Jurisdiction of Courts and Enforcement of Judgments Act, 1993

Jurisdiction of Courts and Enforcement of Judgments Act, 1993 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1993 Jurisdiction of Courts and Enforcement of Judgments Act, 1993 Jurisdiction of Courts and Enforcement of Judgments Act, 1993 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 9 of 1993 JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS ACT, 1993 ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title, collective citation, construction and commencement. 2. “Principal Act”. PART II Amendments to Principal Act consequent on 1989 Accession Convention 3. Amendment of section 1 of Principal Act. 4. Amendment of section 4 of Principal Act. 5. Amendment of section 14 of Principal Act. 6. Texts of Conventions and 1971 Protocol. PART III Lugano Convention 7. Interpretation (Part III). 8. Application (Part III). 9. Lugano Convention to have force of law. 10. Interpretation of Lugano Convention. 11. Application of certain provisions of Principal Act. FIRST SCHEDULE Text of the 1968 Convention as amended by the 1978 Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention SECOND SCHEDULE Text of the 1971 Protocol as amended by the 1978 Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention THIRD SCHEDULE Titles V and VI of the 1978 Accession Convention as amended by the 1989 Accession Convention FOURTH SCHEDULE Titles V and VI of the 1982 Accession Convention FIFTH SCHEDULE Titles VI and VII of the 1989 Accession Convention SIXTH SCHEDULE Text of the Lugano Convention SEVENTH SCHEDULE Text of Protocol 1 Act Referred to Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 1988, No. 3 Number 9 of 1993 JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS ACT, 1993 AN ACT TO GIVE THE FORCE OF LAW TO THE CONVENTION ON THE ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC TO THE CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS AND TO THE PROTOCOL ON ITS INTERPRETATION BY THE COURT OF JUSTICE WITH THE ADJUSTMENTS MADE TO THEM BY THE CONVENTION ON THE ACCESSION OF THE KINGDOM OF DENMARK, OF IRELAND AND OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE ADJUSTMENTS MADE TO THEM BY THE CONVENTION ON THE ACCESSION OF THE HELLENIC REPUBLIC SIGNED AT SAN SEBASTIÁN ON THE 26th DAY OF MAY, 1989, TO GIVE THE FORCE OF LAW TO THE CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS (INCLUDING PROTOCOL 1 ANNEXED THERETO) SIGNED AT LUGANO ON THE 16th DAY OF SEPTEMBER, 1988, AND FOR THOSE PURPOSES TO AMEND THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) ACT, 1988 , AND TO PROVIDE FOR RELATED MATTERS. [30th May, 1993] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I Preliminary and General Short title, collective citation, construction and commencement. 1.—(1) This Act may be cited as the Jurisdiction of Courts and Enforcement of Judgments Act, 1993. (2) The Principal Act and this Act may be cited together as the Jurisdiction of Courts and Enforcement of Judgments Acts, 1988 and 1993, and shall be construed together as one. (3) This Act shall come into operation on such day or days as, by order or orders made by the Minister for Equality and Law Reform under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions. (4) An order made under subsection (3) shall be laid before each House of the Oireachtas as soon as may be after it is made. “Principal Act”. 2.—In this Act “the Principal Act” means the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 . PART II Amendments to Principal Act consequent on 1989 Accession Convention Amendment of section 1 of Principal Act. 3.—Section 1 of the Principal Act is hereby amended— (a) in subsection (1), by the substitution of the following definitions for the definitions of “Contracting State” and “the Conventions”: “‘the 1989 Accession Convention’ means the Convention on the accession to the 1968 Convention and the 1971 Protocol (as amended in each case by the 1978 Accession Convention and the 1982 Accession Convention) of the Kingdom of Spain and the Portuguese Republic signed at San Sebastián on the 26th day of May, 1989;”, “‘Contracting State’ means— (a) one of the original parties to the 1968 Convention (Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and the Netherlands), or (b) one of the parties acceding to the 1968 Convention under the 1978 Accession Convention, the 1982 Accession Convention or the 1989 Accession Convention (the State, Denmark, the United Kingdom, the Hellenic Republic, Spain and the Portuguese Republic), being a state in respect of which, as may be appropriate, the 1978 Accession Convention has entered into force in accordance with Article 39 of that Convention or the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention or the 1989 Accession Convention has entered into force in accordance with Article 32 of that Convention;”, “‘the Conventions’ means the 1968 Convention, the 1971 Protocol, the 1978 Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention;”, (b) by the substitution of the following subsection for subsection (3): “(3) In this Act, unless the context otherwise requires— (a) references to, or to any provision of, the 1968 Convention or the 1971 Protocol are references to the 1968 Convention, the 1971 Protocol or the provision, as the case may be, as amended by— (i) the 1978 Accession Convention, (ii) the 1982 Accession Convention, and (iii) the 1989 Accession Convention in so far as it is in force between the State and a state in respect of which the aforesaid Convention has entered into force in accordance with Article 32 thereof, (b) any reference to a numbered Article is a reference to the Article so numbered of the 1968 Convention and any reference to a subdivision of a numbered Article shall be construed accordingly.”, and (c) in subsection (4), by the deletion of “Article 60 or” in each place where it occurs. Amendment of section 4 of Principal Act. 4.