convention or of the instruments referred to in Article 64(1) of this Convention.

Article 3

The system shall comprise the transmission to the Commission by the competent authorities of the States bound by this Convention of judgments as referred to above delivered by the courts of these States.

Article 4

— a consultation on the relationship between this Convention and other international instruments,

— a consultation on the application of Article 67, including intended accessions to instruments on particular matters according to Article 67(1), and proposed legislation according to Protocol 3,

— the consideration of the accession of new States. In particular, the Committee may ask acceding States referred to in Article 70(1)(c) questions about its judicial system and the implementation of the Convention. The Committee may also consider possible adaptations to the Convention necessary for its application in the acceding States,

— the acceptance of new authentic language versions pursuant to Article 73(3) of this Convention and the necessary amendments to Annex VIII,

— a consultation on a revision of the Convention pursuant to Article 76,

— a consultation on amendments to Annexes I through IV and Annex VII pursuant to Article 77(1),

— the adoption of amendments to Annexes V and VI pursuant to Article 77(2),

— a withdrawal of the reservations and declarations made by the Contracting Parties pursuant to Protocol 1 and necessary amendments to Annex IX.

Article 5

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PROTOCOL 3

on the application of article 67 of the Convention

THE HIGH CONTRACTING PARTIES HAVE AGREED AS FOLLOWS:

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ANNEX I

The rules of jurisdiction referred to in Article 3(2) and 4(2) of the Convention are the following:

— in Belgium: Articles 5 through 14 of the Law of 16 July 2004 on private international law,

— in Bulgaria: Article 4(1) of the International Private Law Code,

— in the Czech Republic: Article 86 of Act No 99/1963 Coll., the Code of Civil Procedure (obansk soudní ád), as amended,

— in Denmark: Article 246(2) and (3) of the Administration of Justice Act (Lov om rettens pleje),

— in Germany: Article 23 of the code of civil procedure (Zivilprozeordnung),

— in Estonia: Paragraph 86 of the Code of Civil Procedure (tsiviilkohtumenetluse seadustik),

— in Greece: Article 40 of the code of civil procedure (),

— in France: Articles 14 and 15 of the civil code (Code civil),

— in Iceland: Article 32 paragraph 4 of the Civil Proceedings Act (Lg um mefer einkamála nr. 91/1991),

— 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 3 and 4 of Act 218 of 31 May 1995,

— in Cyprus: section 21(2) of the Courts of Justice Law No 14 of 1960, as amended,

— in Latvia: section 27 and paragraphs 3, 5, 6 and 9 of section 28 of the Civil Procedure Law (Civilprocesa likums),

— in Lithuania: Article 31 of the Code of Civil Procedure (Civilinio proceso kodeksas),

— in Luxembourg: Articles 14 and 15 of the civil code (Code civil),

— in Hungary: Article 57 of Law Decree No. 13 of 1979 on International Private Law (a nemzetkzi magánjogról szóló 1979. évi 13. trvényerej rendelet),

— in Malta: Articles 742, 743 and 744 of the Code of Organisation and Civil Procedure — Cap. 12 (Kodii ta’ Organizzazzjoni u Proedura ivili — Kap. 12) and Article 549 of the Commercial Code — Cap. 13 (Kodii tal-kummer—Kap. 13),

— in Norway: Section 4-3(2) second sentence of the Dispute Act (tvisteloven),

— in Austria: Article 99 of the Law on court Jurisdiction (Jurisdiktionsnorm),

— in Poland: Articles 1103 and 1110 of the Code of Civil Procedure (Kodeks postpowania cywilnego), insofar as they establish jurisdiction on the basis of the defendant’s residence in Poland, the possession by the defendant of property in Poland or his entitlement to property rights in Poland, the fact that the object of the dispute is located in Poland and the fact that one of the parties is a Polish citizen,

— in Portugal: Article 65 and Article 65A of the code of civil procedure (Código de Processo Civil) and Article 11 of the code of labour procedure (Código de Processo de Trabalho),

— in Romania: Articles 148-157 of Law No. 105/1992 on Private International Law Relations,

— in Slovenia: Article 48(2) of the Private International Law and Procedure Act (Zakon o mednarodnem zasebnem pravu in postopku) in relation to Article 47(2) of Civil Procedure Act (Zakon o pravdnem postopku) and Article 58 of the Private International Law and Procedure Act (Zakon o mednarodnem zasebnem pravu in postopku) in relation to Article 59 of Civil Procedure Act (Zakon o pravdnem postopku),

