Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988

Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 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 1988 Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 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 3 of 1988 JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) ACT, 1988 ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Application of Act. 3. Conventions to have force of law. 4. Interpretation of Conventions. 5. Applications for recognition and enforcement of Community judgments. 6. Enforcement of Community judgments (other than maintenance orders). 7. Enforcement of Community maintenance orders. 8. Provisions in enforcement orders for payment of interest on judgments and payment of costs. 9. Currency of payments under Community maintenance orders. 10. Proof and admissibility of certain judgments and related translations and documents. 11. Provisional, including protective, measures. 12. Provision of certain documents by courts in the State to interested parties. 13. Domicile for purposes of 1968 Convention and Act. 14. Venue for certain proceedings instituted in Circuit Court or District Court by virtue of this Act. 15. Short title, construction and commencement. FIRST SCHEDULE Text of the 1968 Convention as amended by the 1978 Accession Convention and the 1982 Accession Convention. SECOND SCHEDULE Text of the 1971 Protocol as amended by the 1978 Accession Convention and the 1982 Accession Convention. THIRD SCHEDULE Titles V and VI of the 1978 Accession Convention. FOURTH SCHEDULE Titles V and VI of the 1982 Accession Convention. FIFTH SCHEDULE Domicile. Part I Part II Part III Part IV Part V Part VI Acts Referred to Central Bank Act, 1971 1971, No. 24 Courts (Supplemental Provisions) Acts, 1961 to 1986 Defence Act, 1954 1954, No. 18 Enforcement of Court Orders Act, 1940 1940, No. 23 European Communities Act, 1972 1972, No. 27 Family Law (Maintenance of Spouses and Children) Act, 1976 1976, No. 27 Illegitimate Children (Affiliation Orders) Act, 1930 1930, No. 17 Number 3 of 1988 JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) ACT, 1988 AN ACT TO GIVE THE FORCE OF LAW TO THE CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS (INCLUDING THE PROTOCOL ANNEXED TO THAT CONVENTION) SIGNED AT BRUSSELS ON THE 27TH DAY OF SEPTEMBER, 1968, THE PROTOCOL ON THE INTERPRETATION OF THAT CONVENTION BY THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES SIGNED AT LUXEMBOURG ON THE 3RD DAY OF JUNE, 1971, AND THE CONVENTIONS PROVIDING FOR THE ACCESSION OF THE STATE, DENMARK, THE UNITED KINGDOM AND THE HELLENIC REPUBLIC TO THAT CONVENTION AND THAT PROTOCOL AND TO PROVIDE FOR MATTERS CONSEQUENT UPON AND OTHERWISE RELATED TO THE MATTERS AFORESAID. [5th March, 1988] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Interpretation. 1.—(1) In this Act— “the 1978 Accession Convention” means the Convention on the accession to the 1968 Convention and the 1971 Protocol of the State, Denmark and the United Kingdom, signed at Luxembourg on the 9th day of October, 1978; “the 1982 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) of the Hellenic Republic, signed at Luxembourg on the 25th day of October, 1982; “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 or the 1982 Accession Convention (the State, Denmark, the United Kingdom and the Hellenic Republic), being a state in respect of which the 1978 Accession Convention has entered into force in accordance with Article 39 of that Convention or, as may be appropriate, the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention, and, where the context so allows, “Contracting State” shall be construed so as to enable this Act to have effect as respects the places as respects which the 1968 Convention has effect by virtue of Article 60; “the 1968 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to that Convention), signed at Brussels on the 27th day of September, 1968; “the Conventions” means the 1968 Convention, the 1971 Protocol, the 1978 Accession Convention and, on and from the commencement of section 3 of this Act, in so far as it relates to the 1982 Accession Convention, the 1982 Accession Convention; “court” includes a tribunal; “enforcement order” means— (a) an order made by the Master of the High Court under section 5 of this Act 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 1968 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; “the European Communities” has the same meaning as in section 1 of the European Communities Act, 1972 ; “the European Court” means the Court of Justice of the European Communities; “judgment”, except in section 2 of this Act but subject to section 6 of this Act, means a judgment or order to which, by virtue of the said section 2 , this Act 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, subject to section 6 of this Act, a judgment that is a judgment relating to maintenance (within the meaning of the 1968 Convention) in so far, but only in so far, as it provides for the making of periodic payments; “the Minister” means the Minister for Justice; “non-contracting state” means any state, country or territory other than a Contracting State; “the 1971 Protocol” means the Protocol on the interpretation of the 1968 Convention by the European Court, signed at Luxembourg on the 3rd day of June, 1971. (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 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, and (ii) after the commencement of section 3 of this Act, in so far as it relates to the 1982 Accession Convention, the 1982 Accession Convention, (b) any reference to a numbered Article is, unless the context otherwise requires, 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. (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 declaration (the text of which shall be set out in the order) has been made pursuant to Article 60 or Article IV, or a communication (the text of which shall be set out in the order) has been made pursuant to Article VI, to the Secretary-General of the Council of the European Communities. (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 declaration pursuant to Article 60 or Article IV, or, as the case may be, the communication pursuant to Article VI, 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 of Act. 2.