Jurisdiction of Courts and Enforcement of Judgments Act, 1998

Jurisdiction of Courts and Enforcement of Judgments Act, 1998.

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Jurisdiction of Courts and Enforcement of Judgments Act, 1998.

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 Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 52 of 1998 JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS ACT, 1998 ARRANGEMENT OF SECTIONS

PART I

Preliminary and General Section 1.

Short title and commencement.

2.

Interpretation.

3.

Texts of Conventions and Protocols.

PART II

The 1968 Convention and the Accession Conventions 4.

Interpretation of this Part.

5.

Conventions to have force of law.

6.

Interpretation of Conventions.

7.

Applications for recognition and enforcement of Community judgments.

8.

Enforcement of Community judgments by the High Court.

9.

Enforcement of Community maintenance orders by the District Court.

10.

Provisions in enforcement orders for payment of interest on judgments and payment of costs.

11.

Currency of payments under Community maintenance orders.

12.

Proof and admissibility of certain judgments, documents and related translations.

13.

Provisional, including protective, measures.

14.

Provision of certain documents by courts in the State to interested parties.

15.

Domicile for purposes of 1968 Convention and this Part.

16.

Venue for certain proceedings in Circuit Court or District Court.

PART III

The Lugano Convention 17.

Interpretation of this Part.

18.

Convention to have force of law.

19.

Interpretation of Convention.

20.

Application of certain provisions of Part II.

PART IV

Amendments and Repeals 21. “Act of 1994”.

22.

Amendment of Act of 1994.

23.

Repeals.

FIRST SCHEDULE Text (in the English and Irish languages) of the 1968 Convention as amended by the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention.

SECOND SCHEDULE Text (in the English and Irish languages) of the 1971 Protocol as amended by the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention.

THIRD SCHEDULE Text (in the English language) of Titles V and VI of the 1978 Accession Convention as amended by the 1989 Accession Convention.

FOURTH SCHEDULE Text (in the English language) of Titles V and VI of the 1982 Accession Convention.

FIFTH SCHEDULE Text (in the English language) of Titles VI and VII of the 1989 Accession Convention.

SIXTH SCHEDULE Text (in the English language) of Titles V and VI of the 1996 Accession Convention.

SEVENTH SCHEDULE Text (in the English language) of the Lugano Convention.

EIGHTH SCHEDULE Text (in the English language) of Protocol I.

NINTH SCHEDULE Domicile Acts Referred to Building Societies Act, 1989 1989, No. 17 Central Bank Acts, 1942 to 1998 Courts (Supplemental Provisions) Acts, 1961 to 1998 Defence Act, 1954 1954, No. 18 European Communities Act, 1972 1972, No. 27 Enforcement of Court Orders Act, 1940 1940, No. 23 Family Law Act, 1995 1995, No. 26 Family Law (Divorce) Act, 1996 1996, No. 33 Family Law (Maintenance of Spouses and Children) Act, 1976 1976, No. 11 Jurisdiction of Courts and Enforcement of Judgments Act, 1993 1993, No. 9 Jurisdiction of Courts and Enforcement of Judgments Acts, 1988 and 1993 Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 1988, No. 3 Maintenance Act, 1994 1994, No. 28 Status of Children Act, 1987 1987, No. 26 Trustee Savings Banks Act, 1989 1989, No 21 Number 52 of 1998 JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS ACT, 1998 AN ACT TO CONSOLIDATE THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS ACTS, 1988 AND 1993, TO GIVE THE FORCE OF LAW TO THE CONVENTION SIGNED AT BRUSSELS ON THE 29TH DAY OF NOVEMBER, 1996 ON THE ACCESSION OF THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN 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 OF THE EUROPEAN COMMUNITIES 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, BY THE CONVENTION ON THE ACCESSION OF THE HELLENIC REPUBLIC AND BY THE CONVENTION ON THE ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC AND TO PROVIDE FOR RELATED MATTERS. [23rd December, 1998] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General Short title and commencement.

1.—(1) This Act may be cited as the Jurisdiction of Courts and Enforcement of Judgments Act, 1998.

Interpretation.

2.—(1) In this Act, unless the context otherwise requires— “the Accession Conventions” means the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention; “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; “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 Sebastian on the 26th day of May, 1989; “the 1996 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, the 1982 Accession Convention and the 1989 Accession Convention) of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden, signed at Brussels on the 29th day of November, 1996; “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; “court” includes a tribunal; “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; “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; “the Minister” means the Minister for Justice, Equality and Law Reform; “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; “Protocol 1” means the protocol on certain questions of jurisdiction, procedure and enforcement, signed at Lugano on the 16th day of September, 1988.

