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Number 52 of 1998
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———————— 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.
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
Section
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 Conven
tion 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 Con
vention.
FOURTH SCHEDULE
Text (in the English language) of Titles V and VI of the 1982
Accession Convention.
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
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 1.
NINTH SCHEDULE
Domicile
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[No. 52.] Jurisdiction of Courts and
Enforcement of Judgments Act, 1998.
Acts Referred to
Building Societies Act, 1989
Central Bank Acts, 1942 to 1998
Courts (Supplemental Provisions) Acts, 1961 to 1998
Defence Act, 1954
European Communities Act, 1972
Enforcement of Court Orders Act, 1940
Family Law Act, 1995
Family Law (Divorce) Act, 1996
Family Law (Maintenance of Spouses and Children) Act, 1976
Jurisdiction of Courts and Enforcement of Judgments Act, 1993
Jurisdiction of Courts and Enforcement of Judgments Acts, 1988 and 1993
Jurisdiction of Courts and Enforcement of Judgments
(European Communities) Act, 1988
Maintenance Act, 1994
Status of Children Act, 1987
Trustee Savings Banks Act, 1989
[1998.]
1989, No. 17
1954, No. 18
1972, No. 27
1940, No. 23
1995, No. 26
1996, No. 33
1976, No. 11
1993, No. 9
1988, No. 3
1994, No. 28
1987, No. 26
1989, No 21
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Number 52 of 1998
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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 CONVEN TION 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 COM MUNITIES 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 NORTH ERN 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 MAT TERS. [23rd December, 1998]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I
Preliminary and General
Enforcement of Judgments Act, 1998.
(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed either generally or with reference to any particular purpose or provision, and differ ent days may be so fixed for different purposes and different provisions.
‘‘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,
Short title and commencement.
Interpretation.
Pt.I S.2
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
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 Brus sels 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.
(2) In this Act, unless the context otherwise requires, a reference to, or to any provision of, the 1968 Convention or the 1971 Protocol is to the 1968 Convention, the 1971 Protocol or the provision, as amended by—
(a) the 1978 Accession Convention, (b) the 1982 Accession Convention,
(c) the 1989 Accession Convention, and
(d) the 1996 Accession Convention in so far as it is in force between the State and a state respecting which it has
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
entered into force in accordance with Article 16 of that
Convention.
(3) In this Act—
(a) a reference to a section, a Part or a Schedule is to a section or a Part of, or a Schedule to, this Act unless it is indi cated that a reference to some other enactment is intended,
(b) a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended, and
(c) a reference to an enactment is to that enactment as amended or modified by any other enactment including this Act.
(4) The collective citation ‘‘the Courts (Supplemental Provisions) Acts, 1961 to 1998’’ shall include sections 7 to 10, 13, 14 and 16 of this Act, and those Acts and those sections shall be construed together as one Act.
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.
Pt.I S.2
Texts of Conventions and Protocols.
Pt.I S.3
Interpretation of this Part.
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
(2) The texts set out in the Schedules are prepared from—
(a) in the case of the First Schedule and the Second Schedule, the authentic texts, in the English and Irish languages, referred to in Articles 37 and 41 of the 1978 Accession Convention, Article 17 of the 1982 Accession Conven tion, Article 34 of the 1989 Accession Convention and Article 18 of the 1996 Accession Convention, and
(b) in the case of the remaining Schedules, the authentic texts, in the English language, referred to in the Articles men tioned in paragraph (a) and in Article 68 of the Lugano Convention.
PART II
The 1968 Convention and the Accession Conventions
‘‘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
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
(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 enforce
ment 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 con cluded with or authenticated by an administrative auth ority, as referred to in Article 10 of the 1996 Accession Convention;
‘‘maintenance’’ means maintenance within the meaning of the Con
ventions;
‘‘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. (2) The Minister for Foreign Affairs may, by order, declare—
(a) that any state specified in the order is a Contracting State, or
(b) that a declaration has been made pursuant to Article IV of the
1968 Convention, or a communication has been made pursu ant to Article VI of that Convention, to the Secretary Gen eral of the Council of the European Communities.
(3) The text of a declaration or communication referred to in sub section (2)(b) shall be set out in the order declaring that the declar ation or communication has been made.
(4) An order that is in force under subsection (2) is—
(a) if made under subsection (2)(a), evidence that any state to which the declaration relates is a Contracting State, and
(b) if made under subsection (2)(b), evidence that the declar ation pursuant to Article IV or the communication pursu ant to Article VI was made and evidence of its contents.
(5) The Minister for Foreign Affairs may, by order, amend or revoke an order made under subsection (2) or this subsection.
Pt.II S.4
Conventions to have force of law.
Pt.II
Interpretation of
Conventions.
Applications for recognition and enforcement of Community judgments.
Enforcement of Community judgments by the High Court.
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
(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).
(2) When interpreting a provision of the Conventions, a court may consider the following reports (which are reproduced in the Official Journal of the European Communities) and shall give them the weight that is appropriate in the circumstances:
(a) the reports by Mr. P. Jenard on the 1968 Convention and the 1971 Protocol1;
(b) the report by Professor Peter Schlosser on the 1978
Accession Convention2;
(c) the report by Professor Demetrios Evrigenis and Professor K. D. Kerameus on the accession of the Hellenic Republic to the 1968 Convention and the 1971 Protocol3;
(d) the report by Mr. Almeida Cruz, Mr. Desantes Real and
Mr. P. Jenard on the 1989 Accession Convention4.
(a) be made to the Master of the High Court, and
(b) be determined by the Master by order in accordance with the Conventions.
(2) An order made by the Master of the High Court under subsec tion (1) may include an order for the recognition or enforcement of only part of a judgment.
8.—(1) Subject to section 10 (4) and to the restrictions on enforce ment contained in Article 39 of the 1968 Convention, if an enforce ment order has been made respecting a judgment—
(a) the judgment shall, to the extent to which its enforcement is authorised by the enforcement order, be of the same force and effect as a judgment of the High Court, and
(b) the High Court has the same powers respecting enforcement of the judgment, and proceedings may be taken on the judgment, as if it were a judgment of that Court.
(2) Subject to subsections (3) and (6), subsection (1) shall apply only to a judgment other than a maintenance order.
(3) On application by the maintenance creditor under an enforce able maintenance order, the Master of the High Court may, by order, declare that the following shall be regarded as being payable under a judgment referred to in subsection (1):
1OJ No. C59 of 5. 3. 1979, p. 1.
2OJ No. C59 of 5. 3. 1979, p. 71.
3OJ No. C298 of 24. 11. 1986, p. 1.
4OJ No. C189 of 28. 7. 1990, p. 35.
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
(a) sums which were payable under the maintenance order as periodic payments but were not paid before the relevant enforcement order was made;
(b) a lump sum (not being a sum referred to in paragraph (a)) which is payable under the enforceable maintenance order.
(4) A declaration shall not be made under subsection (3) unless the Master of the High Court considers that by doing so the enforce able maintenance order would be more effectively enforced respect ing any sums or sum referred to in that subsection.
(5) If a declaration is made under subsection (3), the sums or sum to which the declaration relates shall be deemed, for the purposes of this Part, to be payable under a judgment referred to in subsection (1) and not otherwise.
(6) A maintenance order shall be regarded as a judgment referred to in subsection (1) if the District Court does not have jurisdiction to enforce the order under section 9(7).
9.—(1) Subject to section 10(4) and to the restrictions on enforce ment contained in Article 39 of the 1968 Convention, the District Court shall have jurisdiction to enforce an enforceable maintenance order.
(2) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of—
(a) subsection (1),
(b) section 98(1) of the Defence Act, 1954, and
(c) subject to the 1968 Convention, the variation or discharge of that order under section 6 of the Family Law (Maintenance of Spouses and Children) Act, 1976, as amended by the Status of Children Act, 1987,
to be an order made by the District Court under section 5 or section
5A or 21A (inserted by the Status of Children Act, 1987) of the Family Law (Maintenance of Spouses and Children) Act, 1976, as may be appropriate.
(3) Subsections (1) and (2) shall apply even though an amount payable under the enforceable maintenance order exceeds the maximum amount the District Court has jurisdiction to award under the appropriate enactment mentioned in subsection (2).
(4) 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 respecting all or part of the enforceable maintenance order as so varied, or respecting all or part of the order effecting the variation, the enforceable maintenance order shall, from the date on which the variation takes effect, be enforceable in the State only as so varied.
(5) 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 respecting 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
Pt.II S.8
Enforcement of Community maintenance orders by the District Court.
Pt.II S.9
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
in relation to any sums under the order that were payable, but were not paid, on or before that date.
(6) Subject to section 8(3) to (5) of this Act, the following shall be regarded as being payable pursuant to an order made under section
5 or section 5A or 21A (inserted by the Status of Children Act, 1987)
of the Family Law (Maintenance of Spouses and Children) Act, 1976:
(a) any sums that were payable under an enforceable mainten ance order but were not paid before the date of the mak ing of the relevant enforcement order;
(b) any costs of or incidental to the application for the enforce ment order that are payable under section 10(2) of this Act.
(7) The jurisdiction vested in the District Court by this section may be exercised by the judge of that Court for the time being assigned to—
(a) if the maintenance debtor under an enforceable mainten ance order resides in the State, the district court district in which the debtor resides or carries on any profession, business or occupation, or
(b) if the maintenance debtor under an enforceable mainten ance order does not reside in the State but is in the employment of an individual residing or having a place of business in the State or of a corporation or association having its seat in the State, the district court district in which that individual resides or that corporation or association has its seat.
(8) Despite anything to the contrary in an enforceable mainten ance order, the maintenance debtor shall pay any sum payable under that order to—
(a) in the case referred to in subsection (7)(a), the district court clerk for the district court district in which the debtor for the time being resides, or
(b) in a case referred to in subsection (7)(b), a district court clerk specified by the District Court,
for transmission to the maintenance creditor under the order or, if a public authority has been authorised by the creditor to receive that sum, to that authority.
(9) If a sum payable under an enforceable maintenance order is not duly paid and if the maintenance creditor under the order so requests in writing, the district court clerk concerned shall make an application respecting that sum under—
(a) section 10 (which relates to the attachment of certain earnings) of the Family Law (Maintenance of Spouses and Children) Act, 1976, or
(b) section 8 (which relates to the enforcement of certain main
tenance orders) of the Enforcement of Court Orders Act,
1940.
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
(10) For the purposes of subsection (9)(b), a reference in section
8 of the Enforcement of Court Orders Act, 1940 (other than in sub sections (4) and (5) of that section) to an applicant shall be construed as a reference to the district court clerk.
(11) Nothing in this section shall affect the right of a maintenance creditor under an enforceable maintenance order to institute pro ceedings for the recovery of a sum payable to a district court clerk under subsection (8).
(12) Section 8(7) of the Enforcement of Court Orders Act, 1940, does not apply to proceedings for the enforcement of an enforceable maintenance order.
(13) The maintenance debtor under an enforceable maintenance order shall give notice to the district court clerk for the district court area in which the debtor has been residing of any change of address.
(14) A person who, without reasonable excuse, contravenes sub section (13) shall be guilty of an offence and shall be liable on sum mary conviction to a fine not exceeding £1,000.
(15) If there are two or more district court clerks for a district court area, a reference in this section to a district court clerk shall be construed as a reference to any of those clerks.
(16) For the purposes of this section, the Dublin Metropolitan
Area shall be deemed to be a district court area.
ing 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.
(2) An enforcement order may, at the discretion of the court con cerned or the Master of the High Court, as may be appropriate, provide for the payment to the applicant by the respondent of the reasonable costs of or incidental to the application for the enforce ment order.
(3) A person required by an enforcement order to pay costs 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 the enforcement order was made.
(4) Interest shall be payable on a sum referred to in subsection (1)
only as provided for in this section.
Pt.II S.9
Provisions in enforcement orders for payment of interest on judgments and payment of costs.
Pt.II
Currency of payments under Community maintenance orders.
Proof and admissibility of certain judgments, documents and related translations.
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
(2) If the amount referred to in subsection (1) is stated in the maintenance order in a currency other than that of the State, the payment shall be made on the basis of the exchange rate prevailing, on the date the enforcement order is made, between the currency of the State and the other currency.
(3) For the purposes of this section, a certificate purporting to be signed by an officer of an authorised institution and to state the exchange rate prevailing on a specified date between a specified cur rency and the currency of the State shall be admissible as evidence of the facts stated in the certificate.
(4) In this section, ‘‘authorised institution’’ means any of the following:
(a) a body licensed under the Central Bank Acts, 1942 to 1998, or authorised under regulations made under the Euro pean Communities Act, 1972, to carry on banking business;
(b) a building society incorporated or deemed to be incorpor
ated under section 10 of the Building Societies Act, 1989;
(c) a society licensed under section 10 of the Trustee Savings Banks Act, 1989, to carry on the business of a trustee savings bank;
(d) An Post;
(e) ACC Bank public limited company; (f) ICC Bank public limited company.
(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.
(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 judge or officer of that court to be a true copy of a judgment given by that court.
(3) A document shall be admissible as evidence of a translation if—
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
(a) it purports to be the translation of—
(i) a judgment given by a court of a Contracting State other than the State,
(ii) a document mentioned in Article 46.2, 47 or 50 of the
1968 Convention, or
(iii) a document containing a settlement referred to in Article 51 of the 1968 Convention or containing an arrangement referred to in Article 10 of the 1996
Accession Convention, and
(b) it is certified as correct by a person competent to do so.
(a) proceedings have been or are to be commenced in a Con
tracting 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).
(2) On an application under subsection (1), the High Court may refuse to grant the measures sought if, in its opinion, the fact that, apart from this section, that Court does not have jurisdiction in relation to the subject matter of the proceedings makes it inexpedi ent for it to grant those measures.
(3) Subject to Article 39 of the 1968 Convention, an application to the Master of the High Court for an enforcement order respecting a judgment may include an application for any protective measures the High Court has power to grant in proceedings that, apart from this Act, are within its jurisdiction.
(4) Where an enforcement order is made, the Master of the High Court shall grant any protective measures referred to in subsection (3) that are sought in the application for the enforcement order.
(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,
Pt.II S.12
Provisional, including protective, measures.
Provision of certain documents by
courts in the State to interested parties.
Pt.II S.14
Domicile for purposes of 1968
Convention and this
Part.
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
(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 orig inal 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.
(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.
(2) The seat of a corporation or association shall be treated as its domicile and in order to determine for the purposes of Article 53 of the 1968 Convention and this Part whether a corporation or associ ation has its seat 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 III of the Ninth Schedule, in relation to the text in the
English language of the 1968 Convention;
(b) Part IV of the Ninth Schedule, in relation to the text in the
Irish language of the 1968 Convention.
(3) In order to determine for the purposes of the 1968 Convention and this Part whether a trust is domiciled in the State the following provisions shall apply:
(a) Part V of the Ninth Schedule, in relation to the text in the
English language of the 1968 Convention;
(b) Part VI of the Ninth Schedule, in relation to the text in the
Irish language of the 1968 Convention.
(4) In this section—
‘‘association’’ means an unincorporated body of persons;
‘‘corporation’’ means a body corporate.
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
16.—(1) Subject to Title II of the 1968 Convention, the juris diction 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, busi ness or occupation.
(2) Subsection (1) shall apply where, apart from that subsection, the Circuit Court’s jurisdiction would be determined by reference to the place where the defendant resides or carries on business.
(3) The jurisdiction of the Circuit Court or District Court respect ing proceedings that may be instituted in the State by virtue of Article 14 of the 1968 Convention by a plaintiff domiciled in the State may be exercised as follows:
(a) 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 car ries on any profession, business or occupation;
(b) in the case of the District Court, by the judge of the District Court for the time being assigned to the district court district in which the plaintiff or one of the plaintiffs ordi narily resides or carries on any profession, business or occupation.
PART III
The Lugano Convention
wise requires—
‘‘Contracting State’’ means a state respecting which the Lugano Con vention 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 enforce
ment 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 Mas ter’s decision;
‘‘judgment’’ means a judgment or order (by whatever name called)
that is a judgment for the purposes of the Lugano Convention, and,
Pt.II
Venue for certain proceedings in Circuit Court or District Court.
Interpretation of this Part.
Pt.III S.17
Convention to have force of law.
Interpretation of
Convention.
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
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. (2) The Minister for Foreign Affairs may, by order, declare—
(a) that any state specified in the order is a Contracting State, or
(b) that—
(i) a denunciation has been made pursuant to Article 64 of the Lugano Convention,
(ii) a declaration has been made pursuant to Article Ia, Ib, or IV of Protocol 1, or
(iii) a communication has been made pursuant to Article
63 of the Lugano Convention or Article VI of Proto
col 1.
(3) The text of a denunciation, declaration or communication referred to in subsection (2)(b) shall be set out in the order declaring that the denunciation, declaration or communication has been made.
(4) An order that is in force under subsection (2) shall be—
(a) if made under subsection (2)(a), evidence that any state to which the declaration relates is a Contracting State, and
(b) if made under subsection (2)(b), evidence that the denunci ation, declaration or communication, the text of which is set out in the order, was made and evidence of its contents.
(5) The Minister for Foreign Affairs may, by order, amend or revoke an order made under subsection (2) or this subsection.
(6) The definition of ‘‘judgment’’ in subsection (1) shall not be construed to limit the effect of Article 54b of the Lugano Convention.
State and judicial notice shall be taken of it.
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
(2) Judicial notice shall be taken of the report prepared by Mr. P. Jenard and Mr. G. Mo¨ ller on the Lugano Convention1, and, when interpreting any provision of that Convention, a court may consider that report and shall give it the weight that is appropriate in the circumstances.
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 Conven tions (as defined in section 4) with—
(a) the modifications set out in subsection (2), and
(b) any other necessary modifications. (2) For the purposes of subsection (1),
(a) a reference in sections 7 to 16 to a numbered Article or Title of the 1968 Convention shall be construed as a reference to the corresponding Article or Title of the Lugano Convention,
(b) a reference in sections 7 to 16 to an instrument or settlement shall be construed as a reference to an instrument or settlement referred to in Title IV of the Lugano Conven tion, and
(c) a reference in sections 7 to 16 to a term defined in section
17 shall be construed in accordance with that section.
PART IV
Amendments and Repeals
1994.
‘‘ ‘the Act of 1998’ means the Jurisdiction of Courts and Enforce
ment of Judgments Act, 1998;’’.
(2) Section 4 (2) of the Act of 1994 (as amended by section 45 (b) of the Family Law Act, 1995, and section 53 (b) of the Family Law (Divorce) Act, 1996) is hereby amended by the substitution of the following paragraph for paragraph (a):
‘‘(a) For the purposes of section 8 of the Enforcement of Court Orders Act, 1940, the Act of 1976, the Act of 1995, the Act of 1996, the Act of 1998 and this Act, the Central Authority shall have authority to act on behalf of a main tenance creditor or of a claimant, as defined in section 13 (1), and references in those enactments to a maintenance creditor or to such a claimant shall be construed as including references to the Central Authority.’’.
1OJ No. C189 of 28. 7. 1990, p. 57.
Pt.III S.19
Application of certain provisions of Part II.
‘‘Act of 1994’’.
Amendment of Act of 1994.
Pt.IV S.22
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
(3) Section 5 of the Act of 1994 is hereby amended by the substi
tution of ‘‘Jurisdiction of Courts and Enforcement of Judgments Act,
1998’’ for ‘‘Jurisdiction of Courts and Enforcement of Judgments
Acts, 1988 and 1993’’.
(4) Section 6 of the Act of 1994 is hereby amended—
(a) in subsection (1) by the substitution of the following defini tions for the definitions of ‘‘the Brussels Convention’’, and ‘‘the Lugano Convention’’ respectively:
‘‘‘the Brussels Convention’ means— (a) the 1968 Convention, and
(b) the Accession Conventions,
as defined in the Act of 1998, and a reference to an Article of the Brussels Convention shall be construed as including a reference to the corresponding Article of the Lugano Convention;’’,
‘‘ ‘the Lugano Convention’ has the meaning assigned to it by the Act of 1998;’’,
(b) in subsection (1) in the definition of ‘‘reciprocating juris diction’’, by the substitution of ‘‘the Act of 1998’’ for ‘‘the Acts of 1988 and 1993’’, and
(c) in subsection (2)(a), by the substitution of ‘‘the Act of 1998’’
for ‘‘the Acts of 1988 and 1993’’.
(5) Section 7 (1) of the Act of 1994 is hereby amended by the substitution of ‘‘in accordance with section 7 of the Act of 1998’’ for
‘‘in accordance with section 5 of the Act of 1988’’.
(6) Section 14 of the Act of 1994 is hereby amended—
(a) in subsection (1), by the substitution of the following for paragraph (a):
‘‘(a) if the request is accompanied by an order of a court in a Contracting State (as defined in the Act of 1998), transmit the request to the Master of the High Court for determination in accordance with section 7 of the Act of 1998 and 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):
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
‘‘(9A) In subsections (1) (a) and (9) a reference to an order of, or made by, a court shall be construed as includ ing 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.’’.
(7) Section 20 (1) of the Act of 1994 is hereby amended by the substitution of ‘‘the Act of 1998’’ for ‘‘the Act of 1988’’.
(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.
Pt.IV S.22
Repeals.
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
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
on jurisdiction and the enforcement of judgments in civil and com
mercial 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 enforce ment 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 pow
ers, found in good and due form,
HAVE AGREED AS FOLLOWS: Title I SCOPE Article 1
This Convention shall apply in civil and commercial matters what ever the nature of the court or tribunal. It shall not extend, in par ticular, 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, com positions and analogous proceedings;
3. social security;
4. arbitration.
1OJ No. C 27 of 26.1.1998, p.1.
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[1998.] |
Jurisdiction of Courts and Enforcement of Judgments Act, 1998. |
[No. 52.] | |
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Title II |
Sch. 1 | ||
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JURISDICTION | |||
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SECTION 1 | |||
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General Provisions | |||
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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 domi ciled 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 (Zivilprozefordnung),
—in Greece: Article 40 of the code of civil procedure (Kw´ dikaV Politikh´ V Δikonomi´aV),
—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 pro
cedure (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 (Wetboek van Burgerlijke Rechtsvordering),
—in Portugal: Article 65 (1) (c), Article 65 (2) and Article 65A (c) of the code of civil procedure (Co´ digo de Processo Civil) and Article 11 of the code of labour procedure (Co´ digo 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 (oikeudenka¨ ymiskaari/ra¨ ttega˚ ngsbalken),
—in Sweden: the first sentence of the first paragraph of Section 3 of Chapter 10 of the Code of Judicial Procedure (ra¨ ttega˚ ngsbalken),
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—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 juris diction 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 Con tracting 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 Con
tracting State, be sued:
1. in matters relating to a contract, in the courts for the place of performance of the obligation in question; in matters relating to individual contracts of employment, this place is that where the employee habitually carries out his work, or if the employee does not habitually carry out his work in any one country, the employer may also be sued in the courts for the place where the business which engaged the employee was or is now situated;
2. in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resi dent 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 juris diction 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 juris diction 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. as settlor, trustee or beneficiary of a trust created by the oper
ation of a statute, or by a written instrument, or created orally
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
and evidenced in writing, in the courts of the Contracting State Sch.1 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 counterclaim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;
4. in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court of the Con tracting State in which the property is situated.
Article 6a
Where by virtue of this Convention a court of a Contracting State has jurisdiction in actions relating to liability from the use or oper ation 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 8
An insurer domiciled in a Contracting State may be sued:
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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 prop erty, 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 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 domiciled in the same Contracting State, and which has the effect of conferring jurisdiction on the courts of
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
that State even if the harmful event were to occur abroad, pro- Sch.1 vided 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 compul sory 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 particu lar 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 pro fession, hereinafter called ‘the consumer’, jurisdiction shall be deter mined 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
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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 estab lishment, 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 Con tracting State, and which confers jurisdiction on the courts of that State, provided that such an agreement is not contrary to the law of that State.
SECTION 5
Exclusive Jurisdiction
Article 16
The following courts shall have exclusive jurisdiction, regardless of domicile:
1. (a) in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the Contracting State in which the property is situated;
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
(b) however, in proceedings which have as their object tenanc- Sch.1 ies of immovable property concluded for temporary private
use for a maximum period of six consecutive months, the courts of the Contracting State in which the defendant is domiciled shall also have jurisdiction, provided that the landlord and the tenant are natural persons and are domi ciled in the same Contracting State;
2. in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, or the decisions of their organs, the courts of the Contracting State in which the company, legal person or association has its seat;
3. in proceedings which have as their object the validity of entries in public registers, the courts of the Contracting State in which the register is kept;
4. in proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, the courts of the Contracting State in which the deposit or registration has been applied for, has taken place or is under the terms of an international con vention deemed to have taken place;
5. in proceedings concerned with the enforcement of judgments, the courts of the Contracting State in which the judgment has been or is to be enforced.
SECTION 6
Prorogation of Jurisdiction
Article 17
If the parties, one or more of whom is domiciled in a Contracting State, have agreed that a court or the courts of a Contracting State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall have exclusive jurisdiction. Such an agreement conferring jurisdiction shall be either:
(a) in writing or evidenced in writing; or
(b) in a form which accords with practices which the parties have established between themselves; or
(c) in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned.
Where such an agreement is concluded by parties, none of whom is domiciled in a Contracting State, the courts of other Contracting States shall have no jurisdiction over their disputes unless the court or courts chosen have declined jurisdiction.
The court or courts of a Contracting State on which a trust instru ment has conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if
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relations between these persons or their rights or obligations under the trust are involved.
Agreements or provisions of a trust instrument conferring juris diction 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 agree ment 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 speci fied in Article 5.1.
Article 18
Apart from jurisdiction derived from other provisions of this Con vention, 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 appear ance, the court shall declare of its own motion that it has no juris diction 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.
[1998.] Jurisdiction of Courts and [No. 52.]
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SECTION 8 Sch.1
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 Con tracting 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 Con tracting 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 appli cation 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 juris diction 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, what ever 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.
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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 pro cedures 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 recogni tion, that court shall have jurisdiction over that question.