—This Act applies to any judgment or order (by whatever name called) that is a judgment for the purposes of the 1968 Convention. Conventions to have force of law. 3.—(1) The Conventions shall have the force of law in the State and judicial notice shall be taken of them. (2) For convenience of reference there are set out in the First , Second , Third and Fourth Schedules , respectively, to this Act: (a) the 1968 Convention, as amended by Titles II and III of the 1978 Accession Convention and Titles II and III of the 1982 Accession Convention, (b) the 1971 Protocol, as amended by Title IV of the 1978 Accession Convention and Title IV of the 1982 Accession Convention, (c) Titles V and VI of the 1978 Accession Convention, (d) Titles V and VI of the 1982 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 and Article 17 of the 1982 Accession Convention. Interpretation of Conventions. 4.—(1) Judicial notice shall be taken of— (a) any ruling or decision of, or expression of opinion by, the European Court on any question as to the meaning or effect of any provision of the Conventions, and (b) the reports specified in subsection (2) of this section. (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 , and (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 , 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. Applications for recognition and enforcement of Community judgments. 5.—An application under Article 31 for the recognition or enforcement in the State of a judgment shall be made to the Master of the High Court and shall be determined by him by order (including an order for the recognition or enforcement of a judgment in part only) in accordance with the Conventions. Enforcement of Community judgments (other than maintenance orders). 6.—(1) Subject to section 8 (4) of this Act and to the restriction on enforcement contained in Article 39— (a) a judgment, other than a maintenance order, in respect of which an enforcement order has been made, shall, to the extent to which the enforcement of the judgment is authorised by the enforcement order, be of the same force and effect, and (b) for or as respects the enforcement of the judgment, the High Court shall have the same powers, and proceedings may be taken, as if the judgment was a judgment of the High Court. (2) (a) The Master of the High Court may, on application to him in that behalf by the maintenance creditor, by order declare that sums which were payable under an enforceable maintenance order, but were not paid, before the date of the making of the relevant enforcement order shall be regarded as being payable under a judgment referred to in subsection (1) of this section. (b) The Master of the High Court shall not make a declaration under paragraph (a) of this subsection unless he considers that by so doing the enforceable maintenance order concerned would be more effectively enforced as respects the sums concerned. (c) Whenever the Master of the High Court makes a declaration under paragraph (a) of this subsection, the sums to which it relates shall be deemed, for the purposes of this Act, to be payable under a judgment referred to in the said subsection (1) and not otherwise. (3) In this section “judgment” includes an instrument or settlement referred to in Title IV of the 1968 Convention. Enforcement of Community maintenance orders. 7.—(1) In this section “enforceable maintenance order” means— (a) a maintenance order as regards the enforcement of the whole of which an enforcement order has been made, or (b) in case an enforcement order has been made for the enforcement of a maintenance order in part only, the maintenance order to the extent to which it is so ordered to be enforced. (2) (a) Subject to section 8 (4) of this Act and to the restriction on enforcement contained in Article 39, the District Court shall have jurisdiction to enforce an enforceable maintenance order and— (i) for that purpose, (ii) for the purposes of section 98 (1) of the Defence Act, 1954 , and (iii) subject to the 1968 Convention, for the purpose of the variation or revocation of such an order under section 5 of the Illegitimate Children (Affiliation Orders) Act, 1930 , or section 6 of the Family Law (Maintenance of Spouses and Children) Act, 1976 , such an order shall, from the date on which the maintenance order was made, be deemed to be an order made by the District Court under section 3 of the said Illegitimate Children (Affiliation Orders) Act, 1930 , or section 5 of the said Family Law (Maintenance of Spouses and Children) Act, 1976 , as may be appropriate. (b) Paragraph (a) of this subsection shall have effect notwithstanding that any amount payable under the order concerned exceeds the maximum amount which the District Court has jurisdiction to award under the appropriate enactment