Texts of Conventions and Protocols.

3.—(1) For convenience of reference, the following texts are set out in the Schedules: (a) in the First Schedule , the 1968 Convention as amended by— (i) Titles II and III of the 1978 Accession Convention, (ii) Titles II and III of the 1982 Accession Convention, (iii) Titles II and III of, and Annex 1 to, the 1989 Accession Convention, and (iv) Titles II and III of the 1996 Accession Convention; (b) in the Second Schedule , the 1971 Protocol as amended by— (i) Title IV of the 1978 Accession Convention, (ii) Title IV of the 1982 Accession Convention, (iii) Title IV of the 1989 Accession Convention, and (iv) Title IV of the 1996 Accession Convention; (c) in the Third Schedule , Titles V and VI of the 1978 Accession Convention as amended by the 1989 Accession Convention; (d) in the Fourth Schedule , Titles V and VI of the 1982 Accession Convention; (e) in the Fifth Schedule , Titles VI and VII of the 1989 Accession Convention; (f) in the Sixth Schedule , Titles V and VI of the 1996 Accession Convention; (g) in the Seventh Schedule , the Lugano Convention; (h) in the Eighth Schedule , Protocol 1.

PART II

The 1968 Convention and the Accession Conventions Interpretation of this Part.

4.—(1) In this Part, unless the context otherwise requires— “Contracting State” means a state— (a) which is— (i) one of the original parties to the 1968 Convention (Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and the Netherlands), or (ii) one of the parties acceding to the 1968 Convention under any of the Accession Conventions (the State, Denmark, the United Kingdom, the Hellenic Republic, the Kingdom of Spain, the Portuguese Republic, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden), and (b) respecting which— (i) the 1978 Accession Convention has entered into force in accordance with Article 39 of that Convention, (ii) the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention, (iii) the 1989 Accession Convention has entered into force in accordance with Article 32 of that Convention, or (iv) the 1996 Accession Convention has entered into force in accordance with Article 16 of that Convention, as the case may be; “the Conventions” means the 1968 Convention, the 1971 Protocol and the Accession Conventions; “enforceable maintenance order” means— (a) a maintenance order respecting all of which an enforcement order has been made, or (b) if an enforcement order has been made respecting only part of a maintenance order, the maintenance order to the extent to which it is so ordered to be enforced; “enforcement order” means an order for the recognition or enforcement of all or part of a judgment where the order— (a) is made by the Master of the High Court under section 7 , or (b) is made or varied on appeal from a decision of the Master of the High Court under section 7 or from a decision of the High Court relating to the Master’s decision; “judgment” means a judgment or order (by whatever name called) that is a judgment for the purposes of the 1968 Convention, and, except in sections 10 , 12 and 14 , includes— (a) an instrument or settlement referred to in Title IV of the 1968 Convention, and (b) an arrangement relating to maintenance obligations concluded with or authenticated by an administrative authority, as referred to in Article 10 of the 1996 Accession Convention; “maintenance” means maintenance within the meaning of the Conventions; “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 relating to maintenance.

Conventions to have force of law.

5.—The Conventions shall have the force of law in the State and judicial notice shall be taken of them.

Interpretation of Conventions.

6.—(1) Judicial notice shall be taken of— (a) a ruling or decision of, or expression of opinion by, the European Court on any question about the meaning or effect of a provision of the Conventions, and (b) the reports listed in subsection (2).

Applications for recognition and enforcement of Community judgments.

7.—(1) An application under the Conventions for the recognition or enforcement in the State of a judgment shall— (a) be made to the Master of the High Court, and (b) be determined by the Master by order in accordance with the Conventions.

Enforcement of Community judgments by the High Court.

8.—(1) Subject to section 10

Enforcement of Community maintenance orders by the District Court.

9.—(1) Subject to section 10

(12)

Section 8

Provisions in enforcement orders for payment of interest on judgments and payment of costs.

10.—(1) Where, on application for an enforcement order respecting a judgment, it is shown— (a) that the 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 enforcement order, if made, shall provide that the person liable to pay that sum shall also be liable to pay that interest, apart from any interest on costs recoverable under subsection (2), in accordance with the particulars noted in the order, and the interest shall be recoverable by the applicant as though it were part of that sum.

Currency of payments under Community maintenance orders.

11.—(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.

Proof and admissibility of certain judgments, documents and related translations.