— in Slovakia: Articles 37 to 37e of Act No 97/1963 on Private International Law and the Rules of Procedure relating thereto,

— in Switzerland: le for du lieu du séquestre/Gerichtsstand des Arrestortes/foro del luogo del sequestro within the meaning of Article 4 of the loi fédérale sur le droit international privé/Bundesgesetz ber das internationale Privatrecht/legge federale sul diritto internazionale privato,

— in Finland: the second, third and fourth sentences of the first paragraph of Section 1 of Chapter 10 of the Code of Judicial Procedure (oikeudenkymiskaari/rttegngsbalken),

— in Sweden: the first sentence of the first paragraph of Section 3 of Chapter 10 of the Code of Judicial Procedure (rttegngsbalken),

— in the United Kingdom: the rules which enable jurisdiction to be founded on:

(a) the document instituting the proceedings having been served on the defendant during his temporary presence in the United Kingdom, or

(b) the presence within the United Kingdom of property belonging to the defendant, or

(c) the seizure by the plaintiff of property situated in the United Kingdom.

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ANNEX II

The courts or competent authorities to which the application referred to in Article 39 of the Convention may be submitted are the following:

— in Belgium: the “tribunal de premire instance” or “rechtbank van eerste aanleg” or “erstinstanzliches Gericht”,

— in Bulgaria: the “ ”,

— in the Czech Republic: the “okresní soud” or “soudní exekutor”,

— in Denmark: the “byret”,

— in Germany:

(a) the presiding judge of a chamber of the “Landgericht”;

(b) a notary in a procedure of declaration of enforceability of an authentic instrument,

— in Estonia: the “maakohus” (county court),

— in Greece: the “ ”,

— in Spain: the “Juzgado de Primera Instancia”,

— in France:

(a) the “greffier en chef du tribunal de grande instance”;

(b) the “président de la chambre départementale des notaires”in the case of application for a declaration of enforceability of a notarial authentic instrument,

— in Ireland: the High Court,

— in Iceland:the “hérasdómur”,

— in Italy: the “corte d’appello”,

— in Cyprus: the “”or in the case of a maintenance judgment the “”,

— in Latvia: the “rajona (pilstas) tiesa”,

— in Lithuania: the “Lietuvos apeliacinis teismas”,

— in Luxembourg: the presiding judge of the “tribunal d’arrondissement”,

— in Hungary: the “megyei bíróság székhelyén mkd helyi bíróság”, and in Budapest the “Budai Kzponti Kerleti Bíróság”,

— in Malta: the “Prim’ Awla tal-Qorti ivili” or “Qorti tal-Maistrati ta’ Gawdex filurisdizzjoni superjuri tagha”, or, in the case of a maintenance judgment, the “Reistratur tal-Qorti” on transmission by the “Ministru responsabbli gall-ustizzja”,

— in the Netherlands: the “voorzieningenrechter van de rechtbank”,

— in Norway: the “tingrett”,

— in Austria: the “Bezirksgericht”,

— in Poland: the “sd okrgowy”,

— in Portugal: the “Tribunal de Comarca”,

— in Romania: the “Tribunal”,

— in Slovenia: the “okrono sodie”,

— in Slovakia: the “okresn súd”,

— in Switzerland:

(a) in respect of judgments ordering the payment of a sum of money, the “juge de lamainlevée”/“Rechtsffnungsrichter”/“giudice competente a pronunciare sul rigetto dell’opposizione”,within the framework of the procedure governed by Articles 80 and 81 of the loi fédérale sur la poursuite pour dettes et la faillite/Bundesgesetz ber Schuldbetreibung und Konkurs/legge federale sulla esecuzione e sul fallimento;

(b) in respect of judgments ordering a performance other than the payment of a sum of money, the “juge cantonal d’exequatur” compétent/zustndiger “kantonaler Vollstreckungsrichter”/“giudice cantonale” competente a pronunciare l’exequatur,

— in Finland: the “krjoikeus/tingsrtt”,

— in Sweden: the “Svea hovrtt”,

— in the United Kingdom:

(a) in England and Wales, the High Court of Justice, or in the case of a maintenance judgment, the Magistrates’ Court on transmission by the Secretary of State;

(b) in Scotland, the Court of Session, or in the case of a maintenance judgment, the Sheriff Court on transmission by the Secretary of State;

(c) in Northern Ireland, the High Court of Justice, or in the case of a maintenance judgment, the Magistrates’ Court on transmission by the Secretary of State;

(d) in Gibraltar, the Supreme Court of Gibraltar, or in the case of a maintenance judgment, the Magistrates’ Court on transmission by the Attorney General of Gibraltar.