mentioned in that paragraph. (3) Where an enforceable maintenance order is varied by a court in a Contracting State other than the State and an enforcement order has been made as regards the whole or part of the enforceable maintenance order as so varied or as regards the whole or part of the order effecting the variation, as the case may be, the enforceable maintenance order shall, from the date on which the variation takes effect, be enforceable in the State only as so varied. (4) Where an enforceable maintenance order is revoked by a court in a Contracting State other than the State and an enforcement order has been made as regards the order effecting the revocation, the enforceable maintenance order shall, from the date on which the revocation takes effect, cease to be enforceable in the State except in relation to any sums under the order which were payable, but were not paid, on or before that date. (5) In the case of an enforceable maintenance order— (a) any sums which were payable thereunder, but were not paid, before the date of the making of the relevant enforcement order, and (b) any costs of or incidental to the application for the said enforcement order payable by virtue of section 8 (2) of this Act, shall, subject to section 6 (2) of this Act, be regarded as being payable by virtue of an order made under section 3 of the Illegitimate Children (Affiliation Orders) Act, 1930 , or section 5 of the Family Law (Maintenance of Spouses and Children) Act, 1976 , as may be appropriate. (6) The jurisdiction vested in the District Court by this section shall be exercised by the justice of the District Court for the time being assigned to the district court district in which the maintenance debtor under the enforceable maintenance order concerned resides. (7) (a) Any sum payable by virtue of an enforceable maintenance order shall, notwithstanding anything to the contrary therein, be paid by the maintenance debtor concerned to the court clerk for the district court area in which the maintenance debtor for the time being resides for transmission to the maintenance creditor or, where a public authority has been authorised by the maintenance creditor to receive such sum, to that authority. (b) If any sum payable by virtue of an enforceable maintenance order is not duly paid and if the maintenance creditor concerned so requests in writing, the district court clerk concerned shall make an application under section 10 (which relates to the attachment of certain earnings) of the Family Law (Maintenance of Spouses and Children) Act, 1976 , or section 8 (which relates to the enforcement of certain maintenance orders) of the Enforcement of Court Orders Act, 1940 , in respect of the sum and, for that purpose, the references in the said section 8 (other than subsections (4) and (5)) to the applicant shall be construed as references to the district court clerk. (c) Nothing in this subsection shall affect the right of a maintenance creditor to institute proceedings for the recovery of any sum payable to a district court clerk under paragraph (a) of this subsection. (8) Section 8 (7) of the Enforcement of Court Orders Act, 1940 , shall not apply to proceedings for the enforcement of an enforceable maintenance order. (9) A maintenance debtor under an enforceable maintenance order shall give notice to the district court clerk for the district court area in which he has been residing of any change of his address and, if he fails without reasonable cause to do so, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500. (10) In this section a reference to a district court clerk shall, where there are two or more district court clerks for the district court area concerned, be construed as a reference to any of those clerks. (11) For the purposes of this section, the Dublin Metropolitan District shall be deemed to be a district court area. Provisions in enforcement orders for payment of interest on judgments and payment of costs. 8.—(1) Where, on an application for an enforcement order, it is shown— (a) that the relevant judgment provides for the payment of a sum of money, and (b) that, in accordance with the law of the Contracting State in which the judgment was given, interest on that sum is recoverable under the judgment at a particular rate or rates and from a particular date or time, the order, if made, shall provide that the person by whom the sum aforesaid is payable shall also be liable to pay the interest aforesaid, apart from any interest on costs recoverable by virtue of subsection (2) of this section, in accordance with the particulars noted in the order, and the amount of the interest shall be recoverable by the applicant concerned as if it was part of the sum aforesaid. (2) An enforcement order may, at the discretion of the court concerned or the Master of the High Court, as may be appropriate, provide for the payment to the applicant concerned by the respondent concerned of the reasonable costs of or incidental to the application for the order. (3) A person by whom costs recoverable by virtue of subsection (2) of this section are payable shall be liable to pay interest on the costs as if they were the subject of an order for the payment of costs made by the High Court on the date of the making of the relevant enforcement order. (4) Interest shall be payable on a sum referred to in subsection (1) of this section only as provided for by this section. Currency of payments under Community maintenance orders. 9.