12.—(1) For the purposes of the Conventions— (a) a document that is duly authenticated and 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 any copy of a document mentioned in Article 46.2 or 47 of the 1968 Convention shall be admissible as evidence of any matter to which the document relates.

Provisional, including protective, measures.

13.—(1) On application pursuant to Article 24 of the 1968 Convention, the High Court may grant any 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, if— (a) proceedings have been or are to be commenced in a Contracting State other than the State, and (b) the subject matter of the proceedings is within the scope of the 1968 Convention as determined by Article 1 (whether or not that Convention has effect in relation to the proceedings).

Provision of certain documents by courts in the State to interested parties.

14.—If a judgment is given by a court in the State, the registrar or clerk of that 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 duly authenticated copy of the judgment, (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 lodging 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, if the judgment was given in default of appearance, notice to set aside, the judgment has been entered, (v) if 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) any other particulars that may be specified by rules of court, and (c) if 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 this Part.

15.—(1) In order to determine for the purposes of the 1968 Convention and this Part whether an individual is domiciled in the State, in a place in the State or in a state other than a Contracting State, the following provisions shall apply: (a) Part I of the Ninth Schedule , in relation to the text in the English language of the 1968 Convention; (b) Part II of the Ninth Schedule , in relation to the text in the Irish language of the 1968 Convention.

Venue for certain proceedings in Circuit Court or District Court.

16.—(1) Subject to Title II of the 1968 Convention, the jurisdiction of the Circuit Court respecting proceedings that may be instituted in the State by virtue of Article 2, 8.1, 11, 14 or 16(1)(b) of that Convention shall be exercised by the judge of that 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.

PART III

The Lugano Convention Interpretation of this Part.

17.—(1) For the purposes of this Part, unless the context otherwise requires— “Contracting State” means a state respecting which the Lugano Convention has entered into force in accordance with Article 61 or 62 of that Convention; “enforceable maintenance order” means— (a) a maintenance order respecting all of which an enforcement order has been made, or (b) if an enforcement order has been made respecting only part of a maintenance order, the maintenance order to the extent to which it is so ordered to be enforced; “enforcement order” means an order for the recognition or enforcement of all or part of a judgment where the order— (a) is made by the Master of the High Court under section 7 as applied by this section, or (b) is made or varied on appeal from a decision of the Master of the High Court under section 7 as applied by this Part or from a decision of the High Court relating to the Master’s decision; “judgment” means a judgment or order (by whatever name called) that is a judgment for the purposes of the Lugano Convention, and, except in sections 10 , 12 and 14 as applied by this Part, includes an instrument or settlement referred to in Title IV of that Convention; “maintenance” means maintenance within the meaning of the Lugano Convention; “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 relating to maintenance.

Convention to have force of law.

18.—The Lugano Convention shall have the force of law in the State and judicial notice shall be taken of it.

Interpretation of Convention.

19.—(1) Judicial notice shall be taken of relevant decisions delivered by courts of other Contracting States concerning the provisions of the Lugano Convention, and a court shall, when interpreting and applying those provisions, pay due account to the principles laid down in those decisions.

Application of certain provisions of

Part II

.

20.—(1) Sections 7 to 16 apply in relation to the application of the Lugano Convention in the State pursuant to section 18 as they apply in relation to the application, pursuant to section 5 , of the Conventions (as defined in section 4 ) with— (a) the modifications set out in subsection (2), and (b) any other necessary modifications.

PART IV

Amendments and Repeals “Act of 1994”.

21.—In this Part, “the Act of 1994” means the Maintenance Act, 1994 .

Amendment of Act of 1994.

22.—(1) Section 3 (1) of the Act of 1994 is hereby amended by the substitution of the following definition for the definitions of “the Act of 1988” and “the Act of 1993”: “‘the Act of 1998’ means the Jurisdiction of Courts and Enforcement of Judgments Act, 1998;”.

Part II

of this Act, and the other provisions of the Act of 1998 shall apply accordingly, with any necessary modifications,”, (b) in subsection (2), by the substitution of the following for paragraphs (a) and (b): “(a) the order of the District Court shall be deemed to be an enforceable maintenance order as defined in the Act of 1998, and (b) sections 8, 9 and 10 of that Act shall apply in relation to that order, with any necessary modifications.”, and (c) by the insertion of the following subsection after subsection (9): “(9A) In subsections (1) (a) and (9) a reference to an order of, or made by, a court shall be construed as including a reference to— (a) an instrument or settlement within the meaning of the Brussels Convention as defined in Part II, and (b) an arrangement relating to maintenance obligations concluded with or authenticated by an administrative authority, as referred to in Article 10 of the 1996 Accession Convention as defined in section 2 of the Act of 1998.”.