Article 27
A judgment shall not be recognized:
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 dis pute between the same parties in the State in which recognition is sought;
4. if the court of the State of origin, in order to arrive at its judgment, has decided a preliminary question concerning the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills or succession in a way that conflicts with a rule of the private international law of the State in which the recognition is sought, unless the same result would have been reached by the application of the rules of private international law of that State;
5. if the judgment is irreconcilable with an earlier judgment given in a non-contracting State involving the same cause of action and between the same parties, provided that this latter judgment fulfils the conditions necessary for its recognition in the State addressed.
Article 28
Moreover, a judgment shall not be 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
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public policy referred to in Article 27.1 may not be applied to the Sch.1 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 pro ceedings 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 regis tered for enforcement in that part of the United Kingdom.
Article 32
1. The application shall be submitted:
—in Belgium, to the tribunal de premie`re 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 Monomele´ V Prwtodikei´o,
—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’arrond
issement,
—in Austria, to the Bezirksgericht,
—in the Netherlands, to the presiding judge of the arrondisse
mentsrechtbank,
—in Portugal, to the Tribunal Judicial de C´ırculo,
—in Finland, to the Ka¨ ra¨ ja¨ oikeus/tingsra¨ tt,
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—in Sweden, to the Svea hovra¨ tt,
—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 main tenance 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.
2. 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 represen tative 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 speci
fied 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,
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either on him in person or at his residence. No extension of time Sch.1 may be granted on account of distance.
Article 37
1. An appeal against the decision authorizing enforcement shall be lodged in accordance with the rules governing procedure in con tentious matters:
—in Belgium, with the tribunal de premie`re instance or rechtbank van eerste aanleg,
—in Denmark, with the landsret,
—in the Federal Republic of Germany, with the Oberlan
desgericht,
—in Greece, with the Efetei´o,
—in Spain, with the Audiencia Provincial,
—in France, with the cour d’appel,
—in Ireland, with the High Court,
—in Italy, with the corte d’appello,
—in Luxembourg, with the Cour supe´rieure de justice sitting as a court of civil appeal,
—in Austria, with the Bezirksgericht,
—in the Netherlands, with the arrondissementsrechtbank,
—in Portugal, with the Tribunal da Relac¸a˜ o,
—in Finland, with the hovioikeus / hovra¨ tt,
—in Sweden, with the Svea hovra¨ tt,
—in the United Kingdom:
(a) in England and Wales, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates’ Court;
(b) in Scotland, with the Court of Session, or in the case of a maintenance judgment with the Sheriff Court;
(c) in Northern Ireland, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates’ Court.
2. The judgment given on the appeal may be contested only:
—in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,
—in Denmark, by an appeal to the højesteret, with the leave of the
Minister of Justice,
—in the Federal Republic of Germany, by a Rechtsbeschwerde,
—in Austria, in the case of an appeal, by a Revisionsrekurs and, in the case of opposition proceedings, by a Berufung with the possibility of a revision,
—in Ireland, by an appeal on a point of law to the Supreme Court,
—in Portugal, by an appeal on a point of law,
—in Finland, by an appeal to korkein oikeus/ ho¨ gsta domstolen,
—in Sweden, by an appeal to Ho¨ gsta domstolen,
—in the United Kingdom, by a single further appeal on a point of law.
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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 pro
vision 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 enforce ment 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
1. 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 Efetei´o,
—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 supe´rieure 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 Relac¸a˜ o,
—in Finland, to hovioikeus/hovra¨ tten,
—in Sweden, to the Svea hovra¨ tt,
—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.
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2. The party against whom enforcement is sought shall be sum- Sch.1 moned to appear before the appellate court. If he fails to appear, the provisions of the second and third paragraphs of Article 20 shall
apply even where he is not domiciled in any of the Contracting
States.
Article 41
A judgment given on an appeal provided for in Article 40 may be contested only:
—in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,
—in Denmark, by an appeal to the højesteret, with the leave of the
Minister of Justice,
—in the Federal Republic of Germany, by a Rechtsbeschwerde,
—in Ireland, by an appeal on a point of law to the Supreme Court,
—in Austria, by a Revisionsrekurs,
—in Portugal, by an appeal on a point of law,
—in Finland, by an appeal to korkein oikeus/ho¨ gsta domstolen,
—in Sweden, by an appeal to Ho¨ gsta 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 deter mined by the courts of the State of origin.
Article 44
An applicant who, in the State of origin, has benefited from com plete 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
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is a foreign national or that he is not domiciled or resident in the
State in which enforcement is sought.
SECTION 3
Common Provisions
Article 46
A party seeking recognition or applying for enforcement of a judgment shall produce:
1. a copy of the judgment which satisfies the conditions necessary to establish its authenticity;
2. in the case of a judgment given in default, the original or a certified true copy of the document which establishes that the party in default was served with the document instituting the proceedings or with an equivalent document.
Article 47
A party applying for enforcement shall also produce:
1. documents which establish that, according to the law of the State of origin, the judgment is enforceable and has been served;
2. where appropriate, a document showing that the applicant is in receipt of legal aid in the State of origin.
Article 48
If the documents specified in Articles 46.2 and 47.2 are not pro duced, the court may specify a time for their production, accept equivalent documents or, if it considers that it has sufficient infor mation 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 appoint ing 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 enforce ment of the instrument is contrary to public policy in the State addressed.
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The instrument produced must satisfy the conditions necessary to Sch.1 establish its authenticity in the State of origin.
The provisions of Section 3 of Title III shall apply as appropriate.
Article 51
A settlement which has been approved by a court in the course of proceedings and is enforceable in the State in which it was concluded shall be enforceable in the State addressed under the same con ditions as authentic instruments.
Title V GENERAL PROVISIONS Article 52
In order to determine whether a party is domiciled in the Con tracting 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 domi ciled 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 Con tracting 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 pro ceedings instituted and to documents formally drawn up or registered as authentic instruments after its entry into force in the State of ori gin and, where recognition or enforcement of a judgment or auth entic 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
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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 exer cise jurisdiction in the dispute.
Article 54a
For a period of three years from 1 November 1986 for Denmark and from 1 June 1988 for Ireland, jurisdiction in maritime matters shall be determined in these States not only in accordance with the provisions of Title II, but also in accordance with the provisions of paragraphs 1 to 6 following. However, upon the entry into force of the International Convention relating to the arrest of sea-going ships, signed at Brussels on 10 May 1952, for one of these States, these provisions shall cease to have effect for that State.
1. A person who is domiciled in a Contracting State may be sued in the courts of one of the States mentioned above in respect of a maritime claim if the ship to which the claim relates or any other ship owned by him has been arrested by judicial process within the territory of the latter State to secure the claim, or could have been so arrested there but bail or other security has been given, and either:
(a) the claimant is domiciled in the latter State; or
(b) the claim arose in the latter State; or
(c) the claim concerns the voyage during which the arrest was made or could have been made; or
(d) the claim arises out of a collision or out of damage caused by a ship to another ship or to goods or persons on board either ship, either by the execution or non-execution of a manoeuvre or by the non-observance of regulations; or
(e) the claim is for salvage; or
(f) the claim is in respect of a mortgage or hypothecation of the ship arrested.
2. A claimant may arrest either the particular ship to which the maritime claim relates, or any other ship which is owned by the per son who was, at the time when the maritime claim arose, the owner of the particular ship. However, only the particular ship to which the maritime claim relates may be arrested in respect of the maritime claims set out in subparagraphs (o), (p) or (q) of paragraph 5 of this Article.
3. Ships shall be deemed to be in the same ownership when all the shares therein are owned by the same person or persons.
4. When in the case of a charter by demise of a ship the charterer alone is liable in respect of a maritime claim relating to that ship, the claimant may arrest that ship or any other ship owned by the char terer, but no other ship owned by the owner may be arrested in respect of such claim. The same shall apply to any case in which a person other than the owner of a ship is liable in respect of a mari time claim relating to that ship.
5. The expression ‘maritime claim’ means a claim arising out of one or more of the following:
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(a) damage caused by any ship either in collision or otherwise; Sch.1
(b) loss of life or personal injury caused by any ship or occurring in connection with the operation on any ship;
(c) salvage;
(d) agreement relating to the use or hire of any ship whether by charterparty or otherwise;
(e) agreement relating to the carriage of goods in any ship whether by charterparty or otherwise;
(f) loss of or damage to goods including baggage carried in any ship;
(g) general average; (h) bottomry;
(i) towage; (j) pilotage;
(k) goods or materials wherever supplied to a ship for her oper
ation or maintenance;
(l) construction, repair or equipment of any ship or dock charges and dues;
(m) wages of masters, officers or crew;
(n) master’s disbursements, including disbursements made by shippers, charterers or agents on behalf of a ship or her owner;
(o) dispute as to the title to or ownership of any ship;
(p) disputes between co-owners of any ship as to the ownership, possession, employment or earnings of that ship;
(q) the mortgage or hypothecation of any ship.
6. In Denmark, the expression ‘arrest’ shall be deemed as regards the maritime claims referred to in subparagraphs (o) and (p) of para graph 5 of this Article, to include a ‘forbud’, where that is the only procedure allowed in respect of such a claim under Articles 646 to
653 of the law on civil procedure (lov om rettens pleje).
Title VII
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:
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—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 juris diction, 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 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 enforce ment of judgments, arbitration awards and authentic instru ments 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 commer cial 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 pro viding 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 Fed eral Republic of Germany for the reciprocal recognition and enforcement of judgments, settlements and authentic instru ments in civil and commercial matters, signed in Athens on 4
November 1961,
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—the Convention between the Kingdom of Belgium and the Ital- Sch.1 ian Republic on the recognition and enforcement of judgments
and other enforceable instruments in civil and commercial mat
ters, 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 recog nition 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 com mercial 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 Stock holm on 16 September 1982,
—the Convention between Spain and the Federal Republic of Ger many on the recognition and enforcement of judgments, settle ments and enforceable authentic instruments in civil and com mercial 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,
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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 con tinue 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 instru ments before the entry into force of this Convention.
Article 57
1. This Convention shall not affect any conventions to which the Contracting States are or will be parties and which in relation to particular matters, govern jurisdiction or the recognition or enforce ment of judgments.
2. With a view to its uniform interpretation, pargraph 1 shall be applied in the following manner:
(a) this Convention shall not prevent a court of a Contracting State which is a party to a convention on a particular matter from assuming jurisdiction in accordance with that Convention, even where the defendant is domiciled in another Contracting State which is not a party to that Convention. The court hearing the action shall, in any event, apply Article 20 of this Convention;
(b) judgments given in a Contracting State by a court in the exercise of jurisdiction provided for in a convention on a particular matter shall be recognized and enforced in the other Contracting State in accordance with this Convention.
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.
3. This Convention shall not affect the application of provisions which, in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments and which are or will be contained in acts of the institutions of the European Communities or in national laws harmonized in implementation of such acts.
Article 58
Until such time as the Convention on jurisdiction and the enforce ment 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.
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Article 59 Sch.1
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 seiz ure by the plaintiff of property situated there:
1. if the action is brought to assert or declare proprietary or pos sessory rights in that property, seeks to obtain authority to dis pose of it, or arises from another issue relating to such property, or
2. if the property constitutes the security for a debt which is the subject-matter of the action.
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-Gen eral 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 implemen tation 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 conven tion 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 Communi
ties shall notify the signatory States of:
(a) the deposit of each instrument of ratification;
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(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 Conven tion. 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 pro
visions, 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 pros ecuted 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.
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However, the court seised of the matter may order appearance in Sch.1 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 declar ation to the Secretary-General of the Council of the European Com munities, 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 (betalningsfo¨ rela¨ ggande) and assistance (handra¨ ckning), the expression ‘‘court’’ includes the ‘‘Swedish enforcement service’’ (kronofogdemyndighet).
Sch.1
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
Article Vb
In proceedings involving a dispute between the master and a mem ber of the crew of a sea-going ship registered in Denmark, in Greece, in Ireland or in Portugal, concerning remuneration or other con ditions 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 juris diction 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 Con vention, operate as if ‘residence’ in that text were the same as ‘domi cile’ 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 pro ceedings 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 Euro pean 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-Gen eral 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]
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
Text in the Irish language of the 1968 Convention as amended by Sch.1 the 1978 Accession Convention, the 1982 Accession Convention, the
1989 Accession Convention and the 1996 Accession Convention1
TA´
NA hARDPHA´ IRTITHE CONARTHACHA SA CHON
RADH AG BUNU´
hEORPA,
CHOMHPHOBAL EACNAMAI´OCHTA NA
O´ S MIAN LEO go gcuirfear i ngnı´omh na fora´ lacha in Airteagal
220 den Chonradh sin ar ghabh siad orthu fe´ in da´ mbua a a´ irithiu´ go simpleofaı´ na foirmiu´ lachtaı´ a bhaineann le breithiu´ nais o´ chu´ irt eanna no´ o´ bhinsı´ a aithint agus a fhorghnı´omhu´ go co´ mhalartach;
O´ S E´
A MIANGAS go nearto´ far sa Chomhphobal an chosaint
dhlı´thiu´ il ar dhaoine ata´ bunaithe ann;
DE BHRI´ gur ga´ chun na crı´che sin dlı´nse idirna´ isiu´ nta a gcu´ irteanna a chinneadh, aithint a e´ ascu´ agus no´ s imeachta gasta a thabhairt iste ach chun a a´ irithiu´ go bhforghnı´omho´ far breithiu´ nais, ionstraimı´ bar- a´ ntu´ la agus socraı´ochtaı´ cu´ irte;
TAR E´ IS CINNEADH ar an gCoinbhinsiu´ n seo a chur i gcrı´ch agus cuige sin tar e´ is na daoine seo a leanas a cheapadh mar La´ n chumhachtaigh:
(La´ nchumhachtaigh arna gceapadh ag na Ballsta´ it)
NOCH A RINNE, i dtiono´ l na Comhairle, tar e´ is do´ ibh a la´ n chumhachtaı´, agus iad i bhfoirm cheart chuı´, a thabhairt ar aird da´ che´ ile,
COMHAONTU´
MAR A LEANAS: TEIDEAL I
RAON FEIDHME
Airteagal 1
Beidh feidhm leis an gCoinbhinsiu´ n seo in a´ bhair shibhialta agus tra´ chta´ la, cibe´ cinea´ l cu´ irte no´ binse a bheidh i gceist. Eisiatar o´ na re´ im, go ha´ irithe, cu´ rsaı´ ioncaim, custaim agus riaracha´ in.
Eisiatar o´ fheidhm an Choinbhinsiu´ in:
1. sta´ das no´ inniu´ lacht dhlı´thiu´ il daoine na´ du´ rtha, maoin-chearta de bhua co´ ngais pho´ sta, uachtanna agus comharbais;
2. fe´ imheacht, imeachtaı´ maidir le foirceannadh cuideachtaı´ do´ cmhainneacha no´ daoine dlı´theanacha eile ata´ do´ cmhainn each, comhshocraı´ochtaı´ breithiu´ nacha, imshocraı´ochtaı´ agus imeachtaı´ cosu´ il leo sin;
3. sla´ nda´ il sho´ isialta;
4. eadra´ in.
1 IO Uimh. C27 an 26.1.1998, lch.3.
Sch.1
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
TEIDEAL II DLI´NSE ROINN 1
Fora´ lacha Gineara´ lta
Airteagal 2
Faoi re´ ir fhora´ lacha an Choinbhinsiu´ in seo, beidh daoine a bhfuil saincho´ naı´ orthu i Sta´ t Conarthach inagartha, cibe´ na´ isiu´ ntacht ata´ acu, i gcu´ irteanna an Sta´ it sin.
Daoine nach na´ isiu´ naigh den Sta´ t ina bhfuil saincho´ naı´ orthu, beidh siad faoi rialu´ ag na rialacha dlı´nse a bhaineann le na´ isiu´ naigh an Sta´ it sin.
Airteagal 3
Daoine a bhfuil saincho´ naı´ orthu i Sta´ t Conarthach, nı´ fe´ idir iad a agairt i gcu´ irteanna Sta´ it Chonarthaigh eile ach amha´ in de bhua na rialacha ata´ leagtha sı´os i Ranna 2 go 6 den Teideal seo.
Go ha´ irithe nı´ bheidh na fora´ lacha seo a leanas infheidhme ina gcoinne:
— sa Bheilg: Airteagal 15 den cho´ d sibhialta (Code civil — Burg erlijk Wetboek) agus Airteagal 638 den cho´ d breithiu´ nach (Code judiciaire — Gerechtelijk Wetboek),
— sa Danmhairg: Airteagal 246(2) agus (3) den dlı´ ar no´ s imeachta sibhialta (Lov om rettens pleje),
— i bPoblacht Cho´ naidhme na Gearma´ ine: Airteagal 23 de cho´ d an no´ s imeachta shibhialta (Zivilprozefordnung),
— sa Ghre´ ig: Airteagal 40 de cho´ d an no´ s imeachta shibhialta
(Kw´ dikaV Politikh´ V Δikonomi´aV),
— sa Fhrainc: Airteagail 14 agus 15 den cho´ d sibhialta (Code civil),
— in E´ irinn: na rialacha a´ chumasu´ dlı´nse a bhunu´ ar dhoicime´ ad tionscanta na n-imeachtaı´ a bheith arna sheirbhea´ il ar an gcos anto´ ir le linn do´ bheith in E´ irinn go sealadach,
— san Ioda´ il: Airteagal 2 agus Airteagal 4, Uimh. 1 agus 2, de cho´ d an no´ s imeachta shibhialta (Codice di procedura civile),
— i Lucsamburg: Airteagail 14 agus 15 den cho´ d sibhialta (Code civil),
— san Ostair: Airteagal 99 den Dlı´ ar Dhlı´nse Chu´ irte
(Jurisdiktionsnorm),
— san I´siltı´r: Airteagal 126(3) agus Airteagal 127 de cho´ d an no´ s imeachta shibhialta (Wetboek van Burgerlijke Rechtsvordering),
— sa Phortainge´ il: Airteagail 65(1)(c), 65(2) agus 65A(c) de cho´ d an no´ s imeachta shibhialta (Co´ digo de Processo Civil) agus Airteagal 11 de cho´ d an no´ s imeachta saothair (Co´ digo de Pro cesso de Trabalho),
— san Fhionlainn: an dara, an trı´u´ agus an ceathru´ habairt den che´ ad mhı´r de Roinn 1 de Chaibidil 10 de Cho´ d an No´ s
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
Imeachta Bhreithiu´ naigh (oikeudenka¨ ymiskaari/ra¨ ttega˚ ngs- Sch.1
balken),
— sa tSualainn: an che´ ad abairt den che´ ad mı´r de Roinn 3 de Chaibidil 10 de Cho´ d an No´ s Imeachta Bhreithiu´ naigh (ra¨ ttega˚ ngsbalken),
— sa R´ıocht Aontaithe: na rialacha a´ chumasu´ dlı´nse a bhunu´ :
(a) ar dhoicime´ ad tionscanta na n-imeachtaı´ a bheith arna sheirbhea´ il ar an gcosanto´ ir le linn do´ bheith sa Rı´ocht Aontaithe go sealadach; no´
(b) ar mhaoin leis an gcosanto´ ir a bheith sa Rı´ocht Aontaithe;
no´
(c) ar urghabha´ il ag an ngeara´ naı´ ar mhaoin sa Rı´ocht
Aontaithe.
Airteagal 4
Mura bhfuil saincho´ naı´ i Sta´ t Conarthach ar an gcosanto´ ir, rialo´ far dlı´nse na gcu´ irteanna i ngach Sta´ t Conarthach de re´ ir dhlı´ an Sta´ it sin, faoi re´ ir fhora´ lacha Airteagal 16.
Aon duine a bhfuil saincho´ naı´ air i Sta´ t Conarthach, cibe´ na´ isiu´ n tacht ata´ aige, fe´ adfaidh se´ , ar no´ s na´ isiu´ naigh an Sta´ it sin, leas a bhaint sa Sta´ t sin, i gcoinne an chosanto´ ra sin, as na rialacha dlı´nse ata´ i bhfeidhm ann agus go ha´ irithe as na cinn a fhora´ iltear sa dara mı´r d’Airteagal 3.
ROINN 2
Dlı´nse speisialta
Airteagal 5
Duine a bhfuil saincho´ naı´ air i Sta´ t Conarthach, fe´ adfar e´ a agairt i
Sta´ t Conarthach eile:
1. in a´ bhair a bhaineann le conradh, sna cu´ irteanna don a´ it i gcomhair chomhlı´onadh na hoibleaga´ ide a´ irithe; in a´ bhair a bhaineann le conarthaı´ fostaı´ochta aonair, is e´ an a´ it sin an a´ it ina nde´ anann an fostaı´ a chuid oibre de ghna´ th; ma´ s rud e´ nach nde´ anann an fostaı´ a chuid oibre in aon tı´r amha´ in de ghna´ th, fe´ adfar an fosto´ ir a agairt freisin sna cu´ irteanna don a´ it ina bhfuil no´ ina raibh an a´ it ghno´ trı´nar earcaı´odh an fostaı´;
2. in a´ bhair a bhaineann le cothabha´ il, sna cu´ irteanna don a´ it ina bhfuil saincho´ naı´ no´ gna´ thcho´ naı´ ar an gcreidiu´ naı´ cothabha´ la no´ , ma´ s a´ bhar e´ ata´ coimhdeach le himeachtaı´ i dtaobh sta´ dais duine, sa chu´ irt ag a bhfuil, de re´ ir a dlı´ fe´ in, dlı´nse chun na himeachtaı´ sin a thriail, mura rud e´ nach bhfuil de bhonn faoin dlı´nse sin ach na´ isiu´ ntacht cheann de na pa´ irtithe;
3. in a´ bhair a bhaineann le tort, mı´ghnı´omh no´ samhail mhı´ghnı´mh, sna cu´ irteanna don a´ it inar tharla an teagmhas dı´obha´ lach;
4. i gca´ s e´ ileamh sibhialta chun dama´ istı´ no´ aisı´ocaı´ocht a ghno´ thu´ mar gheall ar sha´ ru´ ba shiocair le himeachtaı´ coiriu´ la, su chu´ irt ar tugadh na himeachtaı´ sin faoina bra´ id, sa mhe´ id go bhfuil dlı´nse ag an gcu´ irt sin faoina dlı´ fe´ in glacadh le himeachtaı´ sibhialta;
Sch.1
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
5. i gca´ s d´ıospo´ ide a e´ irı´onn as oibrı´ochtaı´ brainse, gnı´omhaire achta no´ bunaı´ochta eile, sna cu´ irteanna don a´ it ina bhfuil an brainse, an ghnı´omhaireacht no´ an bhunaı´ocht eile;
6. ina cha´ il mar shocraitheoir, iontaobhaı´ no´ tairbhı´ i leith ion taobhais a bunaı´odh de bhun reachta no´ le hionstraim i scrı´bhinn no´ a bunaı´odh de bhriathra be´ il agus a fianaı´odh i scrı´bhinn, i gcu´ irteanna an Sta´ it Chonarthaigh a bhfuil sain cho´ naı´ an iontaobhais ann;
7. i gca´ s d´ıospo´ ide maidir le hı´oc luach saothair a e´ ilı´odh as last no´ lucht a tharrtha´ il, sa chu´ irt ar faoina hu´ dara´ s:
(a) a gabhadh an last no´ an lucht a´ irithe chun an ´ıocaı´ocht sin a urru´ ; no´
(b) a bhfe´ adfaı´ e´ a ghabha´ il amhlaidh, ach gur tugadh bannaı´
no´ urru´ s eile;
ar an gcoinnı´oll nach mbeidh feidhm leis an bhfora´ il seo ach amha´ in nuair a e´ ilı´tear go bhfuil leas ag an gcosanto´ ir sa last no´ sa lucht no´ go raibh leas den so´ rt sin aige tra´ th na tarrtha´ la.
Airteagal 6
Fe´ adfar duine a bhfuil saincho´ naı´ air i Sta´ t Conarthach a agairt freisin:
1. ma´ s duine de lı´on cosanto´ irı´ e´ , sna cu´ irteanna don a´ it a bhfuil saincho´ naı´ ar dhuine ar bith dı´obh;
2. mar thrı´u´ pa´ irtı´ i gcaingean ar bhara´ ntas no´ ra´ thaı´ocht no´ in aon imeachtaı´ eile trı´u´ pa´ irtı´, sa chu´ irt inar tionscnaı´odh na himeachtaı´ bunaidh, mura rud e´ gur tionscnaı´odh iad sin d’aon toisc chun e´ a thabhairt amach as dlı´nse na cu´ irte ab iomchuı´ ina cha´ s;
3. i gca´ s frithe´ ilimh a thig den chonradh ce´ anna no´ de na fı´orais che´ anna ab fhoras don e´ ileamh bunaidh, sa chu´ irt ina bhfuil an t-e´ ileamh bunaidh ar feitheamh.
4. i gca´ s a´ bhar a bhaineann le conradh, ma´ s fe´ idir an chaingean a dhlu´ thu´ le caingean i gcoinne an chosanto´ ra che´ anna in a´ bhair a bhaineann le cearta in rem ar mhaoin dhochorraithe, i gcu´ irt an Sta´ it Chonarthaigh ina bhfuil an mhaoin.
Airteagal 6a
Ma´ s rud e´ de bhua an Choinbhinsiu´ in seo go bhfuil dlı´nse ag cu´ irt Sta´ it Chonarthaigh i gcaingne maidir le dliteanas a thig as u´ sa´ id no´ oibriu´ loinge, beidh dlı´nse freisin ag an gcu´ irt sin, no´ ag aon chu´ irt eile a bheidh curtha ina hionad chun na crı´che sin le dlı´ intı´re an Sta´ it sin, i gca´ s e´ ilimh chun an dliteanas sin a theorannu´ .
ROINN 3
Dlı´nse in a´ bhair a bhaineann le ha´ rachas
Airteagal 7
In a´ bhair a bhaineann le ha´ rachas, cinnfear dlı´nse de re´ ir na
Roinne seo, gan dochar d’fhora´ lacha Airteagail 4 agus 5(5).