—Section 4 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (2): “(2) The following reports (which are reproduced in the Official Journal of the European Communities), namely— (a) the reports by Mr. P. Jenard on the 1968 Convention and the 1971 Protocol1 , (b) the report by Professor Peter Schlosser on the 1978 Accession Convention2 , (c) the report by Professor Demetrios Evrigenis and Professor K. D. Kerameus on the accession of the Hellenic Republic to the 1968 Convention and the 1971 Protocol3 , and (d) the report by Mr. Almeida Cruz, Mr. Desantes Real and Mr. P. Jenard on the 1989 Accession Convention4 , may be considered by any court when interpreting any provision of the Conventions and shall be given such weight as is appropriate in the circumstances.”. Amendment of section 14 of Principal Act. 5.—Section 14 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1): “(1) Subject to Title II of the 1968 Convention, the jurisdiction of the Circuit Court as respects proceedings that may be instituted in the State by virtue of Article 2, 8.1, 11, 14 or 16 (1) (b) shall, where, apart from this subsection, that jurisdiction would be determined by reference to the place where the defendant or one of the defendants resides or carries on business, be exercised by the judge of the Circuit Court for the time being assigned to the circuit where the defendant or one of the defendants ordinarily resides or carries on any profession, business or occupation.”. Texts of Conventions and 1971 Protocol. 6.—(1) For convenience of reference there are set out in the First , Second , Third , Fourth and Fifth Schedules , respectively, to this Act: (a) the 1968 Convention, as amended by Titles II and III of the 1978 Accession Convention, Titles II and III of the 1982 Accession Convention and Titles II and III of and Annex I to the 1989 Accession Convention, (b) the 1971 Protocol, as amended by Title IV of the 1978 Accession Convention, Title IV of the 1982 Accession Convention and Title IV of the 1989 Accession Convention, (c) Titles V and VI of the 1978 Accession Convention, as amended by the 1989 Accession Convention, (d) Titles V and VI of the 1982 Accession Convention, (e) Titles VI and VII of the 1989 Accession Convention, being texts prepared from the authentic texts in the English language referred to in Articles 37 and 41 of the 1978 Accession Convention, Article 17 of the 1982 Accession Convention and Article 34 of the 1989 Accession Convention. (2) Section 3 (2) of, and the First, Second, Third and Fourth Schedules to, the Principal Act are hereby repealed. PART III Lugano Convention Interpretation ( Part III ). 7.—(1) In this Part, unless the context otherwise requires— “Contracting State” means a state in respect of which the Lugano Convention has entered into force or taken effect in accordance with Article 61 or 62; “the Lugano Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters signed at Lugano on the 16th day of September, 1988, and includes Protocol 1; “Protocol 1” means the Protocol on certain questions of jurisdiction, procedure and enforcement signed at Lugano on the 16th day of September, 1988. (2) A document purporting to be a copy of a judgment given by a court of a Contracting State shall, for the purposes of this Act, be regarded as being duly authenticated if it purports— (a) to bear the seal of that court, or (b) to be certified by a person in his capacity as a judge or officer of that court to be a true copy of a judgment given by that court. (3) In this Part, unless the context otherwise requires, a reference to a numbered Article is a reference to the Article so numbered of the Lugano Convention and a reference to a subdivision of a numbered Article shall be construed accordingly. (4) (a) The Minister for Foreign Affairs may by order declare— (i) that any state specified in the order is a Contracting State, or (ii) that a denunciation (the text of which shall be set out in the order) has been made pursuant to Article 64, a declaration (the text of which shall be set out in the order) has been made pursuant to Article Ia, Ib or IV of Protocol 1 or a communication (the text of which shall be set out in the order) has been made pursuant to Article 63 or Article VI of Protocol 1. (b) An order that is in force under this subsection shall be evidence— (i) as respects any declaration under paragraph (a) (i) therein, that any state to which the declaration relates is a Contracting State, and (ii) as respects any declaration under paragraph (a) (ii) therein, that the denunciation pursuant to Article 64, the declaration pursuant to Article Ia, Ib or IV of Protocol 1 or, as the case may be, the communication pursuant to Article 63 or Article VI of Protocol 1, to which the first mentioned declaration relates was made and of its contents. (c) The Minister for Foreign Affairs may by order amend or revoke an order under this subsection including an order under this paragraph. Application ( Part III ). 8.—Subject to Article 54B, this Part applies to any judgment or order (by whatever name called) that is a judgment for the purposes of the Lugano Convention. Lugano Convention to have force of law. 9.—(1) The Lugano Convention shall have the force of law in the State and judicial notice shall be taken of it. (2) For convenience of reference, the authentic text in the English language of the Lugano Convention referred to in Article 68 thereof and the text in that language of Protocol 1 are set out in the Sixth and Seventh Schedules to this Act. Interpretation of Lugano Convention. 10.—(1) Judicial notice shall be taken of relevant decisions delivered by courts of other Contracting States concerning provisions of the Lugano Convention and a court shall, when applying and interpreting its provisions, pay due account to the principles laid down by those decisions. (2) Judicial notice shall be taken of the report by Mr. P. Jenard and Mr. G. Möller on the Lugano Convention1 and that report may be considered by any court when interpreting any of the provisions of the Convention and shall be given such weight as is appropriate in the circumstances. Application of certain provisions of Principal Act. 11.