Repeals.

23.—The following are hereby repealed: (a) the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 ; (b) the Jurisdiction of Courts and Enforcement of Judgments Act, 1993 ; (c) sections 7 (7) and 9 to 12 of the Act of 1994.

FIRST SCHEDULE Text of the 1968 Convention as amended by the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention1 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: [Plenipotentiaries designated by the Member 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:

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 (Zivilprozeβordnung), —in Greece: Article 40 of the code of civil procedure (Kώδικας Πoλιτικής Δικoνoμίας), —in France: Articles 14 and 15 of the civil code (Code civil), —in Ireland: the rules which enable jurisdiction to be founded on the document instituting the proceedings having been served on the defendant during his temporary presence in Ireland, —in Italy: Articles 2 and 4, Nos 1 and 2 of the code of civil procedure (Codice di procedura civile), —in Luxembourg: Articles 14 and 15 of the civil code (Code civil), —in Austria: Article 99 of the Law on Court Jurisdiction (Jurisdiktionsnorm), —in the Netherlands: Articles 126 (3) and 127 of the code of civil procedure (Wetbook van Burgerlijke Rechtsvordering), —in Portugal: Article 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 Finland: the second, third and fourth sentences of the first paragraph of Section 1 of Chapter 10 of the Code of Judicial Procedure (oikeudenkäymiskaari/rättegångsbalken), —in Sweden: the first sentence of the first paragraph of Section 3 of Chapter 10 of the Code of Judicial Procedure (rättegångsbalken), — in the United Kingdom: the rules which enable jurisdiction to be founded on: (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 5A person domiciled in a Contracting State may, in another Contracting State, be sued:

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

Article 6a

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

SECTION 3

Jurisdiction in Matters Relating to Insurance

Article 7

In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to the provisions of Article 4 and 5.5.

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

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 had brought against the insured.

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

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

Article 11

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

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

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

Article 12aThe following are the risks referred to in Article 12.5:

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:

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

SECTION 5

Exclusive Jurisdiction

Article 16The following courts shall have exclusive jurisdiction, regardless of domicile:

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 juridiction 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

A part 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 the Convention.

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

The provisions of the foregoing paragraph shall be replaced by those of Article 15 of the Hague Convention of 15 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 recognized in the other Contracting States without any special procedure being required.

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

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 27A judgment shall not be recognized:

Article 28

Moreover, a judgment shall not be recognized 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 321. 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 Moνoμελές Πρωτoδικεío, —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 Austria, to the Bezirksgericht, —in the Netherlands, to the presiding judge of the arrondissementsrechtbank, —in Portugal, to the Tribunal Judicial de Círculo, —in Finland, to the Käräjäoikeus/tingsrätt, — in Sweden, to the Svea hovrätt, —in the United Kingdom:

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

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 401. If the application for enforcement is refused, the applicant may appeal:

—in Belgium, to the cour d'appel or hofvan beroep, —in Denmark, to the landsret, —in the Federal Republic of Germany, to the Oberlandesgericht, —in Greece, to the Eϕετεío, —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 Austria, to the Bezirksgericht, —in the Netherlands, to the gerechtshof, —in Portugal, to the Tribunal da Relação, —in Finland, to hovioikeus/hovrätten, —in Sweden, to the Svea hovrätt, —in the United Kingdom: (a) in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court; (b) in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court; (c) in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’Court.

Article 41A 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 Austria, by a Revisionsrekurs, —in Portugal, by an appeal on a point of law, —in Finland, by an appeal to korkein oikeus/högsta domstolen, —in Sweden, by an appeal to Högsta domstolen, —in the United Kingdom, by a single further appeal on a point of law.

Article 42

Where a foreign judgment has been given in respect of several matters and enforcement cannot be authorized for all of them, the court shall authorize enforcement for one or more of them.

An applicant may request partial enforcement of a judgment.

Article 43

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

Article 44

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

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

Article 45

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

SECTION 3

Common Provisions

Article 46A party seeking recognition or applying for enforcement of a judgment shall produce:

Article 47A party applying for enforcement shall also produce:

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 provision 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 a matter, the Court shall apply its internal law.

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

Article 53

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

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

Title VI

TRANSITIONAL PROVISIONS

Article 54

The provisions of this 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.