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
Airteagal 8 Sch.1
Fe´ adfar a´ racho´ ir ar a bhfuil saincho´ naı´ i Sta´ t Conarthach a agairt:
1. i gcu´ irteanna an Sta´ it ina bhfuil saincho´ naı´ air, no´
2. i Sta´ t Conarthach eile, sna cu´ irteanna don a´ it ina bhfuil sain
cho´ naı´ ar shealbho´ ir an pholasaı´ a´ rachais, no´
3. ma´ s comha´ racho´ ir e´ , i gcu´ irteanna Sta´ it Chonarthaigh ina dtionscnaı´tear imeachtaı´ i gcoinne an phrı´omha´ racho´ ra.
A´ racho´ ir nach bhfuil saincho´ naı´ air i Sta´ t Conarthach ach a bhfuil brainse no´ gnı´omhaireacht no´ bunaı´ocht eile aige i gceann de na Sta´ it Chonarthacha, measfar, i gca´ s d´ıospo´ idı´ a thiocfaidh ar barr de dhroim oibrı´ochtaı´ an bhrainse no´ na gnı´omhaireachta no´ na bunaı´ ochta, saincho´ naı´ a bheith air sa Sta´ t sin.
Airteagal 9
Fe´ adfar fairis sin an t-a´ racho´ ir a agairt sna cu´ irteanna don a´ it inar tharla an teagmhas dı´obha´ lach ma´ s e´ a bhı´onn i gceist a´ rachas i leith dliteanais no´ a´ rachas ar mhaoin dhochorraithe. Is e´ an da´ la ce´ anna e´ ma´ chumhdaı´tear maoin shochorraithe agus maoin dhochorraithe leis an bpolasaı´ ce´ anna a´ rachais agus go dte´ ann an teagmhas ce´ anna chun dochair do´ ibh araon.
Airteagal 10
I gca´ s a´ rachais i leith dliteanais, fe´ adfar mar an gce´ anna, ma´ chead aı´onn dlı´ na cu´ irte e´ , an t-a´ racho´ ir a uamadh in imeachtaı´ a thion scain an duine dı´obha´ laithe i gcoinne an a´ rachaı´.
Beidh feidhm le fora´ lacha Airteagail 7, 8 agus 9 i gca´ s caingne a thionscain an duine dı´obha´ laithe go dı´reach i gcoinne an a´ racho´ ra, ma´ cheadaı´tear na caingne dı´reacha sin.
Ma´ fhora´ lan an dlı´ maidir leis na caingne dı´reacha sin go bhfe´ adfar sealbho´ ir an pholasaı´ no´ an t-a´ rachaı´ a uamadh mar pha´ irtı´ sa chain gean, beidh dlı´nse ag an gcu´ irt che´ anna ina leith.
Airteagal 11
Gan dochar d’fhora´ lacha an trı´u´ mı´r d’Airteagal 10, nı´ fe´ idir leis an a´ racho´ ir imeachtaı´ a thionscnamh ach amha´ in i gcu´ irteanna an Sta´ it Chonarthaigh ina bhfuil saincho´ naı´ ar an gcosanto´ ir, cibe´ acu sealbho´ ir an pholasaı´ no´ an t-a´ rachaı´ no´ tairbhı´ e´ .
Nı´ dhe´ anfaidh fora´ lacha na Roinne seo difear don cheart chun frithe´ ileamh a thabhairt sa chu´ irt ina bhfuil an t-e´ ileamh bunaidh ar feitheamh, de re´ ir na Roinne seo.
Airteagal 12
Nı´ fe´ idir imeacht o´ fhora´ lacha na Roinne seo ach amha´ in tr´ı chomh
aontu´ i dtaobh dlı´nse:
1. a dhe´ anfar tar e´ is an dı´ospo´ id a theacht ar barr, no´
2. a cheado´ idh do shealbho´ ir an pholasaı´, don a´ rachaı´ no´ do thairbhı´ imeachtaı´ a thionscnamh i gcu´ irteanna seachas na cinn a luaitear sa Roinn seo, no´
Sch.1
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
3. a chuirfear i gcrı´ch idir sealbho´ ir polasaı´ agus a´ racho´ ir, a bhfuil saincho´ naı´ no´ gna´ thcho´ naı´ orthu araon sa Sta´ t Conarthach ce´ anna tra´ th an chonartha a chur i gcrı´ch agus arb e´ is e´ ifeacht do´ dlı´nse a thabhairt do chu´ irteanna an Sta´ it sin fiu´ i gca´ s an teagmhas dı´obha´ lach a tharlu´ ar an gcoigrı´och, ar an gcoinnı´oll nach bhfuil an comhaontu´ sin contra´ rtha le dlı´ an Sta´ it sin, no´
4. a dhe´ anfar le sealbho´ ir polasaı´ nach bhfuil saincho´ naı´ air i Sta´ t Conarthach, ach amha´ in sa mhe´ id gurb a´ rachas e´ igeantach ata´ ann no´ a´ rachas a bhaineann le maoin dhochorraithe i Sta´ t Con arthach, no´
5. a bhainfidh le conradh a´ rachais sa mhe´ id go gcumhdaı´onn se´
fiontar no´ fiontair a luaitear in Airteagal 12a.
Airteagal 12a
Is iad seo a leanas na fiontair da´ dtagraı´tear in Airteagal 12(5):
1. aon chailleadh no´ dama´ iste a bhainfidh:
(a) do longa farraige, do cho´ racha amach o´ n gcladach no´ ar muir, no´ d’aera´ rthaı´, de dhroim guaiseanna a bhaineann lena n-u´ sa´ id chun crı´och tra´ chta´ la;
(b) d’earraı´ faoi bhealach, seachas baga´ iste paisine´ irı´, agus iad a´ n-iompar go bun a mbealaigh no´ ar chuid da´ mbealach ag na longa no´ na haera´ rthaı´ sin;
2. aon dliteanas, seachas dliteanas i leith dı´obha´ la coirp do phaisi
ne´ irı´ no´ i leith cailleadh no´ dama´ iste a bhaint da´ mbaga´ iste:
(a) a thig as u´ sa´ id no´ oibriu´ long, co´ racha no´ aera´ rthaı´ mar a luaitear in 1(a) thuas sa mhe´ id nach gcuireann dlı´ an Sta´ it Chonarthaigh a bhfuil na haera´ rthaı´ sin cla´ raithe ann toir measc le comhaontuithe ar dhlı´nse maidir le ha´ rachu´ na bhfiontar sin;
(b) i leith cailleadh no´ dama´ iste a tharlo´ idh trı´ bhı´thin earraı´
faoi bhealach mar a luaitear in 1(b) thuas;
3. aon chailleadh airgid i nda´ il le hu´ sa´ id no´ oibriu´ long, co´ racha no´ aera´ rthaı´ mar a luaitear in 1(a) thuas, go ha´ irithe cailleadh last-ta´ illı´ no´ ı´ocaı´ochta as cairthfhostu´ ;
4. aon fhiontar no´ leas a ghabhann leo sin a luaitear in 1 go 3 thuas.
ROINN 4
Dlı´nse ar chonarthaı´ tomhaltais
Airteagal 13
In imeachtaı´ maidir le conradh a chuir duine i gcrı´ch chun crı´che a fhe´ adfar a mheas a bheith lasmuigh da´ thra´ da´ il no´ da´ ghairm, da´ ngairtear an ‘tomhalto´ ir’ anseo feasta, cinnfear dlı´nse leis an Roinn seo, gan dochar d’fhora´ lacha Airteagail 4 agus 5(5), ma´ s e´ ard e´ :
1. conradh chun earraı´ a dhı´ol ar the´ armaı´ creidmheasa tra´ th
choda, no´
2. conradh le haghaidh iasacht is inı´octha i dtra´ thchodanna, no´ le haghaidh aon fhoirm eile chreidmheasa, arna dhe´ anamh chun dı´olacha´ n earraı´ a mhaoiniu´ , no´
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
3. aon chonradh eile chun earraı´ a shola´ thar no´ conradh chun Sch.1 seirbhı´sı´ a shola´ thar, agus
(a) go ndearnadh, i Sta´ t shaincho´ naı´ an tomhalto´ ra, cuireadh sonrach a dhı´riu´ chuige no´ fo´ graı´ocht sular cuireadh an con radh i gcrı´ch, agus
(b) go ndearna an tomhalto´ ir sa Sta´ t sin na bearta ba gha´ chun an conradh a chur i gcrı´ch.
I gca´ s tomhalto´ ir do dhul i gconradh le pa´ irtı´ nach bhfuil sain cho´ naı´ air i Sta´ t Conarthach ach go bhfuil brainse no´ gnı´omhaireacht no´ bunaı´ocht eile aige i gceann de na Sta´ it Chonarthacha, measfar saincho´ naı´ a bheith ar an bpa´ irtı´ sin sa Sta´ t sin i gca´ s d´ıospo´ idı´ a thiocfaidh ar barr de dhroim oibrı´ochtaı´ an bhrainse no´ na gnı´omhai reachta no´ na bunaı´ochta.
Nı´ bhainfidh an Roinn seo le conarthaı´ iompair.
Airteagal 14
Fe´ adfaidh tomhalto´ ir imeachtaı´ a thabhairt in aghaidh an pha´ irtı´ eile i gconradh i gcu´ irteanna an Sta´ it Chonarthaigh ina bhfuil sain cho´ naı´ ar an bpa´ irtı´ sin no´ i gcu´ irteanna an Sta´ it Chonarthaigh ina bhfuil saincho´ naı´ air fe´ in.
Nı´ fe´ idir le pa´ irtı´ eile sa chonradh imeachtaı´ a thabhairt i gcoinne tomhalto´ ra ach amha´ in i gcu´ irteanna an Sta´ it Chonarthaigh ina bhfuil saincho´ naı´ ar an tomhalto´ ir.
Nı´ dhe´ anfaidh na fora´ lacha sea difear don cheart chun frithe´ il eamh a thabhairt sa chu´ irt ina bhfuil an t-e´ ileamh bunaidh ar feitheamh, de re´ ir na Roinne seo.
Airteagal 15
Nı´ fe´ idir imeacht o´ fhora´ lacha na Roinne seo ach amha´ in trı´
chomhaontu´ :
1. a dhe´ anfar tar e´ is dı´ospo´ id a theacht ar barr, no´
2. a cheado´ idh don tomhalto´ ir imeachtaı´ a thionscnamh i gcu´ irt
eanna seachas na cinn a luaitear sa Roinn seo, no´
3. a dhe´ anfaidh an tomhalto´ ir agus an pa´ irtı´ eile sa chonradh, agus saincho´ naı´ no´ gna´ thcho´ naı´ orthu araon sa Sta´ t Conarthach ce´ anna tra´ th an chonartha a chur i gcrı´ch, agus a thabharfaidh dlı´nse do chu´ irteanna an Sta´ it sin, ar an gcoinnı´oll nach bhfuil an comhaontu´ sin contra´ rtha le dlı´ an Sta´ it sin.
ROINN 5
Dlı´nse eisiach
Airteagal 16
Beidh dlı´nse eisiach ag na cu´ irteanna seo a leanas, ar neamhchead do shaincho´ naı´:
1. (a) in imeachtaı´ arb e´ is cuspo´ ir do´ ibh cearta in rem ar mhaoin dhochorraithe no´ tiono´ ntachtaı´ maoine dochorraithe, cu´ irt eanna an Sta´ it Chonarthaigh ina bhfuil an mhaoin;
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
Sch.1 (b) ach, in imeachtaı´ arb e´ is cuspo´ ir do´ ibh tiono´ ntachtaı´ mao ine dochorraithe arna gcur i gcrı´ch le haghaidh u´ sa´ ide prı´obha´ idı´ sealadaı´ go ceann tre´ imhse nach faide na´ se´ mhı´ as a che´ ile, beidh dlı´nse freisin ag cu´ irteanna an Sta´ it Chon arthaigh ina bhfuil saincho´ na´ı ar an gcosanto´ ir, ar an gcoinn ı´oll gur daoine na´ du´ rtha iad an tiarna talu´ n agus an tiono´ nta agus go bhfuil saincho´ naı´ orthu sa Sta´ t Conarthach ce´ anna;
2. in imeachtaı´ arb e´ is cuspo´ ir do´ ibh bailı´ocht chomhdhe´ anamh, neamhniu´ no´ dı´scaoileadh cuideachtaı´ no´ daoine dlı´theanacha eile no´ comhlachas de dhaoine na´ du´ rtha no´ dlı´theanacha, no´ cinntı´ a thug orga´ in da´ gcuid, cu´ irteanna an Sta´ it Chonarthaigh ina bhfuil suı´omh na cuideachta, an duine dhlı´theanaigh no´ an chomhlachais;
3. in imeachtaı´ arb e´ is cuspo´ ir do´ ibh bailı´ocht taifead i gcla´ ir phoiblı´, cu´ irteanna an Sta´ it Chonarthaigh ina bhfuil an cla´ r a´ choimea´ d;
4. in imeachtaı´ a bhaineann le cla´ ru´ no´ le bailı´ocht paitinnı´, tra´ dmharcanna, dearthaı´, no´ le cearta eile da´ leithe´ id sin is ga´ a thaisceadh no´ a chla´ ru´ , cu´ irteanna an Sta´ it Chonarthaigh inar iarradh an taisceadh no´ an cla´ ru´ , no´ arb ann a rinneadh no´ a mheastar faoi the´ armaı´ coinbhinsiu´ in idirna´ isiu´ nta go ndear nadh e´ ;
5. in imeachtaı´ a bhaineann le breithiu´ nais a fhorghnı´omhu´ , cu´ irt eanna an Sta´ it Chonarthaigh ina ndearnadh, no´ ina nde´ anfar, an breithiu´ nas a fhorghnı´omhu´ .
ROINN 6
Dlı´nse a iarchur
Airteagal 17
Ma´ s rud e´ go ndearna na pa´ irtithe, a bhfuil saincho´ naı´ ar pha´ irtı´ no´ pa´ irtithe dı´obh i Sta´ t Conarthach, combaontu´ chun dlı´nse a bheith ag cu´ irt no´ cu´ irteanna de chuid Sta´ it Chonarthaigh aon dı´ospo´ idı´ a re´ iteach a tharla no´ a tharlo´ idh i nda´ il le comhbhaint dhlı´thiu´ il a´ iri the, beidh dlı´nse eisiach ag an gcu´ irt no´ ag na cu´ irteanna sin. Nı´ fola´ ir comhaontu´ den so´ rt sin a thugann dlı´nse:
(a) a bheith i scrı´bhinn no´ arna fhianu´ i scrı´bhinn; no´
(b) a bheith i bhfoirm ata´ de re´ ir cleachtas a bhunaigh na pa´ irti
the eatarthu fe´ in; no´
(c) i dtra´ da´ il no´ tra´ chta´ il idirna´ isiu´ nta, a bheith i bhfoirm ata´ de re´ ir gna´ thaimh ar a bhfuil eolas no´ ar ar cheart go mbeadh eolas ag na pa´ irtithe agus a bhfuil aithne fhorleathan air sa tra´ da´ il no´ sa tra´ chta´ il sin agus a leantar go rialta e´ i measc pa´ irtithe i gconarthaı´ den saghas a bhaineann leis an tra´ da´ il no´ an tra´ chta´ il a´ irithe ata´ i gceist.
I gca´ s comhaontu´ den so´ rt sin a bheith de´ anta ag pa´ irtithe nach bhfuil saincho´ naı´ ar aon pha´ irtı´ dı´obh i Sta´ t Conarthach, nı´ bheidh aon dlı´nse ag cu´ irteanna Sta´ t Conarthach eile ar a ndı´ospo´ idı´ mura rud e´ go mbeidh diu´ ltaithe do dhlı´nse ag an gcu´ irt no´ ag na cu´ irt eanna a roghnaı´odh.
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
An chu´ irt no´ na cu´ irteanna de chuid Sta´ it Chonarthaigh da´ dtug- Sch.1 ann ionstraim iontaobhais dlı´nse, beidh dlı´nse eisiach aici no´ acu in
aon imeachtaı´ a thabharfar i gcoinne socraitheora, iontaobhaı´ no´ tairbhı´, ma´ bhı´onn comhbhaint i gceist idir na daoine sin no´ a gcearta no´ a n-oibleaga´ idı´ faoin iontaobhas.
Nı´ bheidh aon fheidhm dhlı´thiu´ il ag comhaontuithe no´ fora´ lacha ionstraime iontaobhais a thugann dlı´nse ma´ bhı´onn siad contra´ rtha le fora´ lacha Airteagal 12 no´ 15, no´ ma´ bhı´onn dlı´nse eisiach de bhua Airteagal 16 ag na cu´ irteanna a bhfuil airbheartaithe acu a ndlı´nse a eisiamh.
Ma´ s ar mhaithe le haon cheann amha´ in de na pa´ irtithe a rinneadh an comhaontu´ chun dlı´nse a thabhairt, beidh ag an bpa´ irtı´ sin i gco´ naı´ an ceart chun imeachtaı´ a thabhairt in aon chu´ irt eile a bhfuil dlı´nse aici de bhua an Choinbhinsiu´ in seo.
In a´ bhair a bhaineann le conarthaı´ fostaı´ochta aonair nı´ bheidh feidhm dhlı´thiu´ il ag comhaontu´ chun dlı´nse a thabhairt ach amha´ in ma´ rinneadh e´ tar e´ is don dı´ospo´ id tarlu´ no´ ma´ bhaineann an fostaı´ leas as chun an ca´ s a thabhairt os comhair cu´ irteanna seachas na cu´ irteanna don a´ it ina bhfuil saincho´ naı´ ar an gcosanto´ ir no´ na cu´ irt eanna da´ dtagraı´tear in Airteagal 5(1).
Airteagal 18
Amach o´ na ca´ sanna ina bhfuil dlı´nse aici de bhua fora´ lacha eile den Choinbhinsiu´ n seo, beidh dlı´nse ag cu´ irt Sta´ it Chonarthaigh a dtaifeadfaidh cosanto´ ir la´ ithreas os a comhair. Nı´ bheidh feidhm leis an riail seo ma´ s conspo´ id na dlı´nse ba chuspo´ ir don la´ ithreas a thai feadadh, no´ ma´ bhı´onn dlı´nse eisiach ag cu´ irt eile ann de bhua Airt eagal 16.
ROINN 7
Fı´oru´ ar dhlı´nse agus ar inghlacthacht
Airteagal 19
Cu´ irt de chuid Sta´ it Chonarthaigh a dtabharfar os a comhair e´ il eamh a bhaineann go prı´omha le ha´ bhar a bhfuil dlı´nse eisiach ina leith ag cu´ irteanna Sta´ it Chonarthaigh eile de bhua Airteagal 16, dearbho´ idh sı´ uaithi fe´ in nach bhfuil aon dlı´nse aici.
Airteagal 20
Ma´ dhe´ ntar cosanto´ ir a bhfuil saincho´ naı´ air i Sta´ t Conarthach amha´ in a agairt i gcu´ irt de chuid Sta´ it Chonarthaigh eile agus nach dtaifeadfaidh se´ la´ threas, dearbho´ idh an chu´ irt uaithi fe´ in nach bhfuil aon dlı´nse aici mura bhfuil dlı´nse aici ata´ bunaithe ar fhora´ l acha an Choinbhinsiu´ in seo.
Cuirfidh an chu´ irt bac ar na himeachtaı´ fad a bheifear gan a shuı´ omh go raibh caoi ag an gcosanto´ ir doicime´ ad tionscanta na n-imeachtaı´ no´ doicime´ ad comhionann a fha´ il in am tra´ tha chun socru´ a dhe´ anamh e´ fe´ in a chosaint, no´ go nedearnadh gach dı´cheall chuige sin.
Cuirfear in ionad fhora´ lacha na mı´re roimhe seo fora´ lacha Airtea
gal 15 de Choinbhinsiu´ n na Ha´ ige dar da´ ta 15 Samhain 1965 ar
Sch.1
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
sheirbhea´ il doicime´ ad dlı´thiu´ il agus seachdhlı´thiu´ il in a´ bhair shibhi alta no´ tra´ chta´ la ar an gcoigrı´och, ma´ ba gha´ doicime´ ad tionscanta na n-imeachtaı´, no´ fo´ gra ina dtaobh, a sheoladh amach ar an gcoig rı´och de re´ ir an Choinbhinsiu´ in sin.
ROINN 8
Lis pendens — Caingne gaolmhara
Airteagal 21
Ma´ dhe´ antar imeachtaı´ leis an gcu´ is che´ anna caingne agus idir na pa´ irtithe ce´ anna a thionscnamh i gcu´ irteanna Sta´ t Conarthach e´ ag su´ il, dlı´fidh cu´ irt ar bith seachas an che´ ad chu´ irt ar tugadh os a comhair iad bac a chur ar a himeachtaı´, uaithi fe´ in, go dtı´ go suı´fear dlı´nse na che´ ad chu´ irte ar tugadh os a comhair iad.
Ma´ shuitear dlı´nse na che´ ad chu´ irte ar tugadh na himeachtaı´ os a comhair, dlı´fidh cu´ irt ar bith seachas an che´ ad chu´ irt ar tugadh os a comhair iad dlı´nse a dhiu´ ltu´ i bhfabhar na che´ ad chu´ irte sin.
Airteagal 22
Ma´ thionscnaı´tear caingne gaolmhara i gcu´ irteanna Sta´ t Conar thach e´ agsu´ il, fe´ adfaidh cu´ irt ar bith seachas an che´ ad chu´ irt ar tugadh os a comhair iad, le linn na caingne a bheith ar feitheamh ag an gce´ ad che´ im, bac a chur ar a himeachtaı´.
Fe´ adfaidh cu´ irt seachas an che´ ad chu´ irt ar tugadh na caingne os a comhair dlı´nse a dhiu´ ltu´ freisin, ar iarratas o´ cheann de na pa´ irtithe, ma´ cheadaı´onn dlı´ na cu´ irte sin caingne gaolmhara a dhlu´ thu´ agus go bhfuil dlı´nse i leith an da´ chaingean ag an gce´ ad chu´ irt ar tugadh os a comhair iad.
Chun crı´ocha an Airteagail seo, meastar caingne a bheith gaolmhar ma´ bhı´onn baint chomh dlu´ th sin acu le che´ ile go bhfuil se´ fo´ irsteanach iad a e´ isteacht agus breith a thabhairt orthu i dteannta a che´ ile ionas go seachno´ faı´ breithiu´ nais bunoscionn le che´ ile mar ab fhe´ idir a theacht d’imeachtaı´ ar leithligh.
Airteagal 23
Ma´ thagann caingne faoi dhlı´nse eisiach chu´ irteanna e´ agsu´ la, dlı´fidh cu´ irt ar bith seachas an che´ ad chu´ irt ar tugadh os a comhair iad dlı´nse a dhiu´ ltu´ i bhfabhar na che´ ad chu´ irta sin.
ROINN 9
Bearta sealadacha lena n-a´ irı´tear bearta consantacha
Airteagal 24
Fe´ adfar cibe´ bearta sealadacha, lena n-a´ irı´tear bearta cosantacha, a bheidh ar fa´ il faoi dhlı´ Sta´ it Chonarthaigh a iarraidh ar chu´ irteanna an Sta´ it sin, fiu´ ma´ s rud e´ , faoin gCoinbhinsiu´ n seo, go bhfuil dlı´nse ag cu´ irteanna Sta´ it Chonarthaigh eile maidir le substaint an a´ bhair.
|
[1998.] |
Jurisdiction of Courts and |
[No. 52.] | |
|
Enforcement of Judgments Act, 1998. TEIDEAL III |
Sch.1 | ||
|
AITHINT AGUS FORGHNI´OMHU´ | |||
|
Airteagal 25 |
Chun crı´ocha an Choinbhinsiu´ in seo, ciallaı´onn ‘breithiu´ nas’ aon bhreithiu´ nas arna thabhairt ag cu´ irt no´ binse de chuid Sta´ it Chonar thaigh, cibe´ ainm a thugtar ar an mbreithiu´ nas, lena n-a´ irı´tear for aithne, ordu´ , breith, no´ eascaire fhorghnı´omhaithe, mar aon le cinn eadh ar chostais no´ caiteachais ag oifigeach en chu´ irt.
ROINN 1
Aithint
Airteagal 26
Gheobhaidh breithiu´ nas a tugadh i Sta´ t Conarthach aithint sna Sta´ it Chonarthacha eile gan aon no´ s imeachta speisialta a bheith riachtanach chuige sin.
Aon pha´ irtı´ leasmhar a thabharfaidh aithint bhreithiu´ nais faoi thra´ cht mar phrı´omhshaincheist i gconspo´ id, fe´ adfaidh se´ , de re´ ir an no´ s imeachta da´ bhfora´ iltear i Ranna 2 agus 3 den Teideal seo, iarratas a dhe´ anamh ar bhreith go ndlitear an breithiu´ nas a aithint.
Ma´ bhı´onn toradh imeachtaı´ i gcu´ irt de chuid Sta´ it Chonarthaigh a brath ar cheist theagmhasach aithinte a chinneadh, beidh dlı´nse ag an gcu´ irt sin ar an gceist sin.
Airteagal 27
Nı´ aithneofar breithiu´ nas:
1. ma´ bhı´onn an aithint sin contra´ rtha leis an ord poiblı´ sa Sta´ t ina n-iarrtar an eithint;
2. ma´ s d’e´ agmais la´ ithris a tugadh an breithiu´ nas, mura ndearnadh doicime´ ad tionscanta na n-imeachtaı´ no´ doicime´ ad comhionann a sheirbhea´ il go cuı´ ar an gcosanto´ ir in am tra´ tha chun socru´ a dhe´ anamh e´ fe´ in a chosaint;
3. ma´ bhı´onn an breithiu´ nas bunoscionn le breithiu´ nas a tugadh i ndı´ospo´ id idir na pa´ irtithe ce´ anna sa Sta´ t ina n-iarrtar an aithint;
4. ma´ rinne cu´ irt an Sta´ it tionscnaimh, d’fhonn teacht ar a brei thiu´ nas, re´ amhcheist maidir le sta´ das no´ le hinniu´ lacht dhlı´thiu´ il daoine na´ du´ rtha, le maoin-chearta de thoradh co´ ngais pho´ sta, le huachtanna no´ le comharbas, a chinneadh ar dho´ igh ata´ con tra´ rtha le riail de dhlı´ indirna´ isiu´ nta prı´obha´ ideach an Sta´ it ina n-iarrtar an aithint, mura rud e´ gurb e´ an toradh ce´ nna a thioc fadh de rialacha dlı´ idirna´ isiu´ nta phrı´obha´ idigh an Sta´ it sin a chur chun feidhme;
5. ma´ bhı´onn an breithiu´ nas bunoscionn le breithiu´ nas a tugadh roimhe sin i Sta´ t neamhchonarthach agus e´ ag baint leis an gcu´ is che´ anna caingne agus idir na pa´ irtithe ce´ anna, nuair a chomhlı´onnann an breithiu´ nas deireanach seo na coinnı´ollacha is ga´ chun e´ a aithint sa Sta´ t chun a nde´ antar an t-iarratas.