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ANNEX III

The courts with which appeals referred to in Article 43(2) of the Convention may be lodged are the following:

— in Belgium:

(a) as regards appeal by the defendant, the “tribunal de premire instance” or “rechtbank van eerste aanleg” or “erstinstanzliche Gericht”;

(b) as regards appeal by the applicant: the “cour d’appel”or “hof van beroep”,

— in Bulgaria: the “ — ”,

— in the Czech Republic: the court of appeal through the district court,

— in Denmark: the “landsret”,

— in the Federal Republic of Germany: the “Oberlandesgericht”,

— in Estonia: the “ringkonnakohus”,

— in Greece: the “”,

— in Spain: el “Juzgado de Primera Instancia”que dictó la resolución recurrida para ser resuelto el recurso por la Audiencia Provincial,

— in France:

(a) the “cour d’appel”on decisions allowing the application;

(b) the presiding judge of the “tribunal de grande instance”, on decisions rejecting the application,

— in Ireland: the High Court,

— in Iceland: the “hérasdómur”,

— in Italy: the “corte d’appello”,

— in Cyprus: the “” or in the case of a maintenance judgment the “”,

— in Latvia: the “Apgabaltiesa” via the “rajona (pilstas) tiesa”,

— in Lithuania: the “Lietuvos apeliacinis teismas”,

— in Luxembourg: the “Cour supérieure de justice”sitting as a court of civil appeal,

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

— in Malta: the “Qorti ta’ l-Appell” in accordance with the procedure laid down for appeals in the Kodii ta’ Organizzazzjoni u Proedura ivili — Kap.12 or in the case of a maintenance judgment by “itazzjoni” before the “Prim’ Awla tal-Qorti ivili jew il-Qorti tal-Maistrati ta’ Gawdex fil-urisdizzjoni superjuri tagha”,

— in the Netherlands: the “rechtbank”,

— in Norway: the “lagmannsrett”,

— in Austria: the “Landesgericht” via the “Bezirksgericht”,

— in Poland: the “sd apelacyjny” via the “sd okrgowy”,

— in Portugal: the “Tribunal da Relao” is the competent court. The appeals are launched, in accordance with the national law in force, by way of a request addressed to the court which issued the contested decision,

— in Romania: the “Curte de Apel”,

— in Slovenia: the “okrono sodie”,

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

— in Switzerland: the “tribunal cantonal/Kantonsgericht/-tribunale cantonale”,

— in Finland: the “hovioikeus/hovrtt”,

— in Sweden: the “Svea hovrtt”,

— in the United Kingdom:

(a) in England and Wales, the High Court of Justice, or in the case of a maintenance judgment, the Magistrates’ Court;

(b) in Scotland, the Court of Session, or in the case of a maintenance judgment, the Sheriff Court;

(c) in Northern Ireland, the High Court of Justice, or in the case of a maintenance judgment, the Magistrates’ Court;

(d) in Gibraltar, the Supreme Court of Gibraltar, or in the case of a maintenance judgment, the Magistrates’ Court.

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ANNEX IV

The appeals which may be lodged pursuant to Article 44 of the Convention are the following:

— in Belgium: Greece, Spain, France, Italy, Luxembourg and in the Netherlands, an appeal in cassation,

— in Bulgaria: “ ”,

— in the Czech Republic: a “dovolání” and a “aloba pro zmatenost”,

— in Denmark: an appeal to the “hjesteret”, with the leave of the “Procesbevillingsnvnet”,

— in the Federal Republic of Germany: a “Rechtsbeschwerde”,

— in Estonia: a “kassatsioonikaebus”,

— in Ireland: an appeal on a point of law to the Supreme Court,

— in Iceland: an appeal to the “Hstiréttur”,

— in Cyprus: an appeal to the Supreme Court,

— in Latvia: an appeal to the “Augstks tiesas Sents” via the “Apgabaltiesa”,

— in Lithuania: an appeal to the “Lietuvos Aukiausiasis Teismas”,

— in Hungary: “fellvizsgálati kérelem”,

— in Malta: no further appeal lies to any other court; in the case of a maintenance judgment the “Qorti ta’ l-Appell” in accordance with the procedure laid down for appeal in the “kodii ta’ Organizzazzjoni u Procedura ivili — Kap. 12”,

— in Norway: an appeal to the “Hyesteretts Ankeutvalg” or “Hyesterett”,

— in Austria: a “Revisionsrekurs”,

— in Poland: “skarga kasacyjna”,

— in Portugal: an appeal on a point of law,

— in Romania: a “contestatie in anulare” or a “revizuire”,

— in Slovenia: an appeal to the “Vrhovno sodie Republike Slovenije”,

— in Slovakia: the “dovolanie”,

— in Switzerland: a “recours devant le Tribunal fédéral”/“Beschwerde beim Bundesgericht”/“ricorso davanti al Tribunale federale”,

— in Finland: an appeal to the “korkein oikeus/hgsta domstolen”,

— in Sweden: an appeal to the “Hgsta domstolen”,

— in the United Kingdom: a single further appeal on a point of law.