Title VII

RELATIONSHIPS TO OTHER CONVENTIONS

Article 55

Subject to the provisions of the second subparagraph of Article 54, and of Article 56, this Convention shall, for the States which are parties to it, supersede the following conventions concluded between two or more of them: — 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 the validity and enforcement of judgments, arbitration awards and authentic instruments, signed at Brussels on 28 March 1925, —the Convention between France and Italy on the enforcement of judgments in civil and commercial matters, signed at Rome on 3 June 1930, —the Convention between the United Kingdom and the French Republic providing for the reciprocal enforcement of judgments in civil and commercial matters, with Protocol, signed at Paris on 18 January 1934, —the Convention between the United Kingdom and the Kingdom of Belgium providing for the reciprocal enforcement of judgments in civil and commercial matters, with Protocol, signed at Brussels on 2 May 1934, —the Convention between Germany and Italy on the recognition and enforcement of judgments in civil and commercial matters, signed at Rome on 9 March 1936, —the Convention between the Kingdom of Belgium and Austria on the reciprocal recognition and enforcement of judgments and authentic instruments relating to maintenance obligations, signed at Vienna on 25 October 1957, —the Convention between the Federal Republic of Germany and the Kingdom of Belgium on the mutual recognition and enforcement of judgments, arbitration awards and authentic instruments in civil and commercial matters, signed at Bonn on 30 June 1958, —the Convention between the Kingdom of the Netherlands and the Italian Republic on the recognition and enforcement of judgments in civil and commercial matters, signed at Rome on 17 April 1959, —the Convention between the Federal Republic of Germany and Austria on the reciprocal recognition and enforcement of judgments, settlements and authentic instruments in civil and commercial matters, signed at Vienna on 6 June 1959, —the Convention between the Kingdom of Belgium and Austria on the reciprocal recognition and enforcement of judgments, arbitral awards and authentic instruments in civil and commercial matters, signed at Vienna on 16 June 1959, —the Convention between the United Kingdom and the Federal Republic of Germany for the reciprocal recognition and enforcement of judgments in civil and commercial matters, signed at Bonn on 14 July 1960,

—the Convention between the United Kingdom and Austria providing for the reciprocal recognition and enforcement of judgments in civil and commercial matters, signed at Vienna on 14 July 1961, with amending Protocol signed at London on 6 March 1970, —the Convention between the Kingdom of Greece and the Federal Republic of Germany for the reciprocal recognition and enforcement of judgments, settlements and authentic instruments in civil and commercial matters, signed in Athens on 4 November 1961, — the Convention between the Kingdom of Belgium and the Italian Republic on the recognition and enforcement of judgments and other enforceable instruments in civil and commercial matters, signed at Rome on 6 April 1962, —the Convention between the Kingdom of the Netherlands and the Federal Republic of Germany on the mutual recognition and enforcement of judgments and other enforceable instruments in civil and commercial matters, signed at The Hague on 30 August 1962, —the Convention between the Kingdom of the Netherlands and Austria on the reciprocal recognition and enforcement of judgments and authentic instruments in civil and commercial matters, signed at The Hague on 6 February 1963, —the Convention between France and Austria on the recognition and enforcement of judgments and authentic instruments in civil and commercial matters, signed at Vienna on 15 July 1966, —the Convention between the United Kingdom and the Republic of Italy for the reciprocal recognition and enforcement of judgments in civil and commercial matters, signed at Rome on 7 February 1964, with amending Protocol signed at Rome on 14 July 1970, —the Convention between the United Kingdom and the Kingdom of the Netherlands providing for the reciprocal recognition and enforcement of judgments in civil matters, signed at The Hague on 17 November 1967, —the Convention between Spain and France on the recognition and enforcement of judgments and arbitration awards in civil and commercial matters, signed at Paris on 28 May 1969, —the Convention between Luxembourg and Austria on the recognition and enforcement of judgments and authentic instruments in civil and commercial matters, signed at Luxembourg on 29 July 1971, —the Convention between Italy and Austria on the recognition and enforcement of judgments in civil and commercial matters, of judicial settlements and of authentic instruments, signed at Rome on 16 November 1971, —the Convention between Spain and Italy regarding legal aid and the recognition and enforcement of judgments in civil and commercial matters, signed at Madrid on 22 May 1973,

—the Convention between Finland, Iceland, Norway, Sweden and Denmark on the recognition and enforcement of judgments in civil matters, signed at Copenhagen on 11 October 1977, —the Convention between Austria and Sweden on the recognition and enforcement of judgments in civil matters, signed at Stockholm on 16 September 1982, —the Convention between Spain and the Federal Republic of Germany on the recognition and enforcement of judgments, settlements and enforceable authentic instruments in civil and commercial matters, signed at Bonn on 14 November 1983, —the Convention between Austria and Spain on the recognition and enforcement of judgments, settlements and enforceable authentic instruments in civil and commercial matters, signed at Vienna on 17 February 1984, —the Convention between Finland and Austria on the recognition and enforcement of judgments in civil matters, signed at Vienna on 17 November 1986, and, in so far as it is in force: —the Treaty between Belgium, the Netherlands and Luxembourg on jurisdiction, bankruptcy, and the validity and enforcement of judgments, arbitration awards and authentic instruments, signed at Brussels on 24 November 1961.