Sch.1
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
Airteagal 28
Ina theannta sin, nı´ aithneofar breithiu´ nas ma´ bhı´onn se´ contra´ rtha le fora´ lacha Roinn 3, 4 no´ 5 de Theideal II, na´ i gcas da´ bhfora´ iltear in Airteagal 59.
Nuair a bheidh na forais dlı´nse a luaitear sa mhı´r roimhe seo faoi bhreithniu´ aige no´ aici, beidh an t-u´ dara´ s no´ an chu´ irt chun a ndearn adh an t-iarratas faoi cheangal ag na cinntı´ fı´orais a ndearna cu´ irt an Sta´ it tionscnaimh a dlı´nse a bhunu´ orthu.
Faoi re´ ir fhora´ lacha na che´ ad mhı´re, nı´ fe´ idir dlı´nse chu´ irt an Sta´ it tionscnaimh a athbhreithniu´ ; n´ı bheidh a fhora´ il i dtaobh ord poiblı´ da´ dtagraı´tear in Airteagal 27(1) inchurtha chun feidhme ar na riala cha maidir le dlı´nse.
Airteagal 29
Nı´ fe´ idir i gca´ s ar bith breithiu´ nas coigrı´che a athbhreithniu´ o´
thaobh a shubstainte.
Airteagal 30
Fe´ adfaidh cu´ irt i Sta´ t Conarthach ar a n-iarrfar aithint bhreith iu´ nais a tugadh i Sta´ t Conarthach eile bac a chur ar na himeachtaı´ ma´ taisceadh gna´ thachomharc i gcoinne an bhreithiu´ nais sin.
Fe´ adfaidh cu´ irt i Sta´ t Conarthach ina n-iarrfar aithint do bhreith iu´ nas a tugadh in E´ irinn no´ sa Rı´ocht Aontaithe bac a chur ar na himeachtaı´ ma´ bhı´onn forghnı´omhu´ curtha ar fionraı´, mar gheall ar achomharc, sa Sta´ t tionscnaimh.
ROINN 2
Forghnı´omhu´
Airteagal 31
De´ anfar breithiu´ nas a tugadh i Sta´ t Conarthach agus is infhorghnı´ omhaithe sa Sta´ t sin a fhorghnı´omhu´ i Sta´ t Conarthach eile nuair a bheidh se´ dearbhaithe, ar iarratas o´ aon pha´ irtı´ leasmhar, go bhfuil se´ infhorghnı´omhaithe sa Sta´ t eile sin.
Sa Rı´ocht Aontaithe, a´ fach, de´ anfar breithiu´ nas den so´ rt sin a fhorghnı´omhu´ i Sasana agus sa Bhreatain Bheag, in Albain, no´ i dTuaisceart E´ ireann nuair a bheidh se´ cla´ raithe, ar iarratas o´ aon pha´ irtı´ leasmhar, lena fhorghnı´omhu´ sa chuid sin den Rı´ocht
Aontaithe.
Airteagal 32
Is chucu seo a bheidh an t-iarratas le de´ anamh:
— sa Bheilg, an tribunal de premie`re instance no´ rechtbank van eerste aanleg,
— sa Danmhairg, an byret,
— i bPoblacht Cho´ naidhme na Gearma´ ine, uachtara´ n dlı´sheomra den Landgericht,
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
— sa Ghre´ ig, an Monomele´ V Prwtodikei´o, Sch.1
— sa Spa´ inn, an Juzgado de Primera Instancia,
— sa Fhrainc, uachtara´ n an tribunal de grande instance,
— in E´ irinn, an Ard-Chu´ irt,
— san Ioda´ il, an corte d’appello,
— i Lucsamburg, uachtara´ n an tribunal d’arrondissement,
— san Ostair, an Bezirksgericht,
— san I´siltı´r, uachtara´ n an arrondissementsrechtbank,
— sa Phortainge´ il, an Tribunal Judicial de C´ırculo,
— san Fhionlainn, ka¨ ra¨ ja¨ oikeus/tingsra¨ tt,
— sa tSualainn, an Svea hovra¨ tt,
— sa R´ıocht Aontaithe:
(a) i Sasana agus sa Bhreatain Bheag, an High Court of Jus tice no´ , i gca´ s breithiu´ nais chothabha´ la, an Magistrates’ Court trı´d an Secretary of State;
(b) in Albain, an Court of Session no´ , i gca´ s breithiu´ nais chothabha´ la, an Sheriff Court trı´d an Secretary of State;
(c) i dTuaisceart E´ ireann, an High Court of Justice no´ , i gca´ s breithiu´ nais chothabha´ la, an Magistrates’ Court trı´d an Secretary of State.
Cinnfear dlı´nse cu´ irteanna a´ itiu´ la de re´ ir na ha´ ite a bhfuil sain cho´ naı´ ar an bpa´ irtı´ a n-iarrtar forghnı´omhu´ ina choinne. Mura bhfuil saincho´ naı´ air sa Sta´ t a n-iarrtar an forghnı´omhu´ ann, cinnfear ´ı de re´ ir a´ it fhorghnı´omhaithe.
Airteagal 33
Is de re´ ir dhlı´ an Sta´ it a n-iarrtar forghnı´omhu´ ann a rialo´ far an no´ s imeachta maidir leis an iarratas a thaisceadh.
Nı´ fola´ ir don iarrataso´ ir seoladh a thabhairt le haghaidh seirbhea´ la pro´ ise i limiste´ ar dlı´nse na cu´ irte chun a nde´ antar an t-iarratas. Ach ma´ s rud e´ nach bhfora´ lann dlı´ an Sta´ it a n-iarrtar forghnı´omhu´ ann seoladh mar sin a bheith le tabhairt, ceapfaidh an t-iarrataso´ ir ion adaı´ ad litem.
Nı´ fola´ ir na doicime´ id a luaitear in Airteagail 46 agus 47 a bheith i gceangal leis an iarratas.
Airteagal 34
Tabharfaidh an chu´ irt chun a nde´ antar an t-iarratas a breith ar an iarratas gan mhoill agus nı´ fhe´ adfaidh an pa´ irtı´ a n-iarrtar forghnı´omhu´ ina choinne aon aighneachtaı´ a dhe´ anamh maidir leis an iarratas ag an gce´ im seo de na himeachtaı´.
Nı´ fe´ idir diu´ ltu´ don iarratas ach ar chu´ is da´ bhfora´ iltear in Airteag
ail 27 agus 28.
Nı´ fe´ idir i gca´ s ar bith an breithiu´ nas coigrı´che a athbhreithniu´ o´
thaobh a shubstainte.
Sch.1
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
Airteagal 35
De´ anfaidh oifigeach iomchuı´ na cuı´rte, gan mhoill, an bhreith a tugadh ar an iarratas a chur in iu´ l don iarrataso´ ir, de re´ ir an no´ s imeachta a leagadh sı´os le dlı´ an Sta´ it a n-iarrtar forghnı´omhu´ ann.
Airteagal 36
Ma´ u´ daraı´tear forghnı´omhu´ , fe´ adfaidh an pa´ irtı´ ar iarradh forghnı´omhu´ ina choinne achomharc a dhe´ anamh i gcoinne na brei the laistigh de mhı´ o´ la´ seirbhea´ la.
Ma´ ta´ saincho´ naı´ ar an bpa´ irtı´ sin i Sta´ t Conarthach seachas an ceann inar tugadh an bhreith a d’u´ daraigh forghnı´omhu´ , beidh tre´ imhse dha´ mhı´ ann le haghaidh achomhairc agus rithfidh sı´ o´ la´ na seirbhea´ la air fe´ in go pearsante no´ ag a ionad co´ naithe. Nı´ fe´ idir cur leis an tre´ imhse sin mar gheall ar fhad slı´ o´ bhaile.
Airteagal 37
1. De´ anfar achomharc i gcoinne na breithe a d’u´ daraigh forghnı´omhu´ a thaisceadh de re´ ir rialacha an no´ s imeachta in a´ bhair chointinneacha:
— sa Bheilg, sa tribunal de premie`re instance no´ rechtbank van eerste aanleg;
— sa Danmhairg, sa landsret;
— i bPoblacht Cho´ naidhme na Gearma´ ine, san Oberlan
desgericht;
— sa Ghre´ ig, san Efetei´o;
— sa Spa´ inn, san Audiencia Provincial;
— sa Fhrainc, sa cour d’appel;
— in E´ irinn, san Ard-Chu´ irt;
— san Ioda´ il, sa corte d’appello;
— i Lucsamburg, sa Cour supe´rieure de justice ina suı´ di mar chu´ irt achomhairc shibhialta;
— san Ostair, sa Bezirksgericht;
— san I´siltı´r, san arrondissementsrechtbank;
— sa Phortainge´ il, sa Tribunal da Relac¸a˜ o;
— san Fhionlainn, i hovioikeus/hovra¨ tt;
— sa tSualainn, sa Svea hovra¨ tt;
— sa R´ıocht Aontaithe:
(a) i Sasana agus sa Bhreatain Bheag, sa High Court of Jus tice no´ , i gca´ s breithiu´ nais chothabha´ la, sa Magistrates’ Court;
(b) in Albain, sa Court of Session no´ , i gca´ s breithiu´ nais chothabha´ la, sa Sheriff Court;
(c) i dTuaisceart E´ ireann, sa High Court of Justice no´ , i gca´ s breithiu´ nais chothabha´ la, sa Magistrates’ Court.
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
2. Nı´ fe´ idir an breithiu´ nas a tugadh ar an achomharc a chonspo´ id Sch.1 ach amha´ in:
— sa Bheilg, sa Ghre´ ig, sa Spa´ inn, sa Fhrainc, san Ioda´ il, i Luc
samburg agus san I´siltı´r, trı´ achomharc en cassation;
— sa Danmhairg, trı´ achomharc chuig an højesteret, le cead o´ n
Aire Dlı´ agus Cirt;
— i bPoblacht Cho´ naidhme na Gearma´ ine, trı´
Rechtsbeschwerde;
— san Ostair, i gca´ s achomhairc, trı´ Revisionsrekurs agus, i gca´ s imeachtaı´ freasu´ ra, trı´ Berufung lena ngabhann deis athbhreithnithe;
— in E´ irinn, trı´ achomharc ar phointe dl
Uachtarach;
chuig an gCu´ irt
— sa Phortainge´ il, trı´ achomharc ar phointe dlı´;
— san Fhionlainn, trı´ achomharc chuig korkein oikeus/ho¨ gsta domstolen;
— sa tSualainn, trı´ achomharc chuig Ho¨ gsta domstolen;
— sa R´ıocht Aontaithe, trı´ aon achomharc amha´ in eile ar pho
inte dlı´.
Airteagal 38
Fe´ adfaidh an chu´ irt ar tugadh an t-achomharc faoin gce´ ad mhı´r d’Airteagal 37 os a comhair, ma´ iarrann an t-achomharco´ ir e´ , bac a chur leis na himeachtaı´ i gca´ s gna´ thachomharc i gcoinne an bhrei thiu´ nais a bheith taiscthe sa Sta´ t tionscnaimh no´ mura bhfuil an tre´ imhse le haghaidh achomhairc den so´ rt sin dulta in e´ ag fo´ s; sa cha´ s deiridh sin, fe´ adfaidh an chu´ irt a shonru´ cad e´ an tre´ imhse le haghaidh achomharc den so´ rt sin a thaisceadh.
Ma´ s in E´ irinn no´ sa Rı´ocht Aontaithe a tugadh an breithiu´ nas, measfar aon chinea´ l achomhairc is inde´ anta sa Sta´ t tionscnaimh a bheith ina ghna´ thachomharc chun crı´ocha na che´ ad mhı´re.
Fe´ adfaidh an chu´ irt freisin e´ a chur de choinnı´oll leis an bhforghnı´
omhu´ go dtabharfar don chu´ irt cibe´ urru´ s a chinnfidh sı´.
Airteagal 39
Le linn na tre´ imhse a shonraı´tear le haghaidh achomhairc de bhun Airteagal 36 agus go dtı´ go mbeidh breith tugtha ar aon achomharc den so´ rt sin, nı´ fe´ idir a dhe´ anamh maidir leis an bhforghnı´omhu´ ach amha´ in bearta cosanta in aghaidh mhaoin an pha´ irtı´ a n-iarrtar forghnı´omhu´ ina choinne.
Gabhfaidh u´ dara´ s chun aon bhearta cosanta den so´ rt sin a ghla
cadh leis an mbreith a u´ daro´ idh forghnı´omhu´ .
Airteagal 40
1. Ma´ dhiu´ ltaı´tear don iarratas ar fhorghnı´omhu´ , fe´ adfaidh an t-iarrataso´ ir achomharc a dhe´ anamh:
— sa Bheilg, chuig an cour d’appel no´ hof van beroep;
— sa Danmhairg, chuig an landsret;
Sch.1
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
— i bPoblacht Cho´ naidhme na Gearma´ ine, chuig an Oberlan
desgericht;
— sa Ghre´ ig, chuig an Eøetei´o;
— sa Spa´ inn, chuig an Audiencia Provincial;
— sa Fhrainc, chuig an cour d’appel;
— in E´ irinn, chuig an Ard-Chu´ irt;
— san Ioda´ il, chuig an corte d’appello;
— i Lucsamburg, chuig an Cour supe´rieure de justice, ina suı´ di mar chu´ irt achomhairc shibhialta;
— san Ostair, chuig an Bezirksgericht;
— san I´siltı´r, chuig an gerechtshof;
— sa Phortainge´ il, chuig an Tribunal da Relac¸a˜ o;
— san Fhionlainn, chuig hovioikeus/hovra¨ tten;
— sa tSualainn, chuig an Svea hovra¨ tt;
— sa R´ıocht Aontaithe:
(a) i Sasana agus sa Bhreatain Bheag, chuig an High Court of Justice no´ , i gca´ s breithiu´ nais chothabha´ la, chuig an Magistrates’ Court;
(b) in Albain, chuig an Court of Session no´ , i gca´ s breithiu´ n
ais chothabha´ la, chuig an Sheriff Court;
(c) i dTuaisceart E´ ireann, chuig an High Court of Justice no´ , i gca´ s breithiu´ nais chothabha´ la, chuig an Magistrates’ Court.
2. Cuirfear toghairm ar an bpa´ irtı´ a n-iarrtar forghnı´omhu´ ina cho inne a´ cheangal air la´ ithriu´ os comhair na cu´ irte achomhairc. Mura la´ ithreoidh se´ , beidh fora´ lacha an dara agus an trı´u´ mı´r d’Airteagal 20 infheidhme, fiu´ mura bhfuil saincho´ naı´ air in aon cheann de na Sta´ it Chonarthacha.
Airteagal 41
Nı´ fe´ idir breithiu´ nas a tugadh ar achomharc da´ bhfora´ iltear in Air
teagal 40 a chonspo´ id ach amha´ in:
— sa Bheilg, sa Ghre´ ig, sa Spa´ inn, sa Fhrainc, san Ioda´ il, i Luc
samburg agus san I´siltı´r, trı´ achomharc en cassation;
— sa Danmhairg, trı´ achomharc chuig an højesteret, le cead o´ n
Aire Dlı´ agus Cirt;
— i bPoblacht Cho´ naidhme na Gearma´ ine, trı´ Rechtsbeschwerde;
— in E´ irinn, trı´ achomharc ar phointe dlı´ chuig an gCu´ irt
Uachtarach;
— san Ostair, trı´ Revisionsrekurs;
— sa Phortainge´ il, trı´ achomharc ar phointe dlı´;
— san Fhionlainn, trı´ achomharc chuig korkein oikeus/ho¨ gsta domstolen;
— sa tSualainn, trı´ achomharc chuig Ho¨ gsta domstolen;
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
— sa R´ıocht Aontaithe, trı´ aon achomharc amha´ in eile ar phointe Sch.1 dlı´.
Airteagal 42
Ma´ bhı´onn breithiu´ nas coigrı´che tugtha i leith a´ bhar e´ agsu´ il agus nach fe´ idir forghnı´omhu´ a u´ daru´ ina dtaobh go le´ ir, de´ anfaidh an chu´ irt forghnı´omhu´ a u´ daru´ i gca´ s a´ bhair amha´ in no´ nı´os mo´ dı´obh.
Fe´ adfaidh iarrataso´ ir forghnı´omhu´ pa´ irteach ar bhreithiu´ nas a iarraidh.
Airteagal 43
Nı´ fhe´ adfar breithiu´ nas coigrı´che a d’ordaigh ´ıocaı´ocht phiono´ sach thre´ imhsiu´ il a fhorghnı´omhu´ sa Sta´ t a n-iarrtar forghnı´omhu´ ann mura mbeidh me´ id na hı´ocaı´ochta arna chinneadh go crı´ochnai theach ag cu´ irteanna an Sta´ it tionscnaimh.
Airteagal 44
Iarrataso´ ir ar tugadh do´ go hiomla´ n no´ go pa´ irteach, sa Sta´ t tionscnaimh, cu´ namh dlı´thiu´ il no´ dı´olu´ ine o´ chostais no´ o´ chaitea chais, beidh teideal aige, sna no´ sanna imeachta da´ bhfora´ iltear in Airteagail 32 go 35, chun tairbhiu´ den chu´ namh dlı´thiu´ il is fabhraı´ no´ den dı´olu´ ine is fairsinge o´ chostais no´ o´ chaiteachais a fhora´ iltear le dlı´ an Sta´ it chun a nde´ antar an t-iarratas.
Ach fe´ adfaidh iarrataso´ ir a iarrfaidh forghnı´omhu´ ar bhreith a thug u´ dara´ s riaracha´ in sa Danmhairg i leith ordu´ cothabha´ la e´ ileamh a dhe´ anamh, sa Sta´ t chun a nde´ antar an t-iarratas, ar na tairbhı´ da´ dtagraı´tear sa che´ ad mhı´r ma´ thugann se´ ar aird ra´ iteas o´ Aireacht Dlı´ agus Cirt na Danmhairge a´ ra´ go gcomhlı´onann se´ na ceanglais eacnamaı´ocha is ga´ chun bheith ca´ ilithe le haghaidh cu´ naimh dhlı´th iu´ il no´ dı´olu´ ine o´ chostais no´ o´ chaiteachais go hiomla´ n no´ go pa´ irteach.
Airteagal 45
Nı´ fe´ idir urru´ s, banna na´ taisce, de chinea´ l ar bith, a e´ ileamh ar pha´ irtı´ a iarrfaidh forghnı´omhu´ i Sta´ t Conarthach amha´ in ar bhrei thiu´ nas a tugadh i Sta´ t Conarthach eile ar an bhforas gur na´ isiu´ nach eachtrach e´ na´ ar an bhforas nach bhfuil saincho´ naı´ na´ gna´ thcho´ naı´ air sa Sta´ t a n-iarrtar an forghnı´omhu´ ann.
ROINN 3
Fora´ lacha comhchoiteanna
Airteagal 46
Dlı´fidh pa´ irtı´ a iarrfaidh aithint no´ forghnı´omhu´ ar bhreithiu´ nas na nithe seo a leanas a thabhairt ar aird:
1. co´ ip den bhreithiu´ nas a sha´ so´ didh na coinnı´ollacha is ga´ chun a bara´ ntu´ lacht a shuı´omh;
2. i gca´ s breithiu´ nais mhainneachtana, an cho´ ip bhunaidh no´ co´ ip dhı´lis dheimhnithe den doicime´ ad a´ shuı´omh gur seirbhea´ ladh
Sch.1
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
doicime´ d tionscanta na n-imeachtaı´ no´ doicime´ ad comhionann ar an bpa´ irtı´ mainneachtnach.
Airteagal 47
Dl´ıfidh pa´ irt´ı a iarrfaidh forghn´ıomhu´ na nithe seo a leanas a thabh
airt ar aird freisin:
1. doicime´ id a´ shuı´omh go bhfuil an breithiu´ nas infhorghnı´omhai
the, agus gur sierbhea´ ladh e´ , de re´ ir dhlı´ an Sta´ it tionscnaimh;
2. ma´ s cuı´, doicime´ ad a´ thaispea´ int go bhfuil cu´ namh dlı´thiu´ il a´
fha´ il ag an iarrataso´ ir sa Sta´ t tionscnaimh.
Airteagal 48
Mura dtugtar ar aird na doicime´ id a luaitear in Airteagal 46(2) agus in Airteagal 47(2), fe´ adfaidh an chu´ irt tre´ imhse a shonru´ chun iad a thabhairt ar aird, no´ glacadh le doicime´ id chomhionanna, no´ de´ anamh d’e´ agmais na ndoicime´ ad ma´ mheasann sı´ go bhfuil a sa´ ith faisne´ ise os a comhair.
De´ anfar aistriu´ cha´ n ar na doicime´ id a thabhairt ar aird ma´ e´ ilı´onn an chu´ irt e´ ; n´ı fola´ ir an t-aistriu´ cha´ n a bheith deimhnithe ag duine ata´ ca´ ilithe chuige sin i gceann de na Sta´ it Chonarthacha.
Airteagal 49
Nı´ ga´ aon dlı´thiu´ ilı´ocht na´ aon fhoirmiu´ lacht da´ samhail i leith na ndoicime´ ad a luaitear in Airteagal 46 no´ 47 no´ sa dara mı´r d’Airtea gal 48, na´ i leith doicime´ ad ag ceapadh ionadaı´ ad litem.
TEIDEAL IV
IONSTRAIMI´ BARA´ NTU´ LA AGUS SOCRAI´OCHTAI´ CU´ IRTE
Airteagal 50
Doicime´ ad a tarraingı´odh suas go foirmiu´ il no´ a cla´ raı´odh mar ionstraim bhara´ ntu´ il agus is infhorghnı´omhaithe i Sta´ t Conarthach amha´ in, de´ anfar, arna iarraidh sin de re´ ir an no´ s imeachta da´ bhfora´ iltear in Airteagal 31 et seq, a dhearbhu´ , i Sta´ t Conarthach eile, go bhfuil se´ infhorgnı´omhaithe ann. Nı´ fe´ idir diu´ ltu´ don iarratas ach amha´ in i gca´ s forghnı´omhu´ na hionstraime a bheith contra´ rtha leis an ord poiblı´ sa Sta´ t chun a nde´ antar an t-iarratas.
Nı´ fola´ ir an ionstraim a thabharfar ar aird a bheith de re´ ir na gco
innı´ollacha is ga´ chun a bara´ ntu´ lacht sa Sta´ it tionscnaimh a shuı´omh.
Beidh feidhm le fora´ lacha Roinn 3 de Theideal III de re´ ir mar is cuı´.
Airteagal 51
Socraı´ocht ar tugadh formheas uirthi sa chu´ irt i gcu´ rsa imeachtaı´ agus is infhorghnı´omhaithe sa Sta´ t inar tugadh i gcrı´ch ´ı fe´ adfar ´ı a fhorghnı´omhu´ sa Sta´ t chun a nde´ antar an t-iarratas, faoi na coinnı´oll acha ce´ anna le hionstraimı´ bara´ ntu´ la.
|
[1998.] |
Jurisdiction of Courts and |
[No. 52.] | |
|
Enforcement of Judgments Act, 1998. TEIDEAL V |
Sch.1 | ||
|
FORA´ LACHA GINEARA´ LTA | |||
|
Airteagal 52 |
Chun a chinneadh an bhfuil saincho´ naı´ ar pha´ irtı´ i Sta´ t Conarthach ar tugadh a´ bhar os comhair a chu´ irteanna, cuirfidh an chu´ irt a dlı´ inmhea´ nach chun feidhme.
Mura bhfuil saincho´ naı´ ar pha´ irtı´ sa Sta´ t ar tugadh an t-a´ bhar os comhair a chu´ irteanna, de´ anfaidh an chu´ irt, chun a chinneadh an bhfuil saincho´ naı´ i Sta´ t Conarthach eile ar an bpa´ irtı´, dlı´ an Sta´ it sin a chur chun feidhme.
Airteagal 53
Chun crı´ocha an Choinbhinsiu´ in seo, measfar saincho´ naı´ a bheith ar chuideachta no´ ar dhuine dlı´theanach no´ ar chomhlachas de dhao ine na´ du´ rtha no´ dlı´theanacha san a´ it a bhfuil a suı´omh. Ach chun an suı´omh sin a chinneadh cuirfidh an chu´ irt rialacha a dlı´ idirna´ isiu´ nta phrı´obha´ idigh chun feidhme.
Chun a chinneadh an bhfuil saincho´ naı´ ar iontaobhas sa Sta´ t Con arthach a bhfuil an t-a´ bhar os comhair a chu´ irteanna, cuirfidh an chu´ irt rialacha a dlı´ idirna´ isiu´ nta phrı´obha´ idigh chun feidhme.
TEIDEAL VI
FORA´ LACHA IDIRTHRE´ IMHSEACHA
Airteagal 54
Nı´ bhainfidh fora´ lacha an Choinbhinsiu´ in seo ach le himeachtaı´ dlı´thiu´ la a thionscno´ far agus le doicime´ id a tharraingeofar suas go foirmiu´ il no´ a chla´ ro´ far mar ionstraimı´ bara´ ntu´ la e´ is a theachta i bhfeidhm sa Sta´ t tionscnaimh agus, ma´ iarrtar aithint no´ forghnı´omhu´ breithiu´ nais no´ ionstraime bara´ ntu´ la, sa Sta´ t chun a nde´ antar an t-iarratas.