—(1) An amount payable in the State under a maintenance order by virtue of an enforcement order shall be paid in the currency of the State and, if the amount is stated in the maintenance order in a currency other than the currency of the State, the payment shall be made on the basis of the exchange rate prevailing, on the date of the making of the enforcement order, between that currency and the currency of the State. (2) For the purposes of this section, a certificate purporting to be signed by an officer of a bank in the State and to state the exchange rate prevailing on a specified date between a specified currency and the currency of the State shall be admissible as evidence of the facts stated in the certificate. (3) In this section “bank” means the holder of a banker's licence within the meaning of the Central Bank Act, 1971 . Proof and admissibility of certain judgments and related translations and documents. 10.—(1) For the purposes of the Conventions— (a) a document, duly authenticated, which purports to be a copy of a judgment given by a court of a Contracting State other than the State shall without further proof be deemed to be a true copy of the judgment, unless the contrary is shown; and (b) the original or a copy of any such document as is mentioned in Article 46.2 or 47 shall be admissible as evidence of any matter to which it relates. (2) A document which— (a) purports to be a translation of a judgment given by a court of a Contracting State other than the State or of a document mentioned in Article 46.2, 47 or 50 or containing a settlement referred to in Article 51, and (b) is certified as correct by a person competent to do so, shall be admissible as evidence of the translation. Provisional, including protective, measures. 11.—(1) Where— (a) proceedings have been commenced or are to be commenced in a Contracting State other than the State, and (b) they are or will be proceedings whose subject-matter is within the scope of the 1968 Convention as determined by Article 1 (whether or not the 1968 Convention has effect in relation to the proceedings), the High Court may, on application to it pursuant to Article 24, grant provisional, including protective, measures of any kind that the Court has power to grant in proceedings that, apart from this Act, are within its jurisdiction. (2) On an application under subsection (1) of this section, the High Court may refuse to grant the measures sought if, in the opinion of that Court, the fact that that Court has not jurisdiction, apart from this section, in relation to the subject-matter of the proceedings in question makes it inexpedient for that Court to grant such measures. (3) Subject to Article 39, an application to the Master of the High Court for the enforcement of a judgment and an application to the High Court for the enforcement of an instrument or settlement referred to in Title IV of the 1968 Convention may include an application for the granting of such protective measures as the High Court has power to grant in proceedings that, apart from this Act, are within its jurisdiction and, where an enforcement order is made in relation to a judgment or such an instrument or settlement, the order shall include a provision granting any such protective measures as aforesaid as are applied for as aforesaid. Provision of certain documents by courts in the State to interested parties. 12.—As respects a judgment given by a court in the State, the registrar or clerk of the court shall, at the request of an interested party and subject to any conditions that may be specified by rules of court, give to the interested party— (a) a copy of the judgment duly authenticated, (b) a certificate signed by the registrar or clerk of the court stating— (i) the nature of the proceedings, (ii) the grounds, pursuant to the 1968 Convention, on which the court assumed jurisdiction, (iii) the date on which the time for the lodging of an appeal against the judgment will expire or, if it has expired, the date on which it expired, (iv) whether notice of appeal against, or, in any case where the defendant does not appear, a notice to set aside, the judgment has been entered, (v) where the judgment is for the payment of a sum of money, the rate of interest, if any, payable on the sum and the date from which interest is payable, and (vi) such other particulars (if any) as may be specified by rules of court, and (c) in case the judgment was given in default of appearance, the original or a copy, certified by the registrar or clerk of the court to be a true copy, of a document establishing that notice of the institution of proceedings was served on the person in default. Domicile for purposes of 1968 Convention and Act. 13.—(1) Subject to Article 52, Part I of the Fifth Schedule to this Act shall apply in relation to the text in the English language of the 1968 Convention, and Part II of the said Fifth Schedule shall apply in relation to the text in the Irish language of the 1968 Convention, in order to determine for the purposes of the 1968 Convention and this Act whether an individual is domiciled in the State, in a place in the State or in a state other than a Contracting State. (2) The seat of a corporation or association shall be treated as its domicile, and Part III of the said Fifth Schedule shall apply in relation to the text in the English language of the 1968 Convention, and Part IV of the said Fifth Schedule shall apply in relation to the text in the Irish language of the 1968 Convention, in order to determine for the purposes of Article 53 of the 1968 Convention and this Act whether a corporation or association has its seat in the State, in a place in the State or in a state other than the State. (3) Part V of the said Fifth Schedule shall apply in relation to the text in the English language of the 1968 Convention, and Part VI of the said Fifth Schedule shall apply in relation to the text in the Irish language of the 1968 Convention, in order to determine for the purposes of the 1968 Convention and this Act whether a trust is domiciled in the State. (4) In this section— “association” means an unincorporated body of persons; “corporation” means a body corporate. Venue for certain proceedings instituted in Circuit Court or District Court by virtue of this Act. 14.