Article 56

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

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

Article 57

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

Article 58

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

Article 59

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

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

Title VIII

FINAL PROVISIONS

Article 60[deleted]

Article 61

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

Article 62

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

Article 63

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

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

Article 64

The Secretary-General of the Council of the European Communities shall notify the signatory States of: (a) the deposit of each instrument of ratification; (b) the date of entry into force of this Convention; (c) [deleted] (d) any declaration received pursuant to Article IV of the Protocol; (e) any communication made pursuant to Article VI of the Protocol.

Article 65

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

Article 66

This Convention is concluded for an unlimited period.

Article 67

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

Article 68

This Convention, drawn up in a single original in the Dutch, French, German and Italian languages, all four texts being equally authentic, shall be deposited in the archives of the Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State. [Signatures of the designated plenipotentiaries] PROTOCOL The High Contracting Parties have agreed upon the following provisions, which shall be annexed to the Convention:

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

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

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

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

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

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

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

Article V The jurisdiction specified in Articles 6 (2) and 10 in actions on a warranty or guarantee or in any other third-party proceedings may not be resorted to in the Federal Republic of Germany or in Austria. Any person domiciled in another Contracting State may be sued in the courts: —of the Federal Republic of Germany, pursuant to Articles 68, 72, 73 and 74 of the code of civil procedure (Zivilprozessordnung) concerning third-party notices, —of Austria, pursuant to Article 21 of the code of civil procedure (Zivilprozessordnung) concerning third-party notices.

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

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

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

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

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

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

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

Article VI The Contracting States shall communicate to the Secretary-General of the Council of the European Communities the text of any provisions of their laws which amend either those articles of their laws mentioned in the Convention or the lists of courts specified in Section 2 of Title III of the Convention. [Signatures of the designated plenipotentiaries] Text in the Irish language of the 1968 Convention as amended by the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention1 COINBHINSIÚN ar dhlínse agus ar fhorghníomhú breithiúnas in ábhair shibhialta agus tráchtála BROLLACH TÁ NA hARDPHÁIRTITHE CONARTHACHA SA CHONRADH AG BUNÚ CHOMHPHOBAL EACNAMAÍOCHTA NA hEORPA, ÓS MIAN LEO go gcuirfear i ngníomh na forálacha in Airteagal 220 den Chonradh sin ar ghabh siad orthu féin dá mbua a áirithiú go simpleofaí na foirmiúlachtaí a bhaineann le breithiúnais ó chúirteanna nó ó bhinsí a aithint agus a fhorghníomhú go cómhalartach;

ÓS É A MIANGAS go neartófar sa Chomhphobal an chosaint dhlíthiúil ar dhaoine atá bunaithe ann;

DE BHRÍ gur gá chun na críche sin dlínse idirnáisiúnta a gcúirteanna a chinneadh, aithint a éascú agus nós imeachta gasta a thabhairt isteach chun a áirithiú go bhforghníomhófar breithiúnais, ionstraimí barántúla agus socraíochtaí cúirte;

TAR ÉIS CINNEADH ar an gCoinbhinsiún seo a chur i gcrích agus cuige sin tar éis na daoine seo a leanas a cheapadh mar Lánchumhachtaigh: (Lánchumhachtaigh arna gceapadh ag na Ballstáit) NOCH A RINNE, i dtionól na Comhairle, tar éis dóibh a lánchumhachtaí, agus iad i bhfoirm cheart chuí, a thabhairt ar aird dáchéile, COMHAONTÚ MAR A LEANAS:

TEIDEAL I RAON FEIDHME Airteagal 1 Beidh feidhm leis an gCoinbhinsiún seo in ábhair shibhialta agus tráchtála, cibé cineál cúirte nó binse a bheidh i gceist. Eisiatar ónaréim, go háirithe, cúrsaí ioncaim, custaim agus riaracháin.

