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Summary of Treaty


GENERAL DATA
Official Title Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
Type of Agreement Multilateral
Usual Title new Lugano Convention
Place of Signature Lugano
Date of Signature 30/10/2007
Date of Entry Into Force 01/01/2010
Duration Indefinite
Objective of Agreement The objective of the Convention is to unify the rules on jurisdiction in civil and commercial matters and expand the applicability of the Brussels I regulation (Council Regulation 44/2001, containing a set of rules that create a unified system in this regard) to the relations between Member States of the EC on the one hand and Norway, Iceland and Switzerland on the other.
Remarks After its entry into force the "new Lugano Convention" will apply to jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. It will not apply to tax, customs and administrative matters or to the status and legal capacity of natural persons, rights in property arising out of matrimonial relationships, wills and succession, bankruptcy or composition, social security or arbitration.

The Convention, signed on 30 October 2007 by the European Community, along with Denmark, Iceland, Norway and Switzerland, will come into force as soon as it is ratified by the signatories, replacing the Lugano Convention of 16 September 1988. The contracting parties must deposit their instruments of ratification with the Swiss Federal Council, which will serve as depositary of the Convention. Once it has come into force, the convention will be open to:

• future members of the European Free Trade Association (EFTA);
• Member States of the European Community acting on behalf of certain non-European territories that are part of their territory or for whose external relations they are responsible;
• any other State, subject to the unanimous agreement of all the contracting parties.

The Convention follows the present legal framework of the Community, namely the " Brussels I " Regulation on jurisdiction and on recognition and enforcement of judgments in civil and commercial matters between the Member States. The rules will therefore be similar in the EU and in Switzerland, Norway and Iceland. The Convention will also facilitate the mutual recognition and enforcement of judgments handed down by the national courts of the EU Member States and those of the countries named above.

As Denmark has opted out from the Brussels I regulation, the said regulation did not apply on its territory until recently. That is why Denmark is separately mentioned in the summary as a contracting party.
OJ Reference L339, 21/12/2007, p. 3
Nature of Agreement Judicial co-operation in civil and commercial matters
Depositary Switzerland
Contracting Parties European Community, Denmark, Iceland, Norway, Switzerland
Authentic Texts Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Icelandic, Irish, Italian, Latvian, Lithuanian, Maltese, Norwegian, Polish, Portuguese, Romanian , Slovakian, Slovenian, Spanish, Swedish
Subject Matters Justice, freedom and security
Clause(s)
Accession clauses Article 70 Agreement
Amendment and review Article 76 Agreement
Duration (Conditions) Article 74 Agreement
Entry into force conditions Article 69 (4)-(5) Agreement
Non-affection clause Article 64 -68 Agreement
Management Standing Committee (article 4 of Protocol 2 to the Convention)
EU PARTICIPATION
Date of Signature 30/10/2007
Conclusion Date 18/05/2009
Conclusion Decision Council Decision of 15 October 2007 on the signing, on behalf of the Community, of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters 2007/712/EC; OJ L339 of 21/12/2007, p.1 - Council Decision of 27 November 2008 concerning the conclusion of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; OJ L147 of 10/06/2009, p.1
Date of Entry Into Force 01/01/2010
Competence Exclusive
Legal Basis Treaty EC: Article 61



Last Update :   11/01/2010