88/592/EEC: Convention on jurisdiction and the enforcement of judgments in civil and commercial matters - Done at Lugano on 16 September 1988 - Main contents

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88/592/EEC: Convention on jurisdiction and the enforcement of judgments in civil and commercial matters - Done at Lugano on 16 September 1988

Official Journal L 319 , 25/11/1988 P. 0009 - 0048

CONVENTION on jurisdiction and the enforcement of judgments in civil and commercial matters Done at Lugano on 16 September 1988 (88/592/EEC)

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 enforcement 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 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters, as amended by the Accession Conventions under the successive enlargements of the European Communities,

PERSUADED that the extension of the principles of that Convention 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 whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters.

The Convention shall not apply to:

• 1. 

  the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession;

• 2. 

  bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositons and analogous pro-

ceedings;

• 3. 

  social security;

• 4. 

  arbitration.

TITLE II

JURISDICTION

Section 1

General provisions

Article 2

Subject to the provisions of this Convention, persons domiciled in a Contracting State shall, whatever their nationality, be sued in the courts of that State.

Persons who are not nationals of the State in which they are domiciled shall be governed by the rules of jurisdiction applicable to nationals of that State.

Article 3

Persons domiciled in a Contracting State may be sued in the courts of another Contracting State only by virtue of the rules set out in Sections 2 to 6 of this Title.

In particular the following provisions shall not be applicable as against them:

• - 

  in Belgium: Article 15 of the civil code (Code civil - Burgerlijk Wetboek) and Article 638 of the judicial code (Code judiciaire - Gerechtelijk Wetboek),

• - 

  in Denmark: Article 246 (2) and (3) of the law on civil procedure (Lov om rettens pleje),

• - 

  in the Federal Republic of Germany: Article 23 of the code of civil procedure (Zivilprozeßordnung),

• - 

  in Greece: Article 40 of the code of civil procedure (Êþäéêáò ðïëéôéêÞò äéêïõïìßáò),

• - 

  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 (lög um meäferä einkamála í héraäi),

• - 

  in Italy: Articles 2 and 4, Nos 1 and 2 of the code of civil procedure (Codice di procedura civile),

• - 

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

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