Eisiatar ó fheidhm an Choinbhinsiúin:

TEIDEAL II DLÍNSE ROINN 1 Forálacha Ginearálta Airteagal 2 Faoi réir fhorálacha an Choinbhinsiúin seo, beidh daoine a bhfuil sainchónaí orthu i Stát Conarthach inagartha, cibé náisiúntacht atá acu, i gcúirteanna an Stáit sin.

Daoine nach náisiúnaigh den Stát ina bhfuil sainchónaí orthu, beidh siad faoi rialú ag na rialacha dlínse a bhaineann le náisiúnaigh an Stáit sin.

Airteagal 3 Daoine a bhfuil sainchónaí orthu i Stát Conarthach, ní féidir iad a agairt i gcúirteanna Stáit Chonarthaigh eile ach amháin de bhua na rialacha atá leagtha síos i Ranna 2 go 6 den Teideal seo.

Go háirithe ní bheidh na forálacha seo a leanas infheidhme ina gcoinne: —sa Bheilg: Airteagal 15 den chód sibhialta (Code civil — Burgerlijk Wetboek) agus Airteagal 638 den chód breithiúnach (Code judiciaire — Gerechtelijk Wetboek), —sa Danmhairg: Airteagal 246(2) agus (3) den dlí ar nós imeachta sibhialta (lov om rettens pleje), —i bPoblacht Chónaidhme na Gearmáine: Airteagal 23 de chód an nós imeachta shibhialta (Zivilprozeβordnung), —sa Ghréig: Airteagal 40 de chód an nós imeachta shibhialta (Kώδικαζ Πoλιτικήζ Δικoνoμíαζ) —sa Fhrainc: Airteagail 14 agus 15 den chód sibhialta (Code civil), —in Éirinn: na rialacha á chumasú dlínse a bhunú ar dhoiciméad tionscanta na n-imeachtaí a bheith arna sheirbheáil ar an gcosantóir le linn dó bheith in éirinn go sealadach, —san Iodáil: Airteagal 2 agus Airteagal 4, Uimh. 1 agus 2, de chód an nós imeachta shibhialta (Codice di procedura civile), —i Lucsamburg: Airteagail 14 agus 15 den chód sibhialta (Code civil), —san Ostair: Airteagal 99 den Dlí ar Dhlínse Chúirte (Jurisdiktionsnorm), —san ísiltír: Airteagal 126(3) agus Airteagal 127 de chód an nós imeachta shibhialta (Wetboek van Burgerlijke Rechtsvordering), —sa Phortaingéil: Airteagail 65(1)(c), 65(2) agus 65A(c) de chód an nós imeachta shibhialta (Código de Processo Civil) agus Airteagal 11 de chód an nós imeachta saothair (Código de Processo de Trabalho), —san Fhionlainn: an dara, an tríú agus an ceathrú habairt den chéad mhír de Roinn 1 de Chaibidil 10 de Chód an Nós Imeachta Bhreithiúnaigh (oikeudenkäymiskaari/rättegångsbalken), —sa tSualainn: an chéad abairt den chéad mír de Roinn 3 de Chaibidil 10 de Chód an Nós Imeachta Bhreithiúnaigh (rättegångsbalken), —sa Ríocht Aontaithe: na rialacha á chumasú dlínse a bhunú: (a) ar dhoiciméad tionscanta na n-imeachtaí a bheith arna sheirbheáil ar an gcosantóir le linn dó bheith sa Ríocht Aontaithe go sealadach; nó (b) ar mhaoin leis an gcosantóir a bheith sa Ríocht Aontaithe; nó (c) ar urghabháil ag an ngearánaí ar mhaoin sa Ríocht Aontaithe.

Airteagal 4 Mura bhfuil sainchónaí i Stát Conarthach ar an gcosantóir, rialófar dlínse na gcúirteanna i ngach Stát Conarthach de réir dhlí an Stáit sin, faoi réir fhorálacha Airteagal 16.

Aon duine a bhfuil sainchónaí air i Stát Conarthach, cibé náisiúntacht atá aige, féadfaidh sé, ar nós náisiúnaigh an Stáit sin, leas a bhaint sa Stát sin, i gcoinne an chosantóra sin, as na rialacha dlínse atá i bhfeidhm ann agus go háirithe as na cinn a fhoráiltear sa dara mír d'Airteagal 3.