De´ anfar, a´ fach, breithiu´ nais a thabharfar tar e´ is da´ ta an Cho inbhinsiu´ in seo a theacht i bhfeidhm idir an Sta´ t tionscnaimh agus an Sta´ t chun a nde´ antar an t-iarratas, i gca´ s imeachtaı´ a tionscnaı´odh roimh an da´ ta sin, a aithint agus a fhorghnı´omhu´ de re´ ir fhora´ lacha Theideal III ma´ bhı´ dlı´nse bunaithe ar rialacha i gcomhre´ ir leis na rialacha da´ bhfora´ iltear i dTeideal II den Choinbhinsiu´ n seo no´ i gcoinbhinsiu´ n a cuireadh i gcrı´ch idir an Sta´ t tionscnaimh agus an Sta´ t chun a nde´ antar an t-iarratas agus a raibh feidhm aige nuair a tionscnaı´odh na himeachtaı´.
Ma´ bh´ı na pa´ irtithe i nd´ıospo´ id i dtaobh conartha tar e´ is comh aontu´ a dhe´ annamh i scrı´bhinn, roimh an 1 Meitheamh 1988 i gca´ s na hE´ ireann agus an 1 Eana´ ir 1987 i gca´ s na R´ıochta Aontaithe, go mbeadh an conradh faoi rialu´ ag dlı´ na hE´ ireann no´ ag dlı´ cuid den Rı´ocht Aontaithe, coinneoidh cu´ irteanna na hE´ ireann no´ na coda sin den Rı´ocht Aontaithe an ceart chun dlı´nse a fheidhmiu´ sa dı´ospo´ id.
Sch.1
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
Airteagal 54a
Go ceann tre´ imhse trı´ bliana o´ n 1 Samhain 1986 i gca´ s na Danmhairge agus o´ n 1 Meitheamh 1988 i gca´ s na hE´ ireann, de´ anfar dlı´nse in a´ bhair mhuirı´ a chinneadh sna Sta´ it sin de re´ ir fhora´ lacha Theideal II, i dteannta fhora´ lacha phointı´ 1 go 6 anseo thı´os. Ach nuair a thiocfaidh an Coinbhinsiu´ n Idirna´ isiu´ nta maidir le longa farr aige a ghabha´ il, a s´ını´odh sa Bhruise´ il ar an 10 Bealtaine 1952, i bhfeidhm i gca´ s ceann de na Sta´ it sin, scoirfidh na fora´ lacha seo d’e´ ifeacht a bheith acu i gca´ s an Sta´ it sin.
1. Fe´ adfar duine ar a bhfuil saincho´ naı´ i Sta´ t Conarthach a agairt i gcu´ irteanna ceann de na Sta´ it thuasluaite maidir le he´ ileamh muirı´ ma´ s ma´ s rud e´ go ndearnadh an long lena mbaineann an t-e´ ileamh, no´ aon long eile leis an duine sin, a ghabha´ il trı´ phro´ is dlı´ i gcrı´och an Sta´ it is de´ anaı´ ata´ luaite chun an t-e´ ile amh a urru´ , no´ go bhfe´ adfaı´ ı´ a ghabha´ il ann amhlaidh ach gur tugadh banno no´ urru´ s eile, sna ca´ sanna seo a leanas:
(a) ma´ ta´ saincho´ naı´ sa Sta´ t deireanach sin ar an e´ ilitheoir; no´ (b) ma´ s sa Sta´ t deireanach sin a d’e´ irigh an t-e´ ileamh; no´
(c) ma´ bhaineann an t-e´ ileamh leis an aistear ar lena linn a rinneadh an ghabha´ il no´ a d’fhe´ adfaı´ ı´ a dhe´ anamh; no´
(d) ma´ thig an t-e´ ileamh as imbhualadh no´ as dama´ iste a rinne long do long eile no´ d’earraı´ no´ do dhaoine ar bord ceach tar long, trı´ chor inlı´ochta a dhe´ anamh no´ gan e´ a dhe´ an amh no´ trı´ neamhchomhlı´onadh rialacha´ n; no´
(e) ma´ s e´ ileamh ar tharrtha´ las ata´ ann; no´
(f) ma´ s e´ ileamh i leith mhorga´ istiu´ na loinge a gabhadh no´ i leith a curtha i ngeall ata´ ann.
2. Fe´ adfaidh e´ ilitheoir an long a´ irithe a mbaineann an t-e´ ileamh muirı´ le´ i a ghabha´ il, no´ aon long eile leis an duine arbh e´ u´ ine´ ir na loinge a´ irithe e´ an tra´ th a d’e´ irigh an t-e´ ileamh muirı´. Ach i gca´ s na n-e´ ileamh muirı´ ata´ leagtha amach in 5(o), (p) no´ (q) den Airteagal seo, nı´ fe´ idir a ghabha´ il ach an long a´ irithe a mbaineann an t-e´ ileamh muirı´ le´ i.
3. Measfar longa a bheith san u´ ine´ ireacht che´ anna nuair is leis an duine no´ na daoine ce´ anna na scaireanna go le´ ir iontu.
4. I gca´ s cairtfhostu´ loinge trı´na forle´ asadh, ma´ s e´ an cairtfhosto´ ir amha´ in ata´ faoi dhliteanas i leith e´ ilimh mhuirı´ a bhaineann leis an long sin, fe´ adfaidh an t-e´ ilitheoir an long sin no´ aon long eile leis an gcairtfhosto´ ir a ghabha´ il, ach nı´ fhe´ adfar aon long eile is leis an u´ ine´ ir a ghabha´ il i leith an e´ ilimh mhuirı´ sin. Is mar sin a bheidh freisin in aon cha´ s ina mbeidh duine seachas u´ ine´ ir loinge faoi dhliteanas i leith e´ ilimh mhuirı´ a bhaineann leis an long sin.
5. Ciallaı´onn an abairt ‘‘e´ ileamh muirı´’’ e´ ileamh a thig as nı´ no´
nithe dı´obh seo a leanas:
(a) dama´ iste ar bith a raibh long ina cu´ is leis, trı´ imbhualadh no´ ar dho´ igh eile;
(b) ba´ s duine no´ dı´obha´ il do dhuine a raibh long ar bith ina cu´ is leis no´ a tharla i nda´ il le hoibriu´ loinge ar bith;
(c) tarrtha´ las;
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
(d) comhaontu´ maidir le hu´ sa´ id no´ le fruiliu´ loinge ar bith, cibe´ Sch.1 acu trı´ chonradh fostaithe no´ ar dho´ igh eile e´ ;
(e) comhaontu´ maidir le hiompar earraı´ in aon long cibe´ acu trı´ chonradh fostaithe no´ ar dho´ igh eile e´ ;
(f) cailleadh no´ dama´ istiu´ earraı´, lena n-a´ irı´tear baga´ iste, a bhı´
a´ n-iompar i long ar bith;
(g) caillroinnt ilpha´ irteach; (h) longmhorga´ iste;
(i) tua´ il;
(j) p´ıolo´ taı´ocht;
(k) earraı´ no´ a´ bhair a sola´ thraı´odh in a´ it ar bith do long chun ı´ a oibriu´ no´ a choimea´ d i dtreo;
(l) de´ anamh, deisiu´ no´ trealmhu´ loinge ar bith no´ ta´ illı´ agus dleachtanna duga;
(m) pa´ ma´ istrı´, oifigeach no´ foirne;
(n) eisı´ocaı´ochtaı´ ma´ istir, lena n-a´ irı´tear eisı´ocaı´ochtaı´ a rinne seolado´ irı´, cairtfhosto´ irı´ no´ gnı´omhairı´ thar ceann loinge no´ thar ceann a hu´ ine´ ara;
(o) d´ıospo´ id i dtaobh an teidil chun loinge ar bith no´ i dtaobh a hu´ ine´ ireachta;
(p) d´ıospo´ idı´ idir comhu´ ine´ irı´ loinge ar bith i dtaobh u´ ine´ ir
eacht, sheilbh, u´ sa´ id no´ thuilleamh na loinge sin;
(q) morga´ istiu´ loinge ar bith no´ a cur i ngeall.
6. Sa Danmhairg, measfar, maidir leis na he´ ilimh mhuirı´ da´ dtag raı´tear in 5(o) agus (p) den Airteagal seo, go bhfolaı´onn an focal ‘‘gabha´ il’’ (‘‘forbud’’) i gca´ s inarb e´ sin an t-aon no´ s imeachta amha´ in a cheadaı´tear i leith e´ ilimh den so´ rt sin faoi Airteagail 646 go 653 den Acht i dtaobh an no´ s imeachta shibhi alta (lov om rettens pleje).
TEIDEAL VII
GAOL LE COINBHINSIU´ IN EILE
Airteagal 55
Faoi re´ ir fhora´ lacha an dara mı´r d’Airteagal 54, agus Airteagal 56, gabhfaidh an Coinbhinsiu´ n seo, i gca´ s na Sta´ t is pa´ irtithe ann, ionad na gCoinbhinsiu´ n seo a leanas a tugadh i gcrı´ch idir dha´ cheann no´ nı´os mo´ dı´obh:
— an Coinbhinsiu´ n idir an Bheilg agus an Fhrainc ar dhlı´nse agus bailı´ocht agus forghnı´omhu´ breithiu´ nas, da´ mhachtaintı´ eadra´ na agus ionstraimı´ bara´ ntu´ la, a s´ını´odh i bPa´ ras ar an 8 Iu´ il 1899,
— an Coinbhinsiu´ n idir an Bheilg agus an I´silt´ır ar dhlı´nse, ar fhe´ imheacht, agus ar bhailı´ocht agus forghnı´omhu´ breithiu´ nas, da´ mhachtaintı´ eadra´ na agus ionstraimı´ bara´ ntu´ la, a sı´nı´odh sa Bhruise´ il ar an 28 Ma´ rta 1925,
— an Coinbhinsiu´ n idir an Fhrainc agus an Ioda´ il ar fhorghnı´ omhu´ breithiu´ nas in a´ bhair shibhialta agus tra´ chta´ la, a sı´nı´odh sa Ro´ imh ar an 3 Meitheamh 1930,
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
Sch.1 — an Coinbhinsiu´ n idir an Rı´ocht Aontaithe agus Poblacht na Fraince ag de´ anamh socru´ d’fhorghnı´omhu´ co´ mhalartach brei thiu´ nas in a´ bhair shibhialta agus tra´ chta´ la, maille le Pro´ tacal, a sı´nı´odh i bPa´ ras ar an 18 Eana´ ir 1934,
— an Coinbhinsiu´ n idir an Rı´ocht Aontaithe agus Rı´ocht na Beilge ag de´ anamh socru´ d’fhorghnı´omhu´ co´ mhalartach brei thiu´ nas in a´ bhair shibhialta agus tra´ chta´ la, maille le Pro´ tacal, a sı´nı´odh sa Bhruise´ il ar an 2 Bealtaine 1934,
— an Coinbhinsiu´ n idir an Ghearma´ in agus an Ioda´ il ar aithint agus forghnı´omhu´ breithiu´ nas in a´ bhair shibhialta agus tra´ cht a´ la, a s´ını´odh sa Ro´ imh ar an 9 Ma´ rta 1936,
— an Coinbhinsiu´ n idir Rı´ocht na Beilge agus an Ostair ar aithint agus forghnı´omhu´ co´ mhalartach breithiu´ nas agus ionstraimı´ bara´ ntu´ la maidir le hoibleaga´ idı´ cothabha´ la, a sı´nı´odh i Vı´n an
25 Deireadh Fo´ mhair 1957,
— an Coinbhinsiu´ n idir Poblacht Cho´ naidhme na Gearma´ ine agus Rı´ocht na Beilge ar aithint agus forghnı´omhu´ breithiu´ nas, da´ m hachtaintı´ eadra´ na agus ionstraimı´ bara´ ntu´ la go frithpa´ irteach in a´ bhair shibhialta agus tra´ chta´ la, a sı´nı´odh in Bonn ar an 30
Meitheamh 1958,
— an Coinbhinsiu´ n idir Rı´ocht na hI´siltı´re agus Poblacht na hIoda´ ile ar aithint agus forghnı´omhu´ breithiu´ nas in a´ bhair shibhialta agus tra´ chta´ la, a s´ını´odh sa Ro´ imh ar an 17 Aibrea´ n
1959,
— an Coinbhinsiu´ n idir Poblacht Cho´ naidhme na Gearma´ ine agus an Ostair ar aithint agus forghnı´omhu´ co´ mhalartach brei thiu´ nas, socraı´ochtaı´ agus ionstraimı´ bara´ ntu´ la in a´ bhair shibhi alta agus tra´ chta´ la, a s´ını´odh i V´ın ar an 6 Meitheamh 1959,
— an Coinbhinsiu´ n idir Rı´ocht na Beilge agus an Ostair ar aithint agus forghnı´omhu´ co´ mhalartach breithiu´ nas, da´ mhachtaintı´ eadra´ na agus ionstraimı´ bara´ ntu´ la in a´ bhair shibhialta agus tra´ chta´ la, a s´ını´odh i V´ın an 16 Meitheamh 1959,
— an Coinbhinsiu´ n idir an Rı´ocht Aontaithe agus Poblacht Cho´ naidhme na Gearma´ ine le haghaidh aithint agus forghnı´omhu´ breithiu´ nas go co´ mhalartach in a´ bhair shibhialta agus tra´ chta´ la, a s´ını´odh in Bonn ar an 14 Iu´ il 1960,
— an Coinbhinsiu´ n idir an Rı´ocht Aontaithe agus an Ostair le haghaidh aithint agus forghnı´omhu´ co´ mhalartach breithiu´ nas in a´ bhair shibhialta agus tra´ chta´ la, a s´ını´odh i V´ın an 14 Iu´ il
1961, maille le Pro´ tacal leasaitheach a sı´nı´odh i Londain an 6
Ma´ rta 1970,
— an Coinbhinsiu´ n idir Rı´ocht na Gre´ ige agus Poblacht Cho´ naidhme na Gearma´ ine le haghaidh aithint agus forghnı´omhu´ breithiu´ nas, socraı´ochtaı´ agus ionstraimı´ bara´ n tu´ la go co´ mhalartach in a´ bhair shibhialta agus tra´ chta´ la, a sı´nı´odh san Aithin ar an 4 Samhain 1961,
— an Coinbhinsiu´ n idir Rı´ocht na Beilge agus Poblacht na hIoda´ ile ar aithint agus forghnı´omhu´ breithiu´ nas agus ionstraimı´ infhorghnı´omhaithe eile in a´ bhair shibhialta agus tra´ chta´ la, a sı´nı´odh sa Ro´ imh ar an 6 Aibrea´ n 1962,
— an Coinbhinsiu´ n idir Rı´ocht na hI´siltı´re agus Poblacht Cho´ naidhme na Gearma´ ine ar aithint agus forghnı´omhu´ brei thiu´ nas agus ionstraimı´ infhorghnı´omhaithe eile go frithpha´ ir teach in a´ bhair shibhialta agus tra´ chta´ la, a sı´nı´odh sa Ha´ ig ar an 30 Lu´ nasa 1962,
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
— an Coinbhinsiu´ n idir Rı´ocht na hI´siltı´re agus an Ostair le Sch.1 haghaidh aithint agus forghnı´omhu´ co´ mhalartach breithiu´ nas
agus ionstraimı´ bara´ ntu´ la in a´ bhair shibhialta agus tra´ chta´ la, a sı´nı´odh sa Ha´ ig ar an 6 Feabhra 1963,
— an Coinbhinsiu´ n idir an Fhrainc agus an Ostair ar aithint agus forghnı´omhu´ breithiu´ nas agus ionstraimı´ bara´ ntu´ la in a´ bhair shibhialta agus tra´ chta´ la, a s´ını´odh i V´ın ar an 15 Iu´ il 1966,
— an Coinbhinsiu´ n idir an Rı´ocht Aontaithe agus Rı´ocht na hI´sil tı´re ag de´ anamh socru´ d’aithint agus d’fhorghnı´omhu´ brei thiu´ nas go co´ mhalartach in a´ bhair shibhialta, a sı´nı´odh sa Ha´ ig ar an 17 Samhain 1967,
— an Coinbhinsiu´ n idir an Spa´ inn agus an Fhrainc ar aithint agus ar fhorghnı´omhu´ breithiu´ nas agus da´ mhachtaintı´ eadra´ na in a´ bhair shibhialta agus tra´ chta´ la, a sı´nı´odh i bPa´ ras ar an 28
Bealtaine 1969,
— an Coinbhinsiu´ n idir an Rı´ocht Aontaithe agus Poblacht na hIoda´ ile le haghaidh aithint agus forghnı´omhu´ breithiu´ nas go co´ mhalartach in a´ bhair shibhialta agus tra´ chta´ la, a sı´nı´odh sa Ro´ imh ar an 7 Feabhra 1964, maille le Pro´ tacal leasaitheach a sı´nı´odh sa Ro´ imh ar an 14 Iu´ il 1970,
— an Coinbhinsiu´ n idir Lucsamburg agus an Ostair ar aithint agus forghnı´omhu´ breithiu´ nas agus ionstraimı´ bara´ ntu´ la in a´ bhair shibhialta agus tra´ chta´ la, a sı´nı´odh i Lucsamburg an 29 Iu´ il
1971,
— an Coinbhinsiu´ n idir an Ioda´ il agus an Ostair ar aithint agus forghnı´omhu´ breithiu´ nas in a´ bhair shibhialta agus tra´ chta´ la, socraı´ochtaı´ cu´ irte agus ionstraimı´ bara´ ntu´ la, a sı´nı´odh sa Ro´ imh an 16 Samhain 1971,
— an Coinbhinsiu´ n idir an Spa´ inn agus an Ioda´ il ar chu´ namh dlı´thiu´ il agus ar aithint agus forghnı´omhu´ breithiu´ nas in a´ bhair shibhialta agus tra´ chta´ la, a s´ını´odh i Maidrid ar an 22 Bealtaine
1973,
— an Coinbhinsiu´ n idir an Fhionlainn, an I´oslainn, an Iorua, an tSualainn agus an Danmhairg ar aithint agus forghnı´omhu´ brei thiu´ nas in a´ bhair shibhialta, a sı´nı´odh i gCo´ banha´ van an 11
Deireadh Fo´ mhair 1977,
— an Coinbhinsiu´ n idir an Ostair agus an tSualainn ar aithint agus forghnı´omhu´ breithiu´ nas in a´ bhair shibhialta, a sı´nı´odh i Sto´ c o´ lm an 16 Mea´ n Fo´ mhair 1982,
— an Coinbhinsiu´ n idir an Spa´ inn agus Poblacht Cho´ naidhme na Gearma´ ine ar aithint agus forghnı´omhu´ breithiu´ nas agus socra ı´ochtaı´ cu´ irte agus ionstraimı´ bara´ ntu´ la infhorghnı´omhaithe in a´ bhair shibhialta agus tra´ chta´ la, a sı´nı´odh in Bonn ar an 14
Samhain 1983,
— an Coinbhinsiu´ n idir an Ostair agus an Spa´ inn ar aithint agus forghnı´omhu´ breithiu´ nas, socraı´ochtaı´ agus ionstraimı´ bara´ n tu´ la infhorghnı´omhaithe in a´ bhair shibhialta agus tra´ chta´ la, a sı´nı´odh i V´ın an 17 Feabhra 1984,
— an Coinbhinsiu´ n idir an Fhionlainn agus an Ostair ar aithint agus forghnı´omhu´ breithiu´ nas in a´ bhair shibhialta, a sı´nı´odh i Vı´n an 17 Samhain 1986,
agus, se mhe´ id go bhfuil se´ i bhfeidhm,
— an Conradh idir an Bheilg, an I´siltı´r agus Lucsamburg ar dhlı´nse, ar fhe´ imheacht, agus ar bhailı´ocht agus forghnı´omhu´
Sch.1
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
breithiu´ nas, da´ mhachtaintı´ eadra´ na agus ionstraimı´ bara´ ntu´ la, a s´ını´odh sa Bhruise´ il ar an 24 Samhain 1961.
Airteagal 56
Leanfaidh na Conarthaı´ agus na Coinbhinsiu´ in a luaitear in Airt eagal 55 d’e´ ifeacht a bheith acu maidir le ha´ bhair nach mbaineann an Coinbhinsiu´ n seo leo.
Leanfaidh siad d’e´ ifeacht a bheith acu i leith breithiu´ nas a tugadh agus doicime´ ad a tarraingı´odh suas go foirmiu´ il no´ a cla´ raı´odh mar ionstraimı´ bara´ ntu´ la roimh theacht i bhfeidhm don Choinbhinsiu´ n seo.
Airteagal 57
1. Nı´ dhe´ anfaidh an Coinbhinsiu´ n seo difear d’aon choinbhinsiu´ in a bhfuil no´ a mbeidh na Sta´ it Chonarthacha ina bpa´ irtithe iontu agus a rialaı´onn, i nda´ il le ha´ bhair a´ irithe, dlı´nse no´ aithint no´ forghnı´omhu´ breithiu´ nas.
2. Chun a a´ irithiu´ go nde´ anfar le´ iriu´ comhionann uirthi, cuirfear mı´r 1 chun feidhme mar a leanas:
(a) N´ı choiscfidh an Coinbhinsiu´ n seo ar chu´ irt de chuid Sta´ it Chonarthaigh is pa´ irtı´ i gcoinbhinsiu´ n maidir le ha´ bhar a´ iri the dlı´nse a ghlacadh de re´ ir an choinbhinsiu´ in sin, fiu´ ma´ bhı´onn saincho´ naı´ ar an gcosanto´ ir i Sta´ t Conarthach nach pa´ irtı´ sa choinbhinsiu´ n sin. Ar aon slı´, cuirfidh an chu´ irt a e´ istfidh an chaingean Airteagal 20 den Choinbhinsiu´ n seo chun feidhme.
(b) De´ anfar breithiu´ nais a thabharfaidh cu´ irt i Sta´ t Conarthach i bhfeidhmiu´ dlı´nse da´ bhfora´ iltear i gcoinbhinsiu´ n maidir le ha´ bhar a´ irithe a aithint agus a fhorghnı´omhu´ sna Sta´ it Chonarthacha eile de re´ ir an Choinbhinsiu´ in seo.
Nuair a dhe´ anann coinbhinsiu´ n maidir le ha´ bhar a´ irithe inar pa´ irtithe an Sta´ t tionscnaimh agus an Sta´ t chun a nde´ antar an t-iarratas araon coinnı´ollacha a leagan sı´os le haghaidh breithiu´ nais a aithint no´ a fhorghnı´omhu´ , beidh fiedhm ag na coinnı´ollacha sin. Ar aon slı´, fe´ adfar fora´ lacha an Choinbhinsiu´ in seo a bhaineann leis na no´ sanna imeachta le haghaidh breithiu´ nais a aithint agus a fhorghnı´ omhu´ a chur chun feidhme.
3. Nı´ dhe´ anfaidh an Coinbhinsiu´ n seo difear d’fheidhmiu´ fora´ la cha a rialaı´onn, maidir le ha´ bhair a´ irithe, dlı´nse no´ aithint no´ forghnı´omhu´ breithiu´ nas agus ata´ no´ a bheidh leagtha sı´os in ion straimı´ na gComhphobal Eorpach no´ i reachtaı´ocht na´ isiu´ nta arna comhchuibhiu´ de dhroim na n-ionstraimı´ sin.
Airteagal 58
Go dtı´ go dtiocfaidh an Coinbhinsiu´ n ar dhlı´nse agus ar fhorghnı´ omhu´ breithiu´ nas in a´ bhair shibhialta agus tra´ chta´ la a s´ını´odh in Lugano ar an 16 Mea´ n Fo´ mhair 1988 i bhfeidhm i leith na Fraince agus na Co´ naidhme Eilve´ isı´, n´ı dhe´ anfaidh fora´ lacha an Choinbhinsi u´ in seo difear do na cearta a deonaı´odh do na´ isiu´ naigh Eilve´ iseacha leis an gCoinbhinsiu´ n idir an Fhrainc agus an Cho´ naidhm Eilve´ iseach ar dhlı´nse agus ar fhorghnı´omhu´ breithiu´ nas in a´ bhair shibhialta, a sı´nı´odh i bPa´ ras ar an 15 Meitheamh 1869.
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
Airteagal 59 Sch.1
Nı´ choiscfidh an Coinbhinsiu´ n seo ar Sta´ t Conarthach a ghabha´ il d’oibleaga´ id air fe´ in i leith trı´u´ Sta´ t, i gcoinbhinsiu´ n um aithint agus forghnı´omhu´ breithiu´ nas, gan breithiu´ nais a aithint a tugadh i Sta´ it Chonarthacha eile i gcoinne cosanto´ irı´ a raibh saincho´ naı´ no´ gna´ th cho´ naı´ orthu sa trı´u´ Sta´ t ma´ s rud e´ , i gca´ sanna da´ bhfora´ iltear in Airteagal 4, na´ rbh fhe´ idir an breithiu´ nas a bhunu´ ach amha´ in ar fhoras dlı´nse a shonraı´tear sa dara mı´r d’Airteagal 3.
Nı´ fhe´ adfaidh Sta´ t Conarthach, a´ fach, e´ a ghabha´ il d’oibleaga´ id air fe´ in i leith trı´u´ Sta´ t gan breithiu´ nas a aithint a bheidh tugtha i Sta´ t Conarthach eile ag cu´ irt ar bunaı´odh a dlı´nse ar mhaoin leis an gcos anto´ ir a bheith sa Sta´ t sin, no´ ar urghabha´ il ag an ngeara´ naı´ ar mhaoin ata´ sa Sta´ t sin, ma´ s rud e´ :
1. gur tionscnaı´odh an chaingean chun cearta dı´lsea´ naigh no´ cearta seilbhe ar an maoin sin a fho´ gairt no´ a dhearbhu´ no´ chun u´ dara´ s a fha´ il ´ı a dhiu´ scairt, no´ gur as saincheist eile a bhaine ann leis an maoin sin a thig an chaingean; no´
2. gurb
´ı an mhaoin sin an t-urru´ s i leith fiach is a´ bhar don
chaingean.