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ANNEX V

Certificate on judgments and court settlements referred to in Articles 54 and 58 of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

2.1. Name

2.2. Address

2.3. Tel/Fax/E-mail

3.1. Type of court

3.2. Place of court

4.1. Date

4.2. Reference number

4.3. The parties to the judgment/court settlement*

4.3.1. Name(s) of plaintiff(s)

4.3.2. Name(s) of defendant(s)

4.3.3. Name(s) of other party(ies), if any

4.4. Date of service of the document instituting the proceedings where judgment was given in default of appearance

4.5. Text of the judgment/court settlement* as annexed to this certificate

The judgment/court settlement* is enforceable in the State of origin (Article 38/58 of the Convention) against:

Name:

Done at.........................., date....................

Signature and/or stamp...............................

*Delete as appropriate

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ANNEX VI

Certificate on authentic instruments referred to in Article 57(4) of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

2.1. Name

2.2. Address

2.3. Tel/Fax/E-mail

3.1. Authority involved in the drawing up of the authentic instrument (if applicable)

3.1.1. Name and designation of authority

3.1.2. Place of authority

3.2. Authority which has registered the authentic instrument (if applicable)

3.2.1. Type of authority

3.2.2. Place of authority

4.1. Description of the instrument

4.2. Date

4.2.1. on which the instrument was drawn up

4.2.2. if different: on which the instrument was registered

4.3. Reference number

4.4. Parties to the instrument

4.4.1. Name of the creditor

4.4.2. Name of the debtor

The authentic instrument is enforceable against the debtor in the State of origin (Article 57(1) of the Convention).

Done at.........................., date....................

Signature and/or stamp...............................

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ANNEX VII

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

— the Treaty between the Swiss Confederation and Spain on the mutual enforcement of judgments in civil or commercial matters, signed at Madrid on 19 November 1896,

— the Convention between the Czechoslovak Republic and the Swiss Confederation on the recognition and enforcement of judgments with additional protocol, signed at Bern on 21 December 1926,

— the Convention between the Swiss Confederation and the German Reich on the recognition and enforcement of judgments and arbitration awards, signed at Berne on 2 November 1929,

— the Convention between Denmark, Finland, Iceland, Norway and Sweden on the recognition and enforcement of judgments, signed at Copenhagen on 16 March 1932,

— the Convention between the Swiss Confederation and Italy on the recognition and enforcement of judgments, signed at Rome on 3 January 1933,

— the Convention between Sweden and the Swiss Confederation on the recognition and enforcement of judgments and arbitral awards signed at Stockholm on 15 January 1936,

— the Convention between the Swiss Confederation and Belgium on the recognition and enforcement of judgments and arbitration awards, signed at Berne on 29 April 1959,

— the Convention between Austria and the Swiss Confederation on the recognition and enforcement of judgments, signed at Berne on 16 December 1960,

— the Convention between Norway and the United Kingdom providing for the reciprocal recognition and enforcement of judgments in civil matters, signed at London on 12 June 1961,

— the Convention between Norway and the Federal Republic of Germany on the recognition and enforcement of judgments and enforceable documents, in civil and commercial matters, signed at Oslo on 17 June 1977,

— the Convention between Denmark, Finland, Iceland, Norway and Sweden on the recognition and enforcement of judgments in civil matters, signed at Copenhagen on 11 October 1977, and

— the Convention between Norway and Austria on the recognition and enforcement of judgments in civil matters, signed at Vienna on 21 May 1984.

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ANNEX VIII

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

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ANNEX IX

The States and the rules referred to in Article II of Protocol 1 are the following:

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

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

— Hungary: Articles 58 to 60 of the Code of Civil Procedure (Polgári perrendtartás) concerning third-party notices,

— Switzerland, with respect to those cantons whose applicable code of civil procedure does not provide for the jurisdiction referred to in Articles 6(2) and 11 of the Convention: the appropriate provisions concerning third-party notices (litis denuntiatio) of the applicable code of civil procedure.”.