ROINN 2 Dlínse speisialta Airteagal 5 Duine a bhfuil sainchónaí air i Stát Conarthach, féadfar é a agairt i Stát Conarthach eile:

Airteagal 6 Féadfar duine a bhfuil sainchónaí air i Stát Conarthach a agairt freisin:

Airteagal 6a Más rud é de bhua an Choinbhinsiúin seo go bhfuil dlínse ag cúirt Stáit Chonarthaigh i gcaingne maidir le dliteanas a thig as úsáid nó oibriú loinge, beidh dlínse freisin ag an gcúirt sin, nó ag aon chúirt eile a bheidh curtha ina hionad chun na críche sin le dlí intíre an Stáit sin, i gcás éilimh chun an dliteanas sin a theorannú.

ROINN 3 Dlínse in ábhair a bhaineann le hárachas Airteagal 7 In ábhair a bhaineann le hárachas, cinnfear dlínse de réir na Roinne seo, gan dochar d'fhorálacha Airteagail 4 agus 5(5).

Airteagal 8 Féadfar árachóir ar a bhfuil sainchónaí i Stát Conarthach a agairt:

Árachóir nach bhfuil sainchónaí air i Stát Conarthach ach a bhfuil brainse nó gníomhaireacht nó bunaíocht eile aige i gceann de na Stáit Chonarthacha, measfar, i gcás díospóidí a thiocfaidh ar barr de dhroim oibríochtaí an bhrainse nó na gníomhaireachta nó na bunaíochta, sainchónaí a bheith air sa Stát sin.

Airteagal 9 Féadfar fairis sin an t-árachóir a agairt sna cúirteanna don áit inar tharla an teagmhas díobhálach más é a bhíonn i gceist árachas i leith dliteanais nó árachas ar mhaoin dhochorraithe. Is é an dála céanna é má chumhdaítear maoin shochorraithe agus maoin dhochorraithe leis an bpolasaí céanna árachais agus go dtéann an teagmhas céanna chun dochair dóibh araon.

Airteagal 10 I gcás árachais i leith dliteanais, féadfar mar an gcéanna, má cheadaíonn dlí na cúirte é, an t-árachóir a uamadh in imeachtaí a thionscain an duine díobhálaithe i gcoinne an árachaí.

Beidh feidhm le forálacha Airteagail 7, 8 agus 9 i gcás caingne a thionscain an duine díobhálaithe go díreach i gcoinne an árachóra, má cheadaítear na caingne díreacha sin.

Má fhorálan an dlí maidir leis na caingne díreacha sin go bhféadfar sealbhóir an pholasaí nó an t-árachaí a uamadh mar pháirtí sa chaingean, beidh dlínse ag an gcúirt chéanna ina leith.

Airteagal 11 Gan dochar d'fhorálacha an tríú mír d'Airteagal 10, ní féidir leis an árachóir imeachtaí a thionscnamh ach amháin i gcúirteanna an Stáit Chonarthaigh ina bhfuil sainchónaí ar an gcosantóir, cibé acu sealbhóir an pholasaí nó an t-árachaí nó tairbhí é.

Ní dhéanfaidh forálacha na Roinne seo difear don cheart chun frithéileamh a thabhairt sa chúirt ina bhfuil an t-éileamh bunaidh ar feitheamh, de réir na Roinne seo.

Airteagal 12 Ní féidir imeacht ó fhorálacha na Roinne seo ach amháin trí chomhaontú i dtaobh dlínse:

Airteagal 12a Is iad seo a leanas na fiontair dá dtagraítear in Airteagal 12(5):

ROINN 4 Dlínse ar chonarthaí tomhaltais Airteagal 13 In imeachtaí maidir le conradh a chuir duine i gcrích chun críche a fhéadfar a mheas a bheith lasmuigh dá thrádáil nó dá ghairm, dá ngairtear an ‘tomhaltóir’ anseo feasta, cinnfear dlínse leis an Roinn seo, gan dochar d'fhorálacha Airteagail 4 agus 5(5), más éard é:

I gcás tomhaltóir do dhul i gconradh le páirtí nach bhfuil sainchónaí air i Stát Conarthach ach go bhfuil brainse nó gníomhaireacht nó bunaíocht eile aige i gceann de na Stáit Chonarthacha, measfar sainchónaí a bheith ar an bpáirtí sin sa Stát sin i gcás díospóidí a thiocfaidh ar barr de dhroim oibriochtaí an bhrainse nó na gníomhaireachta nó na bunaíochta.

Ní bhainfidh an Roinn seo le conarthaí iompair.

Airteagal 14 Féadfaidh tomhaltóir imeachtaí a thabhairt in aghaidh an pháirtí eile i gconradh i gcúirteanna an Stáit Chonarthaigh ina bhfuil sainchónaí ar an bpáirtí sin nó i gcúirteanna an Stáit Chonarthaigh ina bhfuil sainchónaí air féin.