—(1) Sections 5 to 14 (as amended by section 5 of this Act) of the Principal Act shall apply in relation to the application of the Lugano Convention in the State pursuant to section 9 of this Act as they apply in relation to the application pursuant to that Act of the Conventions (within the meaning of the Principal Act) with the following modifications and with any other necessary modifications: (a) references to a judgment, maintenance creditor, maintenance debtor, maintenance order, enforcement order and Contracting State shall be construed as references to a judgment, maintenance creditor, maintenance debtor, maintenance order, enforcement order and Contracting State within the meaning of this Part, and (b) references to numbered Articles of the 1968 Convention (within the meaning of the Principal Act) shall be construed as references to the corresponding Articles of the Lugano Convention. (2) In this section, unless the context otherwise requires— “enforcement order” means— (a) an order made by the Master of the High Court under section 5 of the Principal Act as applied by this section for the recognition or enforcement of the whole or part of a judgment, or (b) an order of the High Court for the recognition or enforcement of the whole or part of an instrument or settlement referred to in Title IV of the Lugano Convention, and includes an enforcement order made or varied on appeal from a decision of the Master of the High Court or a decision of the High Court; “judgment”, except in section 8 of this Act, means a judgment or order to which, by virtue of the said section 8 , this Part applies; “maintenance creditor” means, in relation to a maintenance order, the person entitled to the payments for which the order provides; “maintenance debtor” means, in relation to a maintenance order, the person liable to make payments under the order; “maintenance order” means a judgment that is a judgment relating to maintenance (within the meaning of the Lugano Convention) in so far, but only in so far, as it provides for the making of periodic payments. FIRST SCHEDULE Text of the 1968 Convention as amended by the 1978 Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention1 Section 6 . 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 I 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 (Kώδι[html]ας Πολιτι[html]ής Δι[html]ονομίας), —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: Article 2 and Article 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 van Burgerlijke Rechtsvordering), —in Portugal: Articles 65 (1) (c), Article 65 (2) and Article 65A (c) 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 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. 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 juristiction 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. in his capacity 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 a cargo or freight, in the court under the authority of which the cargo or freight in question: (a) has been arrested to secure such payment, or (b) could have been so arrested, but bail or other security has been given; 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 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 arising 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 5.5. 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 occurred. 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 has 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 at the time of conclusion of the contract domiciled or habitually resident 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, provided 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 Article 12.5: 1. Any loss of or damage to: (a) sea-going ships, installations situated offshore or on the high seas, or aircraft, arising from perils which relate to their use for commercial purposes, (b) goods in transit other than passengers' baggage where the transit consists of or includes carriage by such ships or aircraft; 2. Any liability, other than for bodily injury to passengers or loss of or damage to their baggage: (a) arising out of the use or operation of ships, installations or aircraft as referred to in 1. (a) above in so far as the law of the Contracting State in which such aircraft are registered does not prohibit agreements on jurisdiction regarding insurance of such risks, (b) for loss or damage caused by goods in transit as described in 1. (b) above; 3. Any financial loss connected with the use or operation of ships, installations or aircraft as referred to in 1. (a) above, in particular loss of freight or charter-hire; 4. Any risk or interest connected with any of those referred to in 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 Articles 4 and 5.5, 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 (a) in the State of the consumer's domicile the conclusion of the contract was preceded by a specific invitation addressed to him or by advertising, and (b) the consumer took in that State the steps necessary for the conclusion of the contract. 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 establishment 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. (a) in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the Contracting State in which the property is situated; (b) however, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the Contracting State in which the defendant is domiciled shall also have jurisdiction, provided that the landlord and the tenant are natural persons and are domiciled in the same Contracting State; 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: (a) in writing or evidenced in writing, or (b) in a form which accords with practices which the parties have established between themselves, or (c) in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned. 