TEIDEAL VIII
FORA´ LACHA CRI´OCHNAITHEACHA
Airteagal 60
[scriosta]
Airteagal 61
De´ anfaidh Sta´ it a shı´nithe daingniu´ ar an gCoinbhinsiu´ n seo. Taiscfear na hionstraimı´ daingniu´ cha´ in le hArdru´ naı´ Chomhairle na gComhphobal Eorpach.
Airteagal 62
Tiocfaidh an Coinbhinsiu´ n seo i bhfeidhm ar an gce´ ad la´ den trı´u´ mı´ i ndiaidh thaisceadh na hionstraime daingniu´ cha´ in ag an gceann is de´ anaı´ de Sta´ it a shı´nithe a dhe´ anfaidh an taisceadh sin.
Airteagal 63
Aithnı´onn na Sta´ it Chonarthacha go ndlı´fidh aon Sta´ t a thiocfaidh chun bheith ina chomhalta de Chomhphobal Eacnamaı´ochta na hEorpa glacadh leis an gChoinbhinsiu´ n seo mar bhonn do na caibidlı´ is ga´ idir na Sta´ it Chonarthacha agus an Sta´ t sin chun a a´ irithiu´ go bhfeidhmeofar an fhomhı´r dheireanach d’Airteagal 220 den Chon radh ag bunu´ Chomhphobal Eacnamaı´ochta na hEorpa.
Is fe´ idir na hoiriu´ nuithe is ga´ a bheith ina n-a´ bhar do choinbhin siu´ n speisialta idir na Sta´ it Chonarthacha de pha´ irt agus an Ballsta´ t nua den pha´ irt eile.
Airteagal 64
Cuirfidh Ardru´ naı´ Chomhairle na gComhphobal Eorpach in iu´ l do na Sta´ it a shı´neoidh an Coinbhinsiu´ n seo:
Sch.1
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
(a) taisceadh gach ionstraime daingniu´ cha´ in;
(b) da´ ta an Choinbhinsiu´ in seo a theacht i bhfeidhm; (c) [scriosta];
(d) aon dearbhu´ a fuarthas de bhun Airteagal IV den Phro´ tacal; (e) aon te´ acsanna a fuarthas de bhun Airteagal VI den Phro´ tacal.
Airteagal 65
Is cuid dhı´lis den Choinbhinsiu´ n seo an Pro´ tacal ata´ curtha i gcean
gal leis de chomhthoil na Sta´ t Conarthach.
Airteagal 66
Ta´ an Coinbhinsiu´ n seo tugtha i gcrı´ch go ceann tre´ imhse gan teorainn.
Airteagal 67
Fe´ adfaidh Sta´ t Conarthach ar bith athbhreithniu´ ar an gCoinbhin siu´ n seo a iarraidh. Sa cha´ s sin, como´ rfaidh Uachtara´ n Chomhairle na gComhphobal Eorpach comhdha´ il lena athbhreithniu´ .
Airteagal 68
Tarraingı´odh an Coinbhinsiu´ n seo suas i scrı´bhinn bhunaidh amha´ in sa Fhraincis, sa Ghearma´ inis, san Ioda´ ilis agus san Ollainnis, agus comhu´ dara´ s ag gach ceann de na ceithre the´ acs; taiscfear e´ i gcartlann Ru´ naı´ocht Chomhairle na gComhphobal Eorpach, agus cuirfidh an tArdru´ naı´ co´ ip dheimhnithe chuig Rialtas gach ceann de Sta´ it a shı´nithe.
[S´ınithe na La´ nchumhachtach a ceapadh.] PRO´ TACAL
Ta´ na hArdpha´ irtithe Conarthacha tar e´ is comhaontu´ ar na fora´ la
cha seo a leanas, a chuirfear i gceangal leis an gCoinbhinsiu´ n:
Airteagal I
Aon duine ina shaincho´ naı´ i Lucsamburg a agro´ far i gcu´ irt Sta´ it Chonarthaigh eile de bhun Airteagal 5(1), fe´ adfaidh se´ diu´ ltu´ ge´ ill eadh do dhlı´nse na cu´ irte sin. Mura dtaifeadfaidh an cosanto´ ir la´ ithreas, dearbho´ idh an chu´ irt, uaithi fe´ in, nach bhfuil dlı´nse aici.
Beidh comhaontu´ chun dlı´nse a thabhairt, de re´ ir bhrı´ Airteagal
17, gan bhailı´ocht i leith duine a bhfuil saincho´ naı´ air i Lucsamburg murar aontaigh an duine sin leis go sainra´ ite agus go speisialta.
Airteagal II
Gan dochar d’aon fhora´ lacha nı´os fabhraı´ i ndlı´the na´ isiu´ nta, ma´ bhı´onn daoine a bhfuil saincho´ naı´ orthu i Sta´ t Conarthach a´ n-ion chu´ iseamh mar gheall ar chion neamhthoiliu´ il i gcu´ irteanna coiriu´ la
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
Sta´ it Chonarthaigh eile nach na´ isiu´ naigh da´ chuid iad, fe´ adfaidh dao- Sch.1 ine ata´ ca´ ilithe chuige sin feidhmiu´ ar a son lena gcosaint, fiu´ gan iad
a bheith i la´ thair go pearsanta.
Ach fe´ adfaidh an chu´ irt ar tugadh an t-a´ bhar os a comhair a ordu´ do dhuine la´ ithriu´ go pearsanta; mura ndearnadh la´ ithriu´ , n´ıl se´ riachtanach aithint a thabhairt na´ forghnı´omhu´ a dhe´ anamh sna Sta´ it Chonarthacha eile ar bhreithiu´ nas a tugadh sa chaingean shibhialta gan caoi a bheith ag an duine a cu´ isı´odh socru´ a dhe´ anamh chun e´ fe´ in a chosaint.
Airteagal III
In imeachtaı´ chun ordu´ forghnı´omhaithe a eisiu´ int, nı´ dhe´ anfar muirear, dleacht na´ ca´ in ar bith, arna rı´omh de re´ ir luach an a´ bhair i saincheist, a thobhach sa Sta´ t a n-iarrtar an forghnı´omhu´ ann.
Airteagal IV
Doicime´ id dhlı´thiu´ la no´ sheachdhlı´thiu´ la a tarraingı´odh suas i Sta´ t Conarthach amha´ in agus a dhlı´fear a sheirbhea´ il ar dhaoine i Sta´ t Conarthach eile, tarchuirfear iad de re´ ir an no´ s imeachta da´ bhfora´ il tear sna coinbhinsiu´ in agus sna comhaontuithe a cuireadh i gcrı´ch idir na Sta´ it Chonarthacha.
Mura nde´ anfaidh an Sta´ t a bhfuil siad le seirbhea´ il ann ago´ id ina choinne sin trı´ dhearbhu´ d’Ardru´ naı´ Chomhairle na gComhphobal Eorpach, is fe´ idir freisin d’oifigigh phoiblı´ iomchuı´ an Sta´ it inar tar raingı´odh suas an doicime´ ad e´ a chur go dı´reach chuig oifigigh pho iblı´ iomchuı´ an Sta´ it ina bhfuil seolaı´ an doicime´ id le fa´ il. Sa cha´ s sin, de´ anfaidh oifigeach an Sta´ it tionscnaimh co´ ip den doicime´ ad a chur chuig an oifigeach de chuid an Sta´ it chun a nde´ antar an t-iar ratas a bhfuil u´ dara´ s aige ´ı a chur ar aghaidh chuig an seolaı´. Cuirfear an doicime´ ad ar aghaidh ar an modh a shonraı´tear le dlı´ an Sta´ it chun a nde´ antar an t-iarratas. Dearbho´ far go ndearnadh amhlaidh i ndeimhniu´ a chuirfear go dı´reach go dtı´ oifigeach an Sta´ it tionscnaimh.
Airteagal V
I bPoblacht Cho´ naidhme na Gearma´ ine agus i bPoblacht na hOs
taire, nı´ fe´ idir feidhm a bhaint as an dlı´nse a shonraı´tear in Airteagail
6(2) agus 10 i gcaingne ar bhara´ ntas no´ ar ra´ thaı´ocht no´ in aon imeachtaı´ eile trı´u´ pa´ irtı´. Fe´ adfar aon duine a bhfuil saincho´ naı´ air i
Sta´ t Conarthach eile a agairt i gcu´ irteanna:
— Phoblacht Cho´ naidhme na Gearma´ ine, de bhun Airteagail 68, 72 agus 74 de cho´ d an no´ s imeachta shibhialta (Zivilprozessordnung) maidir le fo´ graı´ trı´u´ pa´ irtı´;
— Phoblacht na hOstaire, de bhun Airteagal 21 de cho´ d an no´ s imeachta shibhialta (Zivilprozessordnung) maidir le fo´ graı´ trı´u´ pa´ irtı´.
De´ anfar breithiu´ nais a tugadh sna Sta´ it Chonarthacha eile de bhua Airteagal 6(2), no´ Airteagal 10 a aithint agus a fhorghnı´omhu´ i bPob lacht Cho´ naidhme na Gearma´ ine agus i bPoblacht na hOstaire, de re´ ir Theideal III. Aithneofar mar an gce´ anna sna Sta´ it Chonarthacha eile aon e´ ifeachtaı´ a bheadh ag breithiu´ nais a tugadh sna Sta´ it sin ar thrı´u´ pa´ irtithe, de bhun na fora´ lacha ata´ luaite sa mhı´r sin roimhe seo a chur i bhfeidhm.
Sch.1
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
Airteagal Va
In a´ bhair a bhaineann le cothabha´ il, folaı´onn an focal ‘‘breith
eamh’’, ‘‘cu´ irt’’ agus ‘‘dlı´nse’’ u´ dara´ is riaracha´ in na Danmhairge.
Sa tSualainn, in imeachtaı´ achoimre maidir le horduithe ´ıocaı´ochta (betalningsfo¨ rela¨ ggande) agus cu´ iteamh (handra¨ ckning), folaı´onn an focal ‘‘cu´ irt’’ seirbhı´s forghn´ıomhaithe na Sualainne (kronofogdemyndighet).
Airteagal Vb
In imeachtaı´ a bhaineann le dı´ospo´ id idir ma´ istir loinge farraige ata´ cla´ raithe sa Danmhairg, sa Ghre´ ig, in E´ irinn no´ sa Phortainge´ il, agus duine da´ fhoireann, maidir le luach saothair no´ le coinnı´ollacha eile seirbhı´se, cinnteoidh cu´ irt i Sta´ t Conarthach ce´ acu a cuireadh no´ na´ r cuireadh an dı´ospo´ id i bhfios don oifigeach taidhleoireachta no´ consalach ar a bhfuil cu´ ram na loinge. Cuirfidh sı´ bac ar na him eachtaı´ fad a bheidh an dı´ospo´ id gan cur i bhfios don oifigeach. De´ anfaidh sı´, uaithi fe´ in, dlı´nse a dhiu´ ltu´ ma´ s rud e´ , arna cur i bhfios go cuı´ don oifigeach, gur fheidhmigh se´ na cumhachtaı´ a tugadh do´ san a´ bhar le coinbhinsiu´ n consalach no´ , in e´ agmais coinbhinsiu´ in den so´ rt sin, go ndearna se´ , laistigh den tre´ imhse cheaptha, aon ago´ id in aghaidh fheidhmiu´ na dlı´nse sin.
Airteagal Vc
Nuair a dhe´ anfar faoi chuimsiu´ Airteagal 69(5) den Choinbhinsiu´ n maidir leis an bPaitinn Eorpach don cho´ mhargadh, a sı´nı´odh i Luc samburg ar an 15 Nollaig 1975, Airteagail 52 agus 53 den Choinbhin siu´ n seo a chur chun feidhme ar na fora´ lacha a bhaineann le ‘resi dence’ i dte´ acs Be´ arla an che´ ad Choinbhinsiu´ in sin, is tuigthe tagairt do ‘residence’ sa te´ acs sin a bheith ina tagairt do shaincho´ naı´ in Air teagail 52 agus 53 thuasluaite.
Airteagal Vd
Gan dochar do dhlı´nse Oifig na bPaitinnı´ Eorpacha faoin gCo inbhinsiu´ n chun paitinnı´ Eorpacha a dheonu´ a s´ını´odh in Mu¨ nchen ar an 5 Deireadh Fo´ mhair 1973, beidh dlı´nse eisiach ag cu´ irteanna gach Sta´ it Chonarthaigh, ar neamhchead do shaincho´ naı´, in imeachtaı´ a bhaineann le cla´ ru´ no´ bailı´ocht aon phaitinne Eorpaı´ a deonaı´odh le haghaidh an Sta´ it sin nach paitinn Chomhphobail de bhua fhora´ lacha Airteagal 86 den Choinbhinsiu´ n maidir leis an bPait inn Eorpach don cho´ mhargadh, a sı´nı´odh i Lucsamburg ar an 15
Nollaig 1975.
Airteagal Ve
Measfar freisin gur ionstraimı´ bara´ ntu´ la de re´ ir bhrı´ Airteagal
50(1) den Choinbhinsiu´ n coinbhinsiu´ in maidir le hoibleaga´ idı´ cothabha´ la arna dtabhairt i gcrı´ch os comhair na n-u´ dara´ s riaracha´ in no´ arna bhfı´ordheimhniu´ acu.
Airteagal VI
Cuirfidh na Sta´ it Chonarthacha in iu´ l d’Ardru´ naı´ Chomhairle na gComhphobal Eorpach te´ acsanna aon fhora´ lacha ina ndlı´the a dhe´ anann leasu´ ar na fora´ lacha sin da´ ndlı´the a luaitear sa Cho inbhinsiu´ n no´ ar liosta na gcu´ irteanna a shonraı´tear i Roinn 2 de Theideal III den Choinbhinsiu´ n.
[S´ınithe na La´ nchumhachtach arna gceapadh.]
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
SECOND SCHEDULE
Text of the 1971 Protocol as amended by the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention1
on the interpretation by the Court of Justice of the Convention of
27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters
Article 1
The Court of Justice of the European Communities shall have jurisdiction to give rulings on the interpretation of the Convention on jurisdiction and the enforcement of judgments in civil and com mercial matters and of the Protocol annexed to that Convention, signed at Brussels on 27 September 1968, and also on the interpreta tion of the present Protocol.
The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland to the Convention of 27 September 1968 and to this Protocol.
The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Hellenic Republic to the Convention of 27
September 1968 and to this Protocol, as adjusted by the 1978
Convention.
The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Kingdom of Spain and the Portuguese Republic to the Convention of 27 September 1968 and to this Proto col, as adjusted by the 1978 Convention and the 1982 Convention.
The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Convention of 27 September
1968 and to this Protocol, as adjusted by the 1978 Convention, the
1982 Convention and the 1989 Convention.
Article 2
The following courts may request the Court of Justice to give pre
liminary rulings on questions of interpretation:
1. —in Belgium: la Cour de Cassation — het Hof van Cassatie and le Conseil d’Etat — de Raad van State,
—in Denmark: højesteret,
—in the Federal Republic of Germany: die obersten Gerichtsh
o¨ fe des Bundes,
—in Greece: the anw´ tata dikasth´ aia,
—in Spain: el Tribunal Supremo,
—in France: la Cour de Cassation and le Conseil d’E´ tat,
1OJ No. C 27 of 26.1.1998, p.24.
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[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
—in Ireland: the Supreme Court,
—in Italy: la Corte Suprema di Cassazione,
—in Luxembourg: la Cour supe´rieure de Justice when sitting as
Cour de Cassation,
—in Austria, the Oberste Gerichtshof, the Verwaltungsgericht
shof and the Verfassungsgerichtshof,
—in the Netherlands: de Hoge Raad,
—in Portugal: o Supremo Tribunal de Justic¸a and o Supremo
Tribunal Administrativo,
—in Finland, korkein oikeus/ho¨ gsta domstolen and korkein hallintooikeus/ho¨ gsta fo¨ rvaltningsdomstolen,
—in Sweden, Ho¨ gsta domstolen, Regeringsra¨ tten, Arbetsdom
stolen and Marknadsdomstolen,
—in the United Kingdom: the House of Lords and courts to which appliction has been made under the second paragraph of Article 37 or under Article 41 of the Convention;
2. the courts of the Contracting States when they are sitting in an appellate capacity;
3. in the cases provided for in Article 37 of the Convention, the courts referred to in that Article.
Article 3
1. Where a question of interpretation of the Convention or of one of the other instruments referred to in Article 1 is raised in a case pending before one of the courts listed in Article 2.1, that court shall, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon.
2. Where such a question is raised before any court referred to in Article 2.2 or 2.3, that court may, under the conditions laid down in paragraph 1, request the Court of Justice to give a ruling thereon.
Article 4
1. The competent authority of a Contracting State may request the Court of Justice to give a ruling on a question of interpretation of the Convention or of one of the other instruments referred to in Article 1 if judgments given by courts of that State conflict with the interpretation given either by the Court of Justice or in a judgment of one of the courts of another Contracting State referred to in Article 2.1 or 2.2. The provisions of this paragraph shall apply only to judgments which have become res judicata.
2. The interpretation given by the Court of Justice in response to such a request shall not affect the judgments which gave rise to the request for interpretation.
3. The Procurators-General of the Courts of Cassation of the Con tracting States, or any other authority designated by a Contracting State, shall be entitled to request the Court of Justice for a ruling on interpretation in accordance with paragraph 1.
4. The Registrar of the Court of Justice shall give notice of the request to the Contracting States, to the Commission and to the Council of the European Communities; they shall then be entitled
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
within two months of the notification to submit statements of case Sch.2 or written observations to the Court.
5. No fees shall be levied or any costs or expenses awarded in respect of the proceedings provided for in this Article.
Article 5
1. Except where this Protocol otherwise provides, the provisions of the Treaty establishing the European Economic Community and those of the Protocol on the Statute of the Court of Justice annexed thereto, which are applicable when the Court is requested to give a preliminary ruling, shall also apply to any proceedings for the inter pretation of the Convention and the other instruments referred to in Article 1.
2. The Rules of Procedure of the Court of Justice shall, if neces sary, be adjusted and supplemented in accordance with Article 188 of the Treaty establishing the European Economic Community.
Article 6 [deleted] Article 7
This Protocol shall be ratified by the signatory States. The instru ments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.
Article 8
This Protocol 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; provided that it shall at the earliest enter into force at the same time as the Convention of 27
September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters.
Article 9
The Contracting States recognize that any State which becomes a member of the European Economic Community, and to which Article 63 of the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters applies, must accept the provisions of this Protocol, subject to such adjustments as may be required.
Article 10
The Secretary-General of the Council of the European Communi
ties shall notify the signatory States of:
(a) the deposit of each instrument of ratification; (b) the date of entry into force of this Protocol;
(c) any designation received pursuant to Article 4 (3); (d) [deleted]
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[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
Article 11
The Contracting States shall communicate to the Secretary-Gen eral of the Council of the European Communities the texts of any provisions of their laws which necessitate an amendment to the list of courts in Article 2.1.
Article 12
This Protocol is concluded for an unlimited period.
Article 13
Any Contracting State may request the revision of this Protocol. In this event, a revision conference shall be convened by the Pres ident of the Council of the European Communities.
Article 14
This Protocol, 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 plenipotentiaries)
Text in the Irish language of the 1971 Protocol as amended by the
1978 Accession Convention, the 1982 Accession Convention, the
1989 Accession Convention and the 1996 Accession Convention1
ar le´ iriu´ ag an gCu´ irt Bhreithiu´ nais ar Choinbhinsiu´ n an 27 Mea´ n
Fo´ mhair 1968 ar dhlı´nse agus ar fhorghnı´omhu´ breithiu´ nas in a´ bhair shibhialta agus tra´ chta´ la
Airteagal 1
Beidh dlı´nse ag Cu´ irt Bhreithiu´ nais na gComhphobal Eorpach chun rialu´ a thabhairt i dtaobh le´ iriu´ an Choinbhinsiu´ in ar dhlı´nse agus ar fhorghnı´omhu´ breithiu´ nas in a´ bhair shibhialta agus tra´ chta´ la agus an Phro´ tacail ata´ i gceangal leis an gCoinbhinsiu´ in sin, a sı´nı´odh sa Bhruise´ il ar an 27 Mea´ n Fo´ mhair 1968, agus fo´ s i dtaobh le´ iriu´ an Phro´ tacail seo.
Beidh dlı´nse freisin ag Cu´ irt Bhreithiu´ nais na gComhphobal Eor
pach chun rialu´ a thabhairt i dtaobh le´ iriu´ an Choinbhinsiu´ in ar aontu´ Rı´ocht na Danmhairge, na hE´ ireann agus Rı´ocht Aontaithe na Breataine Mo´ ire agus Thuaisceart E´ ireann do Choinbhinsiu´ n an
27 Mea´ n Fo´ mhair 1968 agus don Phro´ tacal seo.
Beidh dlı´nse freisin ag Cu´ irt Bhreithiu´ nais na gComhphobal Eor pach chun rialu´ a thabhairt i dtaobh le´ iriu´ an Choinbhinsiu´ in ar aontu´ na Poblachta Heille´ anaı´ do Choinbhinsiu´ n an 27 Mea´ n Fo´ mh air 1968 agus don Phro´ tacal seo, arna n-oiriu´ nu´ le Coinbhinsiu´ n 1978.
1 IO Uimh. C27 an 26.1.1998, lch.28.
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
Beidh dlı´nse freisin ag Cu´ irt Bhreithiu´ nais na gComhphobal Eor- Sch.2 pach chun rialu´ a thabhairt i dtaobh le´ iriu´ an Choinbhinsiu´ in ar
aontu´ Rı´ocht na Spa´ inne agus Phoblacht na Portainge´ ile do Cho inbhinsiu´ n an 27 Mea´ n Fo´ mhair 1968 agus don Phro´ tacal seo, arna n-oiriu´ nu´ le Coinbhinsiu´ n 1978 agus Coinbhinsiu´ n 1982.
Beidh dlı´nse freisin ag Cu´ irt Bhreithiu´ nais na gComhphobal Eor pach chun rialu´ a thabhairt i dtaobh le´ iriu´ an Choinbhinsiu´ in ar aontu´ Phoblacht na hOstaire, Phoblacht na Fionlainne agus Rı´ocht na Sualainne do Choinbhinsiu´ n an 27 Mea´ n Fo´ mhair 1968 agus don Phro´ tacal seo, mar ata´ arna n-oiriu´ nu´ le Coinbhinsiu´ in 1978, 1982 agus 1989.
Airteagal 2
Fe´ adfaidh na cu´ irteanna seo a leanas a iarraidh ar an gCu´ irt Bhrei
thiu´ nais re´ amhrialu´ a thabhairt ar cheisteanna le´ iriu´ cha´ in:
1. — sa Bheilg: la Cour de Cassation — het Hof van Cassatie agus
le Conseil d’E´ tat — de Raad van State,
— sa Danmhairg: højesteret,
— i bPoblacht Cho´ naidhme na Gearma´ ine: die obersten Ger
ichtsho¨ fe des Bundes,
— sa Ghre´ ig: ta anw´ tata dikasth´ aia,
— sa Spa´ inn: el Tribunal Supremo,
— sa Fhrainc: la Cour de Cassation agus le Conseil d’E´ tat,
— in E´ irinn: an Chu´ irt Uachtarach,
— san Ioda´ il: la Corte Suprema de Cassazione,
— i Lucsamburg: la Cour supe´rieure de justice ina suı´ di mar
Cour de Cassation,
— san Ostair: an Oberste Gerichtshof, an Verwaltungsgericht
shof agus an Verfassungsgerichtshof,
— san I´siltı´r: de Hoge Raad,
— sa Phortainge´ il: o Supremo Tribunal de Justic¸a agus o Sup
remo Tribunal Administrativo,
— san Fhionlainn: korkein oikeus/ho¨ gsta domstolen agus kork
ein hallintooikeus/ho¨ gsta fo¨ rvaltningsdomstolen,
— sa tSualainn, Ho¨ gsta domstolen, Regeringsra¨ tten, Arbetsdom
stolen agus Marknadsdomstolen,
— sa R´ıocht Aontaithe: an House of Lords agus cu´ irteanna a ndearnadh iarratas chucu faoin dara mı´r d’Airteagal 37 no´ faoi Airteagal 41 den Choinbhinsiu´ n,
2. cu´ irteanna na Sta´ t Conarthach ina suı´ do´ ibh i gca´ il ach
omharcach;
3. sna ca´ sanna da´ bhfora´ iltear in Airteagal 37 den Choinbhinsiu´ n, na cu´ irteanna a luaitear san Airteagal sin.
Airteagal 3
1. Nuair a dhe´ anfar ceist i dtaobh le´ iriu´ an Choinbhinsiu´ in no´ ion
straime eile a luaitear in Airteagal 1 a tharraingt anuas i gca´ s a
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[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
bheidh ar feitheamh os comhair cu´ irte da´ dtagraı´tear in Airtea gal 2(1), iarrfaidh an chu´ irt sin ar an gCu´ irt Bhreithiu´ nais, ma´ mheasann sı´ gur ga´ breith ar an gceist ionas go bhfe´ adfaidh sı´ breithiu´ nas a thabhairt, rialu´ a thabhairt ar an gceist sin.
2. Ma´ tharraingı´tear ceist mar sin anuas os comhair aon chu´ irte da´ dtagraı´tear in Airteagal 2(2) no´ (3), fe´ adfaidh an chu´ irt sin, ar na coinnı´ollacha ata´ leagtha sı´os i mı´r 1, a iarraidh ar an gCu´ irt Bhreithiu´ nais rialu´ a thabhairt uirthi.