—(1) Subject to Title II of the 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 or 14 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. (2) The jurisdiction of the Circuit Court and the District Court as respects proceedings that may be instituted in the State by virtue of Article 14 by a plaintiff domiciled in the State may be exercised as follows: (i) in the case of the Circuit Court, by the judge of the Circuit Court for the time being assigned to the circuit where the plaintiff or one of the plaintiffs ordinarily resides or carries on any profession, business or occupation, or (ii) in the case of the District Court, by the justice of the District Court for the time being assigned to the district court district in which the plaintiff or one of the plaintiffs ordinarily resides or carries on any profession, business or occupation. Short title, construction and commencement. 15.—(1) This Act may be cited as the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988. (2) The Courts (Supplemental Provisions) Acts, 1961 to 1986, and sections 5 to 8 , and 11 , 12 and 14 of this Act shall be construed together as one. (3) (a) This Act, other than section 3 in so far as it relates to the 1982 Accession Convention, shall come into operation on such day or days as the Minister shall fix by order or orders either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions. (b) Section 3 of this Act shall, in so far as it relates to the 1982 Accession Convention, come into operation on such day or days as the Minister shall fix by order or orders either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions and any day so fixed may be the same day as a day fixed under paragraph (a) of this subsection or a different day. FIRST SCHEDULE Text of the 1968 Convention as amended by the 1978 Accession Convention and the 1982 Accession Convention. Section 3 . 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 248 (2) of the law on civil procedure (Lov om rettens pleje) and Chapter 3, Article 3 of the Greenland law on civil procedure (Lov for Grønland om rettens pleje); —in the Federal Republic of Germany: Article 23 of the code of civil procedure (Zivilproze[html]ordnung); —in Greece: Article 40 of the code of civil procedure (Κώδιχας Πολιτιχής Διχονομ[html]ας); —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 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 jurisdiction Article 5 A person domiciled in a Contracting State may, in another Contracting State, be sued: 1. in matters relating to a contract, in the courts for the place of performance of the obligation in question; 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. 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. in proceedings which have as their object rights in rem in, or tenancies of, immovable property, the courts of the Contracting State in which the property is situated; 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 in writing or evidenced in writing or, in international trade or commerce, in a form which accords with practices in that trade or commerce of which the parties are or ought to have been aware. 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. 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 decline jurisdiction in favour of that court. A court which would be required to decline jurisdiction may stay its proceedings if the jurisdiction of the other court is contested. 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 in which the judgment was given, 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 in which the judgment was given based its jurisdiction. Subject to the provisions of the first paragraph, the jurisdiction of the court of the State in which the judgment was given 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 in which the judgment was given 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, the order for its enforcement has been issued 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 underret; —in the Federal Republic of Germany, to the presiding judge of a chamber of the Landgericht; —in Greece, to the Moνoμελέζ [html]ρωτoδιχείo; —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 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 Eφετείo; —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 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, 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 the United Kingdom, by a single further appeal on a point of law. Article 38 The court with which the appeal under the first paragraph of Article 37 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 in which that judgment was given 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 in which it was given 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 Eφετείo; —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 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 Scotla …