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. Agreements 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 admissibility 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 this 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 document 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 purposes 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 recognised 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 Sections 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 recognised: 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 Article 27.1 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 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 Mονομελέζ Πρωτοδιχείο, —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'arrondissement, —in the Netherlands, to the presiding judge of the arrondissementsrechtbank, —in Portugal, to the Tribunal Judicial de Cίrculo, —in the United Kingdom: 1. in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates' Court on transmission by the Secretary of State; 2. in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court on transmission by the Secretary of State; 3. in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates' Court on transmission by the Secretary of State. 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 An appeal against the decision authorizing enforcement shall be lodged in accordance with the rules governing procedure in contentious matters: —in Belgium, with the tribunal de première instance or rechtbank van eerste aanleg, —in Denmark, with the landsret, —in the Federal Republic of Germany, with the Oberlandesgericht, —in Greece, with the Eφετείο, —in Spain, with the Audiencia Provincial, —in France, with the cour d'appel, —in Ireland, with the High Court, —in Italy, with the corte d'appello, —in Luxembourg, with the Cour supérieure de justice sitting as a court of civil appeal, —in the Netherlands, with the arrondissementsrechtbank, —in Portugal, with the Tribunal da Relaçāο, —in the United Kingdom: 1. in England and Wales, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates' Court; 2. in Scotland, with the Court of Session, or in the case of a maintenance judgment with the Sheriff Court; 3. in Northern Ireland, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates' Court. The judgment given on the appeal 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 Portugal, by an appeal on a point of law, —in the United Kingdom, by a single further appeal on a point of law. 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 judgment 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 authorizing enforcement shall carry with it the power to proceed to any such protective measures. Article 40 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 Eφετείο, —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 Portugal, to the Tribunal da Relaçāο, —in the United Kingdom: 1. in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates' Court; 2. in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court; 3. in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates' Court. 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 an 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 Portugal, by an appeal on a point of law, —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. 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 Articles 46.2 and 47.2 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 it 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 the 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 instrument 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 1 June 1988 for Ireland or before 1 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 1 November 1986 for Denmark and from 1 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 10 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: (a) the claimant is domiciled in the latter State; or (b) the claim arose in the latter State; or (c) the claim concerns the voyage during which the arrest was made or could have been made; or (d) the claim arises out of a collision or out of damage caused by a ship to another ship or to goods or persons on board either ship, either by the execution or non-execution of a manoeuvre or by the non-observance of regulations; or (e) the claim is for salvage; or (f) the claim is in respect of a mortgage or hypothecation of the ship arrested. 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 subparagraphs (o), (p) or (q) of paragraph 5 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: (a) damage caused by any ship either in collision or otherwise; (b) loss of life or personal injury caused by any ship or occurring in connection with the operation of any ship; (c) salvage; (d) agreement relating to the use or hire of any ship whether by charterparty or otherwise; (e) agreement relating to the carriage of goods in any ship whether by charterparty or otherwise; (f) loss of or damage to goods including baggage carried in any ship; (g) general average; (h) bottomry; (i) towage; (j) pilotage; (k) goods or materials wherever supplied to a ship for her operation or maintenance; (l) construction, repair or equipment of any ship or dock charges and dues; (m) wages of masters, officers or crew; (n) master's disbursements, including disbursements made by shippers, charterers or agents on behalf of a ship or her owner; (o) dispute as to the title to or ownership of any ship; (p) disputes between co-owners of any ship as to the ownership, possession, employment or earnings of that ship; (q) the mortgage or hypothecation of any ship. 6. In Denmark, the expression “arrest” shall be deemed as regards the maritime claims referred to in subparagraphs (o) and (p) of paragraph 5 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 paragraph 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: —the Convention between Belgium and France on jurisdiction and the validity and enforcement of judgments, arbitration awards and authentic instruments, signed at Paris on 8 July 1899; —the Convention between Belgium and the Netherlands on jurisdiction, bankruptcy, and …