Airteagal 4
1. Fe´ adfaidh u´ dara´ s inniu´ il Sta´ it Chonarthaig a iarraidh ar an gCu´ irt Bhreithiu´ nais rialu´ a thabhairt ar cheist i dtaob le´ iriu´ an Choinbhinsiu´ in no´ i dtaobh le´ iriu´ ceann de na hionstraimı´ eile a luaitear in Airteagal 1 ma´ bh´ıonn breithiu´ nais o´ chu´ irteanna sa Sta´ t sin ar neamhre´ ir leis an le´ iriu´ a thug an Chu´ irt Bhreithiu´ nais no´ a tugadh i mbreithiu´ nas o´ chu´ irt de chuid Sta´ it Chonar thaigh eile a luaitear in Airteagal 2(1) no´ (2). Nı´ bhainfidh fora´ l acha na mı´re seo ach le breithiu´ nais a bhfuil e´ ifeacht res judicata leo.
2. Nı´ dhe´ anfaidh an le´ iriu´ a dhe´ anfaidh an Chu´ irt Bhreithiu´ nais de bhun iarratais den so´ rt sin difear do na breithiu´ nais be bhun leis an le´ iriu´ sin a iarraidh.
3. Beidh Ionchu´ isitheoirı´ Gineara´ lta na gCu´ irteanna Uachtaracha Achomhairc sna Sta´ it Chonarthacha, no´ u´ dara´ s ar bith eile a bheidh ainmnithe chuige sin ag Sta´ t Conarthach, i dteideal rialu´ ar an le´ iriu´ a iarraidh ar an gCu´ irt Bhreithiu´ nais de re´ ir mhı´r 1.
4. Tabharfaidh Cla´ raitheoir na Cu´ irte Breithiu´ nais fo´ gra faoin iar atas do na Sta´ it Chonarthacha, don Choimisiu´ n agus do Chomh airle na gComhphobal Eorpach; beidh siadsan i dteideal ansin, laistigh de dha´ mhı´ tar e´ is an fo´ gra a fha´ il, sonruithe ca´ is no´ tuairimı´ i scrı´bhinn a chur faoi bhra´ id na Cu´ irte.
5. Nı´ fhe´ adfar aon ta´ illı´ a thobhach na´ aon chostais no´ caiteachas a dha´ mhachtain i leith na n-imeachtaı´ da´ bhfora´ iltear san Airte agal seo.
Airteagal 5
1. Na fora´ lacha sin den Chonradh ag bunu´ Chomhphobal Eac nama´ıochta na hEoropa, agus na cinn sin den Phro´ tacal ar Reacht na Cu´ irte Breithiu´ nais ata´ i gceangal leis, is infheidhme nuair a iarrtar ar an gCu´ irt re´ amhrialu´ a thabhairt, beidh feidhm acu mar an gce´ anna, ach amha´ in mura bhfora´ iltear a mhalairt leis an bPro´ t acal seo, ar an no´ s imeachta maidir le le´ iriu´ an Choinbhinsiu´ in agus na n-ionstraim´ı eile a luaitear in Airteagal 1.
2. De´ anfar, ma´ s ga´ , Rialacha No´ s Imeachta na Cu´ irte Breithiu´ nais a oiriu´ nu´ agus a chomhla´ nu´ de re´ ir Airteagal 188 den Chonradh ag bunu´ Chomhphobal Eacnamaı´ochta na hEorpa.
Airteagal 6 [scriosta] Airteagal 7
De´ anfaidh Sta´ it a shı´nithe daingniu´ ar an bPro´ tacal seo. Taiscfear na hionstraimı´ daingniu´ cha´ in le hArdru´ naı´ Chomhairle na gComhphobal Eorpach.
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
Airteagal 8 Sch.2
Tiocfaidh an Pro´ tacal seo i bhfeidhm ar an gce´ ad la´ den trı´u´ mı´ i ndiaidh thaisceadh na hionstraime daingniu´ cha´ in ag an gceann is de´ anaı´ de Sta´ it a shı´nithe a dhe´ anfaidh an taisceadh sin; ach nı´ thioc faidh se´ i bhfeidhm tra´ th is luaithe na´ teacht i bhfeidhm Choinbhin siu´ n an 27 Mea´ n Fo´ mhair 1968 ar dhlı´nse agus ar fhorghn´ıomhu´ brei thiu´ nas in a´ bhair shibhialta agus tra´ chta´ la.
Airteagal 9
Aithnı´onn na Sta´ it Chonarthacha go ndlı´fidh gach Sta´ t a thiocfaidh chun bheith ina chomhalta de Chomhphobal Eacnamaı´ochta na hEorpa, agus a mbainfidh Airteagal 63 den Choinbhinsiu´ n ar dhlı´nse agus ar fhorghnı´omhu´ breithiu´ nas in a´ bhair shibhialta agus tra´ chta´ la leis, glacadh le fora´ lacha an Phro´ tacail seo, faoi re´ ir cibe´ oiriu´ nuithe is ga´ .
Airteagal 10
Cuirfidh Ardru´ naı´ Chomhairle na gComhphobal Eorpach in iu´ l do na Sta´ t a shı´neoidh an Pro´ tacal seo:
(a) taisceadh gach ionstraime daingniu´ cha´ in;
(b) da´ ta an Phro´ tacail seo a theacht i bhfeidhm;
(c) aon dearbhu´ a fuarthas de bhun Airteagal 4(3); (d) [scriosta].
Airteagal 11
Cuirfidh na Sta´ it Chonarthacha in iu´ l d’Ardru´ naı´ Chomhairle na gComhphobal Eorpach te´ acsanna aon fhora´ lacha ina ndlı´the a bheireann gur ga´ liosta na gcu´ irteanna in Airteagal 2(1) a leasu´ .
Airteagal 12
Ta´ an Pro´ tacal seo tugtha i gcrı´ch go ceann tre´ imhse gan teorainn.
Airteagal 13
Fe´ adfaidh Sta´ t Conarthach ar bith athbhreithniu´ ar an bPro´ tacal seo a iarraidh. Sa cha´ s sin, como´ rfaidh Uachtara´ n Chomhairle na gComhphobal Eorpach comhdha´ il lena athbhreithniu´ .
Airteagal 14
Tarraingı´odh an Pro´ tacal seo suas i scrı´bhinn bhunaidh amha´ in sa Fhraincis, sa Ghearma´ inis, san Ioda´ ilis agus san Ollainnis, agus comhu´ dara´ s ag gach ceann de na ceithre the´ acs; taiscfear e´ i gcart lann Ru´ naı´ocht Chomhairle na gComhphobal Eorpach, agus cuirfidh an tArdru´ naı´ co´ ip dheimhnithe chuig Rialtas gach ceann de Sta´ it a shı´nithe.
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
THIRD SCHEDULE
Titles V and VI of the 1978 Accession Convention1 as amended by the 1989 Accession Convention2
Title V TRANSITIONAL PROVISIONS Article 34
1. The 1968 Convention and the 1971 Protocol, with the amend ments made by this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or regis tered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or auth entic instrument is sought, in the State addressed.
2. However, as between the six Contracting States to the 1968 Con vention, judgments given after the date of entry into force of this Convention in proceedings instituted before that date shall be recog nised and enforced in accordance with the provisions of Title III of the 1968 Convention as amended.
3. Moreover, as between the six Contracting States to the 1968
Convention and the three States mentioned in Article 1 of this Con vention, and as between those three States, 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 also be recognised and enforced in accordance with the provisions of Title III of the 1968 Convention as amended if juris diction was founded upon rules which accorded with the provisions of Title II, as amended, or with provisions of a convention concluded between the State of origin and the State addressed which was in force when the proceedings were instituted.
Article 35
[deleted]
Article 36
[deleted]
Title VI
FINAL PROVISIONS
Article 37
The Secretary-General of the Council of the European Communi
ties shall transmit a certified copy of the 1968 Convention and of the
1971 Protocol in the Dutch, French, German and Italian languages to the Governments of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland.
The texts of the 1968 Convention and the 1971 Protocol, drawn up in the Danish, English and Irish languages, shall be annexed to this Convention. The texts drawn up in the Danish, English and Irish
1OJ No. L 304 of 30.10.1978, p.11.
2OJ No. L 285 3.10.1989, p.8.
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
languages shall be authentic under the same conditions as the orig- Sch.3 inal texts of the 1968 Convention and the 1971 Protocol.
Article 38
This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-Gen eral of the Council of the European Communities.
Article 39
This Convention shall enter into force, as between the States which shall have ratified it, on the first day of the third month following the deposit of the last instrument of ratification by the original Mem ber States of the Community and one new Member State.
It shall enter into force for each new Member State which sub sequently ratifies it on the first day of the third month following the deposit of its instrument of ratification.
Article 40
The Secretary-General of the Council of the European Communi
ties shall notify the signatory States of:
(a) the deposit of each instrument of ratification,
(b) the dates of entry into force of this Convention for the Con
tracting States.
Article 41
This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Irish and Italian languages, all seven 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.
FOURTH SCHEDULE
Titles V and VI of the 1982 Accession Convention1
Title V TRANSITIONAL PROVISIONS Article 12
1. The 1968 Convention and the 1971 Protocol, as amended by
the 1978 Convention and this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.
2. 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 of the 1968
1OJ No. L 388 of 31.12.1982, p.3.
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Convention, as amended by the 1978 Convention and this Conven tion, if jurisdiction was founded upon rules which accorded with the provisions of Title II of the 1968 Convention, as amended, or with the provisions of a convention which was in force between the State of origin and the State addressed when the proceedings were instituted.
Title VI
FINAL PROVISIONS
Article 13
The Secretary-General of the Council of the European Communi
ties shall transmit a certified copy of the 1968 Convention, of the
1971 Protocol and of the 1978 Convention in the Danish, Dutch, English, French, German, Irish and Italian languages to the Govern ment of the Hellenic Republic.
The texts of the 1968 Convention, of the 1971 Protocol and of the
1978 Convention, drawn up in the Greek language, shall be annexed to this Convention. The texts drawn up in the Greek language shall be authentic under the same conditions as the other texts of the 1968
Convention, the 1971 Protocol and the 1978 Convention.
Article 14
This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-Gen eral of the Council of the European Communities.
Article 15
This Convention shall enter into force, as between the States which have ratified it, on the first day of the third month following the deposit of the last instrument of ratification by the Hellenic Republic and those States which have put into force the 1978 Convention in accordance with Article 39 of that Convention.
It shall enter into force for each Member State which subsequently ratifies it on the first day of the third month following the deposit of its instrument of ratification.
Article 16
The Secretary-General of the Council of the European Communi
ties shall notify the signatory States of:
(a) the deposit of each instrument of ratification;
(b) the dates of entry into force of this Convention for the Con
tracting States.
Article 17
This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Greek, Irish and Italian languages, all eight texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
FIFTH SCHEDULE
Titles VI and VII of the 1989 Accession Convention1
Title VI TRANSITIONAL PROVISIONS Article 29
1. The 1968 Convention and the 1971 Protocol, as amended by the
1978 Convention, the 1982 Convention and this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recog nition or enforcement of a judgment or authentic instrument is sought, in the State addressed.
2. 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 of the 1968 Convention, as amended by the 1978 Con vention, the 1982 Convention and this Convention, if juris diction was founded upon rules which accorded with the pro visions of Title II of the 1968 Convention, as amended, or with the provisions of a convention which was in force between the State of origin and the State addressed when the proceedings were instituted.
Title VII FINAL PROVISIONS Article 30
1. The Secretary-General of the Council of the European Com
munities shall transmit a certified copy of the 1968 Convention, of the 1971 Protocol, of the 1978 Convention and of the 1982
Convention in the Danish, Dutch, English, French, German, Greek, Irish and Italian languages to the Governments of the Kingdom of Spain and of the Portuguese Republic.
2. The texts of the 1968 Convention, of the 1971 Protocol, of the
1978 Convention and of the 1982 Convention, drawn up in the Portuguese and Spanish languages, are set out in Annexes II, III, IV and V to this Convention. The texts drawn up in the Portuguese and Spanish languages shall be authentic under the same conditions as the other texts of the 1968 Convention, the
1971 Protocol, the 1978 Convention and the 1982 Convention.
Article 31
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 32
1. This Convention shall enter into force on the first day of the third month following the date on which two signatory States, of
1OJ No. L 285 of 3.10.1989, p.8.
[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
Sch.5 which one is the Kingdom of Spain or the Portuguese Republic, deposit their instruments of ratification.
2. This Convention shall take effect in relation to any other signa tory State on the first day of the third month following the deposit of its instrument of ratification.
Article 33
The Secretary-General of the Council of the European Communi
ties shall notify the signatory States of:
(a) the deposit of each instrument of ratification;
(b) the dates of entry into force of this Convention for the Con
tracting States.
Article 34
This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Greek, Irish, Italian, Portuguese and Spanish languages, all 10 texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.
SIXTH SCHEDULE
Titles V and VI of the 1996 Accession Convention1
Title V TRANSITIONAL PROVISIONS Article 13
1. The 1968 Convention and the 1971 Protocol, as amended by the
1978 Convention, the 1982 Convention, the 1989 Convention and by this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.
2. 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 of the 1968 Convention, as amended by the 1978 Con vention, the 1982 Convention, the 1989 Convention and this Convention, if jurisdiction was founded upon rules which accorded with the provisions of Title II, as amended, of the
1968 Convention, or with the provisions of a convention which was in force between the State of origin and the State addressed when the proceedings were instituted.
1OJ No. C 15 of 15.1.1997, p.4.
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Article 14 |
1. The Secretary-General of the Council of the European Union shall transmit a certified copy of the 1968 Convention, of the
1971 Protocol, of the 1978 Convention, of the 1982 Convention and of the 1989 Convention in the Danish, Dutch, English, French, German, Greek, Irish, Italian, Spanish and Portuguese languages to the Governments of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.
2. The texts of the 1968 Convention, of the 1971 Protocol, of the
1978 Convention, of the 1982 Convention and of the 1989 Con vention, drawn up in the Finnish and Swedish languages, shall be authentic under the same conditions as the other texts of the
1968 Convention, the 1971 Protocol, the 1978 Convention, the
1982 Convention and the 1989 Convention.
Article 15
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 Union.
Article 16
1. This Convention shall enter into force on the first day of the third month following the date on which two signatory States, one of which is the Republic of Austria, the Republic of Finland or the Kingdom of Sweden, deposit their instruments of ratification.
2. This Convention shall produce its effects for any other signatory State on the first day of the third month following the deposit of its instrument of ratification.
Article 17
The Secretary-General of the Council of the European Union shall notify the signatory States of:
(a) the deposit of each instrument of ratification;
(b) the dates of entry into force of this Convention for the Con
tracting States.
Article 18
This Convention, drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Por tuguese, Spanish and Swedish languages, all 12 texts being equally authentic, shall be deposited in the archives of the General Sec retariat of the Council of the European Union. The Secretary- General shall transmit a certified copy to the Government of each signatory State.
[No. 52.] Jurisdiction of Courts and [1998.]
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SEVENTH SCHEDULE Text of the Lugano Convention1
on jurisdiction and the enforcement of judgments in civil and com
mercial matters
PREAMBLE
THE HIGH CONTRACTING PARTIES TO THIS CONVENTION, ANXIOUS to strengthen in their territories 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 enforce ment of judgments, authentic instruments and court settlements,
AWARE of the links between them, which have been sanctioned in the economic field by the free trade agreements concluded between the European Economic Community and the States members of the European Free Trade Association,
TAKING INTO ACCOUNT the Brussels Convention of 27 Sep tember 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters, as amended by the Accession Conven tions under the successive enlargements of the European Com munities,
PERSUADED that the extension of the principles of that Conven tion to the States parties to this instrument will strengthen legal and economic cooperation in Europe,
DESIRING to ensure as uniform an interpretation as possible of this instrument,
HAVE in this spirit DECIDED to conclude this Convention and
HAVE AGREED AS FOLLOWS: Title I SCOPE Article 1
This Convention shall apply in civil and commercial matters what ever the nature of the court or tribunal. It shall not extend, in par ticular, 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, com positions and analogous proceedings;
1OJ No. L 319 of 25.11.1988, p.9.
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
3. social security; Sch.7
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 domi ciled 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 (Zivilprozefordnung),
—in Greece: Article 40 of the code of civil procedure (Kwdicaz politich´ z siconomi´az),
—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 Iceland: Article 77 of the Civil Proceedings Act (lo¨ g um me6
fer6 einkama´ la ´ı he´ra6i),
—in Italy: Articles 2 and 4, Nos 1 and 2 of the code of civil pro
cedure (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 Norway: Section 32 of the Civil Proceedings Act
(tvistema° lsloven),
—in Austria: Article 99 of the Law on Court Jurisdiction
(Jurisdiktionsnorm),
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—in Portugal: Articles 65 (1) (c), 65 (2) and 65A (c) of the code of civil procedure (Co´ digo de Processo Civil) and Article 11 of the code of labour procedure (Co´ digo de Processo de Trabalho),
—in Switzerland: le for du lieu du se´questre/Gerichtsstand des Arrestortes/foro del luogo del sequestro within the meaning of Article 4 of the loi fe´de´rale sur le droit international prive´/Bundesgesetz u¨ ber das internationale Privatrecht/legge fed erale sul diritto internazionale privato,
—in Finland: the second, third and fourth sentences of Section 1 of Chapter 10 of the Code of Judicial Procedure (oikeudenka¨ ymiskaari/ra¨ ttega° ngsbalken),
—in Sweden: the first sentence of Section 3 of Chapter 10 of the
Code of Judicial Procedure (Ra¨ ttega° ngsbalken),
—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 juris diction 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 Con tracting 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 Con
tracting State, be sued:
1. in matters relating to a contract, in the courts for the place of performance of the obligation in question; in matters relating to individual contracts of employment, this place is that where the employee habitually carries out his work, or if the employee does not habitually carry out his work in any one country, this place shall be the place of business through which he was engaged;
2. in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resi dent 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 juris diction is based solely on the nationality of one of the parties;
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
3. in matters relating to tort, delict or quasi-delict, in the courts Sch.7 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 juris diction 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 counterclaim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;
4. in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court of the Con tracting State in which the property is situated.
Article 6a
Where by virtue of this Convention a court of a Contracting State has jurisdiction in actions relating to liability arising from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of that State, shall also have jurisdiction over claims for limitation of such liability.
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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 prop erty, 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.
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
Article 12 Sch.7
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 the 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 compul sory 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 off shore 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 regis tered does not prohibit agreements on jurisdiction regard ing 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 par ticular loss of freight or charter-hire;
4. any risk or interest connected with any of those referred to in
(1) to (3) above.
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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 pro fession, hereinafter called ‘the consumer’, jurisdiction shall be deter mined 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 estab lishment, 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 counterclaim 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 Con tracting State, and which confers jurisdiction on the courts of
[1998.] Jurisdiction of Courts and [No. 52.]
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that State, provided that such an agreement is not contrary to Sch.7 the law of that State.
SECTION 5
Exclusive Jurisdiction
Article 16
The following courts shall have exclusive jurisdiction, regardless of domicile:
1. (a) in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the Contracting State in which the property is situated;
(b) however, in proceedings which have as their object tenanc ies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the Contracting State in which the defendant is domiciled shall also have jurisdiction, provided that the ten ant is a natural person and neither party is domiciled in 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 con vention 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
1. If the parties, one or more of whom is domiciled in a Con tracting 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:
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(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.
2. 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.
3. Agreements or provisions of a trust instrument conferring juris diction shall have no legal force if they are contrary to the provisions of Article 12 or 15, or if the courts whose juridiction they purport to exclude have exclusive jurisdiction by virtue of Article 16.
4. 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.
5. 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.
Article 18
Apart from jurisdiction derived from other provisions of this Con vention, 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.
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Article 20 Sch.7
Where a defendant domiciled in one Contracting State is sued in a court of another Contracting State and does not enter an appear ance, the court shall declare of its own motion that it has no juris diction 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 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 Con tracting 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 Con tracting 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 appli cation 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 juris diction in favour of that court.
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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, what ever 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 pro cedures provided for in Section 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 recognit ion that court shall have jurisdiction over that question.
Article 27
A judgment shall not be recognized:
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 dis pute between the same parties in the State in which recognition is sought;
4. if the court of the State of origin, in order to arrive at its judgment, has decided a preliminary question concerning the
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status or legal capacity of natural persons, rights in property Sch.7 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 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.
A judgment may furthermore be refused recognition in any case provided for in Article 54B (3) or 57 (4).
In its examination of the grounds of jurisdiction referred to in the foregoing paragraphs, 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 and second paragraphs, 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 pro ceedings 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
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when, on the application of any interested party, it has been regis
tered for enforcement in that part of the United Kingdom.
Article 32
1. The application shall be submitted:
—in Belgium, to the tribunal de premie`re 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 Monomele´ V Prwtodikei´o,
—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 Iceland, to the he´radsdo´ mari,
—in Italy, to the corte d’appello,
—in Luxembourg, to the presiding judge of the tribunal d’arrond
issement,
—in the Netherlands, to the presiding judge of the arrondisse
mentsrechtbank,
—in Norway, to the herredsrett or byrett as namsrett,
—in Austria, to the Landesgericht or the Kreisgericht,
—in Portugal, to the Tribunal Judicial de C´irculo,
—in Switzerland:
(a) in respect of judgments ordering the payment of a sum of money, to the juge de la mainleve´e/Rechtso¨ ffnungsrichter/ giudice competente a pronunciare sul rigetto dell’opposi zione, within the framework of the procedure governed by Articles 80 and 81 of the loi fe´de´rale sur la poursuite pour dettes et la faillite/Bundesgesetz u¨ ber Schuldbetreibung und Konkurs/legge federale sulla esecuzione e sul fallimento;
(b) in respect of judgments ordering a performance other than the payment of a sum of money, to the juge cantonal d’exequatur compe´tent/zusta¨ ndiger kantonaler Vollstrec kungsrichter/giudice cantonale competente a pronunciare l’exequatur,
—in Finland, to the ulosotonhaltija/o¨ verexekutor,
—in Sweden, to the Svea hovra¨ tt,
—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 on transmission by the Secretary of State;
(b) 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;
(c) 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.
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2. The jurisdiction of local courts shall be determined by reference Sch.7 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 represen tative 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 speci
fied 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
1. An appeal against the decision authorizing enforcement shall be lodged in accordance with the rules governing procedure in con tentious matters:
—in Belgium, with the tribunal de premie`re instance or rechtsbank van eerste aanleg,
—in Denmark, with the landsret,
—in the Federal Republic of Germany, with the Oberlandesgericht,
—in Greece, with the Efetei´o,
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—in Spain, with the Audiencia Provincial,
—in France, with the cour d’appel,
—in Ireland, with the High Court,
—in Iceland, with the he´ra6sdo´ mari,
—in Italy, with the corte d’appello,
—in Luxembourg, with the Cour supe´rieure de justice sitting as a court of civil appeal,
—in the Netherlands, with the arrondissementsrechtsbank,
—in Norway, with the lagmannsrett,
—in Austria, with the Landesgericht or the Kreisgericht,
—in Portugal, with the Tribunal da Relac¸a˜ o,
—in Switzerland, with the tribunal cantonal / Kantonsgericht / tri
bunale cantonale,
—in Finland, with the hovioikeus / hovra¨ tt,
—in Sweden, with the Svea hovra¨ tt,
—in the United Kingdom:
(a) in England and Wales, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates’ Court;
(b) in Scotland, with the Court of Session, or in the case of a maintenance judgment with the Sheriff Court;
(c) in Northern Ireland, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates’ Court.
2. The judgment given on the appeal may be contested only:
—in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,
—in Denmark, by an appeal to the højesteret, with the leave of the
Minister of Justice,
—in the Federal Republic of Germany, by a Rechtsbeschwerde,
—in Ireland, by an appeal on a point of law to the Supreme Court,
—in Iceland, by an appeal to the Hæstire´ttur,
—in Norway, by an appeal (kjærema° l or anke) to the Hoyesteretts
Kjærema° lsutvalg or Hoyesterett,
—in Austria, in the case of an appeal, by a Revisionsrekurs and, in the case of opposition proceedings, by a Berufung with the possibility of a Revision,
—in Portugal, by an appeal on a point of law,
—in Switzerland, by a recours de droit public devant le tribunal fe´de´ral / staatsrechtliche Beschwerde beim Bundesgericht / ricorso di diritto pubblico davanti al tribunale federale,
—in Finland, by an appeal to the korkein oikeus / ho¨ gsta domstolen,
—in Sweden, by an appeal to the ho¨ gsta domstolen,
—in the United Kingdom, by a single further appeal on a point of law.
Article 38
The court with which the appeal under Article 37 (1) is lodged
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may, on the application of the appellant, stay the proceedings if an Sch.7 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 pro
vision 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 enforce ment 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
1. 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 efetei´o,
—in Spain, to the Audiencia Provincial,
—in France, to the cour d’appel,
—in Ireland, to the High Court,
—in Iceland, to the he´ra6sdo´ mari,
—in Italy, to the corte d’appello,
—in Luxembourg, to the Cour supe´rieure de justice sitting as a court of civil appeal,
—in the Netherlands, to the gerechtshof,
—in Norway, to the lagmannsrett,
—in Austria, to the Landesgericht or the Kreisgericht,
—in Portugal, to the Tribunal da Relac¸a˜ o,
—in Switzerland, to the tribunal cantonal / Kantonsgericht / tribun
ale cantonale,
—in Finland, to the hovioikeus / hovra¨ tt,
—in Sweden, to the Svea hovra¨ tt,
—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;
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(c) in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court.
2. The party against whom enforcement is sought shall be sum moned to appear before the appellate court. If he fails to appear, the provisions of the second and third paragraphs of Article 20 shall apply even where he is not domiciled in any of the Contracting States.
Article 41
A judgment given on an appeal provided for in Article 40 may be contested only:
—in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,
—in Denmark, by an appeal to the højesteret, with the leave of the
Minister of Justice,
—in the Federal Republic of Germany, by a Rechtsbeschwerde,
—in Ireland, by an appeal on a point of law to the Supreme Court,
—in Iceland, by an appeal to the Hæstire´ttur,
—in Norway, by an appeal (kjærema˚ l or anke) to the Hoyesteretts kjærema˚ lsutvalg or Hoyesterett,
—in Austria, by a Revisionsrekurs,
—in Portugal, by an appeal on a point of law,
—in Switzerland, by a recours de droit public devant le tribunal fe´de´ral / staatsrechtliche Beschwerde beim Bundesgericht / ricorso di diritto pubblico davanti al tribunale federale,
—in Finland, by an appeal to the korkein oikeus / ho¨ gsta domstolen,
—in Sweden, by an appeal to the ho¨ gsta 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 deter mined by the courts of the State of origin.
Article 44
An applicant who, in the State of origin, has benefited from com plete 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.
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However, an applicant who requests the enforcement of a decision Sch.7 given by an administrative authority in Denmark or in Iceland in
respect of a maintenance order may, in the State addressed, claim the benefits referred to in the first paragraph if he presents a state ment from, respectively, the Danish Ministry of Justice or the Ice landic Ministry of Justice to the effect that he fulfils the economic requirements to qualify for the grant of complete or partial legal aid or exemption from costs or expenses.
Article 45
No security, bond or deposit, however described, shall be required of a party who in one Contracting State applies for enforcement of a judgment given in another Contracting State on the ground that he is a foreign national or that he is not domiciled or resident in the State in which enforcement is sought.
SECTION 3
Common Provisions
Article 46
A party seeking recognition or applying for enforcement of a judgment shall produce:
1. a copy of the judgment which satisfies the conditions necessary to establish its authenticity;
2. in the case of a judgment given in default, the original or a certified true copy of the document which establishes that the party in default was served with the document instituting the proceedings or with an equivalent document.
Article 47
A party applying for enforcement shall also produce:
1. documents which establish that, according to the law of the State of origin, the judgment is enforceable and has been served;
2. where appropriate, a document showing that the applicant is in receipt of legal aid in the State of origin.
Article 48
If the documents specified in Articles 46 (2) and 47 (2) are not produced, the court may specify a time for their production, accept equivalent documents or, if it considers that it has sufficient infor mation 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 appoint ing a representative ad litem.
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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 enforce ment of the instrument is contrary to public policy in the State addressed.
The instrument produced must satisfy the conditions necessary to establish its authenticity in the State of origin.
The provisions of Section 3 of Title III shall apply as appropriate.
Article 51
A settlement which has been approved by a court in the course of proceedings and is enforceable in the State in which it was concluded shall be enforceable in the State addressed under the same con ditions as authentic instruments.
Title V GENERAL PROVISIONS Article 52
In order to determine whether a party is domiciled in the Con tracting 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 domi ciled 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 the seat, the court shall apply its rules of private international law.
In order to determine whether a trust is domiciled in the Con tracting 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 pro
ceedings instituted and to documents formally drawn up or registered
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as authentic instruments after its entry into force in the State of ori- Sch.7 gin and, where recognition or enforcement of a judgment or auth
entic 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 the entry into force of this Convention that the con tract 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 the entry into force of this Con vention for Denmark, Greece, Ireland, Iceland, Norway, Finland and Sweden, respectively, jurisdiction in maritime matters shall be deter mined in these States not only in accordance with the provisions of Title II, but also in accordance with the provisions of paragraphs 1 to
7 following. However, upon the entry into force of the International Convention relating to the arrest of sea-going ships, signed at Brus sels on 10 May 1952, for one of these States, these provisions shall cease to have effect for that State.
1. A person who is domiciled in a Contracting State may be sued in the courts of one of the States mentioned above in respect of a maritime claim if the ship to which the claim relates or any other ship owned by him has been arrested by judicial process within the territory of the latter State to secure the claim, or could have been so arrested there but bail or other security has been given, and either:
(a) the claimant is domiciled in the latter State; or
(b) the claim arose in the latter State; or
(c) the claim concerns the voyage during which the arrest was made or could have been made; or
(d) the claim arises out of a collision or out of damage caused by a ship to another ship or to goods or persons on board either ship, either by the execution or non-execution of a manoeuvre or by the non-observance of regulations; or
(e) the claim is for salvage; or
(f) the claim is in respect of a mortgage or hypothecation of the ship arrested.
2. A claimant may arrest either the particular ship to which the maritime claim relates, or any other ship which is owned by the per son who was, at the time when the maritime claim arose, the owner of the particular ship. However, only the particular ship to which the maritime claim relates may be arrested in respect of the maritime claims set out under 5. (o), (p) or (q) of this Article.
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3. Ships shall be deemed to be in the same ownership when all the shares therein are owned by the same person or persons.
4. When in the case of a charter by demise of a ship the charterer alone is liable in respect of a maritime claim relating to that ship, the claimant may arrest that ship or any other ship owned by the char terer, but no other ship owned by the owner may be arrested in respect of such claim. The same shall apply to any case in which a person other than the owner of a ship is liable in respect of a mari time claim relating to that ship.
5. The expression ‘‘maritime claim’’ means a claim arising out of one or more of the following:
(a) damage caused by any ship either in collision or otherwise; (b) loss of life or personal injury caused by any ship or occurring
in connection with the operation on any ship;
(c) salvage;
(d) agreement relating to the use or hire of any ship whether by charterparty or otherwise;
(e) agreement relating to the carriage of goods in any ship whether by charterparty or otherwise;
(f) loss of or damage to goods including baggage carried in any ship;
(g) general average; (h) bottomry;
(i) towage; (j) pilotage;
(k) goods or materials wherever supplied to a ship for her oper
ation or maintenance;
(l) construction, repair or equipment of any ship or dock charges and dues;
(m) wages of masters, officers or crew;
(n) master’s disbursements, including disbursements made by shippers, charterers or agents on behalf of a ship or her owner;
(o) dispute as to the title to or ownership of any ship;
(p) disputes between co-owners of any ship as to the ownership, possession, employment or earnings of that ship;
(q) the mortgage or hypothecation of any ship.
6. In Denmark, the expression ‘‘arrest’’ shall be deemed as regards the maritime claims referred to under 5. (o) and (p) of this Article, to include a ‘‘forbud’’, where that is the only procedure allowed in respect of such a claim under Articles 646 to 653 of the law on civil procedure (lov om rettens pleje).
7. In Iceland, the expression ‘‘arrest’’ shall be deemed, as regards the maritime claims referred to under 5. (o) and (p) of this Article, to include a ‘‘lo¨ gbann’’, where that is the only procedure allowed in respect of such a claim under Chapter III of the law on arrest and injunction (lo¨ g um kyrrsetningu og lo¨ gbann).
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Title VII Sch.7
RELATIONSHIP TO THE BRUSSELS CONVENTION AND TO OTHER CONVENTIONS
Article 54b
1. This Convention shall not prejudice the application by the Member States of the European Communities of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Com mercial Matters, signed at Brussels on 27 September 1968 and of the Protocol on interpretation of that Convention by the Court of Jus tice, signed at Luxembourg on 3 June 1971, as amended by the Con ventions of Accession to the said Convention and the said Protocol by the States acceding to the European Communities, all of these Conventions and the Protocol being hereinafter referred to as the
‘‘Brussels Convention’’.
2. However, this Convention shall in any event be applied:
(a) in matters of jurisdiction, where the defendant is domiciled in the territory of a Contracting State which is not a mem ber of the European Communities, or where Article 16 or 17 of this Convention confer a jurisdiction on the courts of such a Contracting State;
(b) in relation to a lis pendens or to related actions as provided for in Articles 21 and 22, when proceedings are instituted in a Contracting State which is not a member of the Euro pean Communities and in a Contracting State which is a member of the European Communities;
(c) in matters of recognition and enforcement, where either the State of origin or the State addressed is not a member of the European Communities.
3. In addition to the grounds provided for in Title III recognition or enforcement may be refused if the ground of jurisdiction on which the judgment has been based differs from that resulting from this Convention and recognition or enforcement is sought against a party who is domiciled in a Contracting State which is not a member of the European Communities, unless the judgment may otherwise be recognized or enforced under any rule of law in the State addressed.
Article 55
Subject to the provisions of Articles 54 (2) and 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 the Swiss Confederation and France on jurisdiction and enforcement of judgments in civil matters, signed at Paris on 15 June 1869,
—the Treaty between the Swiss Confederation and Spain on the mutual enforcement of judgments in civil or commercial matters, signed at Madrid on 19 November 1896,
—the Convention between the Swiss Confederation and the Ger man Reich on the recognition and enforcement of judgments and arbitration awards, signed at Berne on 2 November 1929,
—the Convention between Denmark, Finland, Iceland, Norway and Sweden on the recognition and enforcement of judgments, signed at Copenhagen on 16 March 1932,
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—the Convention between the Swiss Confederation and Italy on the recognition and enforcement of judgments, signed at Rome on 3 January 1933,
—the Convention between Sweden and the Swiss Confederation on the recognition and enforcement of judgments and arbitral awards signed at Stockholm on 15 January 1936,
—the Convention between the 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 Swiss Confederation and Belgium on the recognition and enforcement of judgments and arbi tration awards, signed at Berne on 29 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 commer cial matters, signed at Vienna on 16 June 1959,
—the Convention between Austria and the Swiss Confederation on the recognition and enforcement of judgments, signed at Berne on 16 December 1960,
—the Convention between Norway and the United Kingdom pro viding for the reciprocal recognition and enforcement of judgments in civil matters, signed at London on 12 June 1961,
—the Convention between the United Kingdom and Austria pro viding 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 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 Luxembourg and Austria on the recog nition 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 Norway and the Federal Republic of Germany on the recognition and enforcement of judgments and enforceable documents, in civil and commercial matters, signed at Oslo on 17 June 1977,
—the Convention between Denmark, Finland, Iceland, Norway and Sweden on the recognition and enforcement of judgments in civil matters, signed at Copenhagen on 11 October 1977,
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—the Convention between Austria and Sweden on the recognition Sch.7 and enforcement of judgments in civil matters, signed at Stock
holm on 16 September 1982,
—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 Norway and Austria on the recognition and enforcement of judgments in civil matters, signed at Vienna on 21 May 1984, and
—the Convention between Finland and Austria on the recognition and enforcement of judgments in civil matters, signed at Vienna on 17 November 1986.
Article 56
The Treaty and the conventions referred to in Article 55 shall con tinue 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 instru ments before the entry into force of this Convention.
Article 57
1. This Convention shall not affect any conventions to which the Contracting States are or will be parties and which in relation to particular matters, govern jurisdiction or the recognition or enforce ment of judgments.
2. This Convention shall not prevent a court of a Contracting State which is party to a convention referred to in the first paragraph from assuming jurisdiction in accordance with that convention, even where the defendant is domiciled in a Contracting State which is not a party to that convention. The court hearing the action shall, in any event, apply Article 20 of this Convention.
3. Judgments given in a Contracting State by a court in the exer cise of jurisdiction provided for in a convention referred to in the first paragraph shall be recognized and enforced in the other Con tracting States in accordance with Title III of this Convention.
4. In addition to the grounds provided for in Title III, recognition or enforcement may be refused if the State addressed is not a con tracting party to a convention referred to in the first paragraph and the person against whom recognition or enforcement is sought is domiciled in that State, unless the judgment may otherwise be reco gnized or enforced under any rule of law in the State addressed.
5. Where a convention referred to in the first paragraph 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 Conven tion which concern the procedures for recognition and enforcement of judgments may be applied.
Article 58
(None)
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Enforcement of Judgments Act, 1998.
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 seiz ure by the plaintiff of property situated there:
1. if the action is brought to assert or declare proprietary or pos sessory rights in that property, seeks to obtain authority to dis pose of it, or arises from another issue relating to such property, or
2. if the property constitutes the security for a debt which is the subject-matter of the action.
Title VIII FINAL PROVISIONS Article 60
The following may be parties to this Convention:
(a) States which, at the time of the opening of this Convention for signature, are members of the European Communi ties or of the European Free Trade Association;
(b) States which, after the opening of this Convention for signa ture, become members of the European Communities or of the European Free Trade Association;
(c) States invited to accede in accordance with Article 62 (1) (b).
Article 61
1. This Convention shall be opened for signature by the States members of the European Communities or of the European Free Trade Association.
2. The Convention shall be submitted for ratification by the signa tory States. The instruments of ratification shall be deposited with the Swiss Federal Council.
3. The Convention shall enter into force on the first day of the third month following the date on which two States, of which one is a member of the European Communities and the other a member of the European Free Trade Association, deposit their instruments of ratification.
4. The Convention shall take effect in relation to any other signa tory State on the first day of the third month following the deposit of its instrument of ratification.
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Enforcement of Judgments Act, 1998.
Article 62 Sch.7
1. After entering into force this Convention shall be open to accession by:
(a) the States referred to in Article 60 (b);
(b) other States which have been invited to accede upon a request made by one of the Contracting States to the depository State. The depository State shall invite the State concerned to accede only if, after having communi cated the contents of the communications that this State intends to make in accordance with Article 63, it has obtained the unanimous agreement of the signatory States and the Contracting States referred to in Article
60 (a) and (b).
2. If an acceding State wishes to furnish details for the purposes of Protocol 1, negotiations shall be entered into to that end. A nego tiating conference shall be convened by the Swiss Federal Council.
3. In respect of an acceding State, the Convention shall take effect on the first day of the third month following the deposit of its instru ment of accession.
4. However, in respect of an acceding State referred to in para graph 1 (a) or (b), the Convention shall take effect only in relations between the acceding State and the Contracting States which have not made any objections to the accession before the first day of the third month following the deposit of the instrument of accession.
Article 63
Each acceding State shall, when depositing its instrument of accession, communicate the information required for the application of Articles 3, 32, 37, 40, 41 and 55 of this Convention and furnish, if needs be, the details prescribed during the negotiations for the pur poses of Protocol 1.
Article 64
1. This Convention is concluded for an initial period of five years from the date of its entry into force in accordance with Article 61 (3), even in the case of States which ratify it or accede to it after that date.
2. At the end of the initial five-year period, the Convention shall be automatically renewed from year to year.
3. Upon the expiry of the initial five-year period, any contracting State may, at any time, denounce the Convention by sending a notifi cation to the Swiss Federal Council.
4. The denunciation shall take effect at the end of the calendar year following the expiry of a period of six months from the date of receipt by the Swiss Federal Council of the notification of denunciation.
Article 65
The following are annexed to this Convention:
—a Protocol 1, on certain questions of jurisdiction, procedure and enforcement,
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[No. 52.] Jurisdiction of Courts and [1998.]
Enforcement of Judgments Act, 1998.
—a Protocol 2, on the uniform interpretation of the Convention,
—a Protocol 3, on the application of Article 57.
These Protocols shall form an integral part of the Convention.
Article 66
Any Contracting State may request the revision of this Conven tion. To that end, the Swiss Federal Council shall issue invitations to a revision conference within a period of six months from the date of the request for revision.
Article 67
The Swiss Federal Council shall notify the States represented at the Diplomatic Conference of Lugano and the States who have later acceded to the Convention of:
(a) the deposit of each instrument of ratification or accession; (b) the dates of entry into force of this Convention in respect
of the Contracting States;
(c) any denunciation received pursuant to Article 64;
(d) any declaration received pursuant to Article Ia of Protocol 1; (e) any declaration received pursuant to Article Ib of Protocol 1; (f) any declaration received pursuant to Article IV of Protocol 1; (g) any communication made pursuant to Article VI of Protocol 1.
Article 68
This Convention, drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Icelandic, Irish, Italian, Norwegian, Portuguese, Spanish and Swedish languages, all fourteen texts being equally authentic, shall be deposited in the archives of the Swiss Federal Council. The Swiss Federal Council shall transmit a certified copy to the Government of each State rep resented at the Diplomatic Conference of Lugano and to the Government of each acceding State.
(Signatures of Plenipotentiaries of the fourteen Contracting States.)
EIGHTH SCHEDULE Text of Protocol 11
Protocol 1
on certain questions of jurisdiction, procedure and enforcement
THE HIGH CONTRACTING PARTIES HAVE AGREED UPON THE FOLLOWING PROVISIONS, WHICH SHALL BE ANNEXED TO THE CONVENTION:
Article I
Any person domiciled in Luxembourg who is sued in a court of another Contracting State pursuant to Article 5 (1) may refuse to
1OJ No. L 319 of 25.11.1988, p.29.
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
submit to the jurisdiction of that court. If the defendant does not Sch.8 enter an appearance the court shall declare of its own motion that it
has no jurisdiction.
An agreement conferring jurisdiction, within the meaning of Article 17, shall be valid with respect to a person domiciled in Luxembourg only if that person has expressly and specifically so agreed.
Article Ia
1. Switzerland reserves the right to declare, at the time of depositing its instrument of ratification, that a judgment given in another Contracting State shall be neither recognized nor enforced in Switzerland if the following conditions are met:
(a) the jurisdiction of the court which has given the judgment is based only on Article 5 (1) of this Convention; and
(b) the defendant was domiciled in Switzerland at the time of the introduction of the proceedings; for the purposes of this Article, a company or other legal person is con sidered to be domiciled in Switzerland if it has its regis tered seat and the effective centre of activities in Switzer land; and
(c) the defendant raises an objection to the recognition or enforcement of the judgment in Switzerland, provided that he has not waived the benefit of the declaration fore seen under this paragraph.
2. This reservation shall not apply to the extent that at the time recognition or enforcement is sought a derogation has been granted from Article 59 of the Swiss Federal Constitution. The Swiss Govern ment shall communicate such derogations to the signatory States and the acceding States.
3. This reservation shall cease to have effect on 31 December
1999. It may be withdrawn at any time.
Article Ib
Any Contracting State may, by declaration made at the time of signing or of deposit of its instrument of ratification or of accession, reserve the right, notwithstanding the provisions of Article 28, not to recognize and enforce judgments given in the other Contracting States if the jurisdiction of the court of the State of origin is based, pursuant to Article 16 (1) (b), exclusively on the domicile of the defendant in the State of origin, and the property is situated in the territory of the State which entered the reservation.
Article II
Without prejudice to any more favourable provisions of national laws, persons domiciled in a Contracting State who are being pros ecuted 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
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Enforcement of Judgments Act, 1998.
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 declar ation to the Swiss Federal Council, such documents may also be sent by the appropriate public officers of the State in which the document has been drawn up directly to the appropriate public officers of the State in which the addressee is to be found. In this case the officer of the State of origin shall send a copy of the document to the officer of the State applied to who is competent to forward it to the addressee. The document shall be forwarded in the manner specified by the law of the State applied to. The forwarding shall be recorded by a certificate sent directly to the officer of the State of origin.
Article V
The jurisdiction specified in Articles 6 (2) and 10 in actions on a warranty or guarantee or in any other third party proceedings may not be resorted to in the Federal Republic of Germany, in Spain, in Austria and in Switzerland. Any person domiciled in another Con tracting 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 (Zivilprozefordnung)
concerning third-party notices,
—of Spain, pursuant to Article 1482 of the civil code,
—of Austria, pursuant to Article 21 of the code of civil procedure
(Zivilprozefordnung) concerning third-party notices,
—of Switzerland, pursuant to the appropriate provisions concern
ing third-party notices of the cantonal codes of civil procedure.
Judgments given in the other Contracting States by virtue of Article 6 (2) or 10 shall be recognized and enforced in the Federal Republic of Germany, in Spain, in Austria and in Switzerland in accordance with Title III. Any effects which judgments given in these States may have on third parties by application of the provisions in the preceding paragraph shall also be recognized in the other Con tracting States.
Article Va
In matters relating to maintenance, the expression ‘court’ includes the Danish, Icelandic and Norwegian administrative authorities.
In civil and commercial matters, the expression ‘court’ includes the
Finnish ulosotonhaltija / o¨ verexekutor.
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Article Vb Sch.8
In proceedings involving a dispute between the master and a mem ber of the crew of a sea-going ship registered in Denmark, in Greece, in Ireland, in Iceland, in Norway, in Portugal or in Sweden concern ing remuneration or other conditions of service, a court in a Con tracting State shall establish whether the diplomatic or consular officer responsible for the ship has been notified of the dispute. It shall stay the proceedings so long as he has not been notified. It shall of its own motion decline jurisdiction if the officer, having been duly notified, has exercised the powers accorded to him in the matter by a consular convention, or in the absence of such a convention has, within the time allowed, raised any objection to the exercise of such jurisdiction.
Article Vc (None) Article Vd
Without prejudice to the jurisdiction of the European Patent Office under the Convention on the grant of European patents, signed at Munich on 5 October 1973, the courts of each Contracting State shall have exclusive jurisdiction, regardless of domicile, in pro ceedings 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 Euro pean patent for the common market, signed at Luxembourg on 15
December 1975.
Article VI
The Contracting States shall communicate to the Swiss Federal Council the text of any provisions of their laws which amend either those provisions of their laws mentioned in the Convention or the lists of courts specified in Section 2 of Title III.
NINTH SCHEDULE Domicile.
Part I
1. An individual is domiciled in the State, or in a state other than a Contracting State if, but only if, he is ordinarily resident in the State or in that other state.
2. An individual is domiciled in a place in the State if, but only if, he is domiciled in the State and is ordinarily resident or carries on any profession, business or occupation in that place.
Part II
1. Ta´ saincho´ naı´ ar dhuine sa Sta´ t no´ i sta´ t seachas Sta´ t Conar thach i gca´ s go bhfuil co´ naı´ air de ghna´ th sa Sta´ t no´ sa sta´ t eile sin, agus sa cha´ s sin amha´ in.
2. Ta´ saincho´ naı´ ar dhuine in a´ it sa Sta´ t i gca´ s go bhfuil saincho´ naı´ air sa Sta´ t agus go bhfuil co´ naı´ air de ghna´ th, no´ gairm, gno´ no´ slı´ bheatha a´ sheoladh aige, san a´ it sin, agus sa cha´ s sin amha´ in.
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Part III
Sch.9
1. A corporation or association has its seat in the State if, but only if—
(a) it was incorporated or formed under the law of the State, or
(b) its central management and control is exercised in the State.
2. A corporation or association has its seat in a particular place in the State if, but only if, it has its seat in the State and—
(a) it has its registered office or some other official address at that place, or
(b) its central management and control is exercised in that place or it is carrying on business in that place.
3. Subject to paragraph 4 of this Part, a corporation or association has its seat in a state other than the State if, but only if—
(a) it was incorporated or formed under the law of that state, or
(b) its central management and control is exercised in that state.
4. A corporation or association shall not be regarded as having its seat in a Contracting State other than the State if—
(a) it has its seat in the State by virtue of paragraph 1 (a) of this
Part, or
(b) it is shown that the courts of that other state would not regard it for the purposes of Article 16.2 as having its seat there.
5. In this Part—
‘‘association’’ means an unincorporated body of persons;
‘‘business’’ includes any activity carried on by a corporation or association;
‘‘corporation’’ means a body corporate;
‘‘official address’’ means, in relation to a corporation or association, an address which it is required by law to register, notify or maintain for the purpose of receiving notices or other communications.
Part IV
1. Ta´ suı´omh ag corpara´ id no´ comhlachas sa Sta´ t i gca´ s—
(a) gur corpraı´odh ´ı no´ gur foirmı´odh e´ faoi dhlı´ an Sta´ it, no´
(b) go bhfuil bainistı´ocht la´ rnach agus rialu´ na corpara´ ide no´ an chomhlachais a´ bhfeidhmiu´ sa Sta´ t,
agus sa cha´ s sin amha´ in.
2. Ta´ suı´omh ag corpara´ id no´ comhlachas in a´ it a´ irithe sa Sta´ t i gca´ s go bhfuil a suı´omh no´ a shuı´omh sa Sta´ t agus—
[1998.] Jurisdiction of Courts and [No. 52.]
Enforcement of Judgments Act, 1998.
(a) go bhfuil oifig chla´ raithe no´ seoladh e´ igin eile oifigiu´ il aici Sch.9 no´ aige ag an a´ it sin, no´
(b) go bhfuil bainistı´ocht la´ rnach agus rialu´ na corpara´ ide no´ an chomhlachais a´ bhfeidhmiu´ san a´ it sin no´ gno´ a´ sheoladh aici no´ aige san a´ it sin,
agus sa cha´ s sin amha´ in.
3. Faoi re´ ir mh´ır 4 den Chuid seo, ta´ suı´omh ag corpara´ id no´
comhlachas i sta´ t seachas an Sta´ t i gca´ s—
(a) gur corpraı´odh ´ı no´ gur foirmı´odh e´ faoi dhlı´ an sta´ it sin, no´ (b) go bhfuil bainistı´ocht la´ rnach agus rialu´ na corpara´ ide no´ an
chomhlachais a´ bhfeidhmiu´ sa sta´ t sin,
agus sa cha´ s sin amha´ in.
4. Nı´ mheasfar suı´omh corpara´ ide no´ comhlachais a bheith i Sta´ t
Conarthach seachas an Sta´ t i gca´ s—
(a) go bhfuil suı´omh ag an gcorpara´ id no´ ag an gcomhlachas sa
Sta´ t de bhua mh´ır 1 (a) den Chuid seo, no´
(b) go dtaispea´ nfar nach measfadh cu´ irteanna an sta´ it eile sin suı´omh a bheith ag an gcorpara´ id no´ ag an gcomhlachas ansin chun crı´ocha Airteagal 16.2.
5. Sa Chuid seo—
ciallaı´onn ‘‘comhlachas’’ comhlacht neamhchorpraithe daoine;
ciallaı´onn ‘‘corpara´ id’’ comhlacht corpraithe;
folaı´onn ‘‘gno´ ’’ aon ghnı´omhaı´ocht ata´ a´ seoladh ag corpara´ id no´
comhlachas;
ciallaı´onn ‘‘seoladh oifigiu´ il’’, i nda´ il le corpara´ id no´ comhlachas, seoladh a cheanglaı´tear uirthi no´ air, le dlı´, a chla´ ru´ , a chur in iu´ l no´ a choimea´ d chun fo´ graı´ no´ cumarsa´ idı´ eile a fha´ il.
Part V
A trust is domiciled in the State if, but only if, the law of the State is the system of law with which the trust has its closest and most real connection.
Part VI
Ta´ saincho´ naı´ ar iontaobhas sa Sta´ t i gca´ s gurb e´ dlı´ an Sta´ it an co´ ras dlı´ is mo´ a bhfuil dlu´ thbhaint agus baint dha´ irı´re aige leis, agus sa cha´ s sin amha´ in.