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European Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters

The Jurisdiction Regulations and Conventions apply where the parties have agreed that the courts of a Regulation Territory or contracting State should have jurisdiction AND any one party is domiciled in a Regulation Territory or contracting State. Where the Jurisdiction Regulations and Conventions apply, the proceedings can be served out of the jurisdiction under CPR, Part 6.19 without the need to apply to the court for permission.

(1) The Brussels Convention

The Brussels Convention on jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 (“Brussels Convention”) laid down a general rule that a defendant domiciled in a contracting State must be sued in the courts of that State. Contracting States to this Convention were the Member States of the EU.

(2) The Lugano Convention

The Lugano Convention was then entered into between the EU States and the Members of the EFTA (European Free Trade Association). This Convention is almost identical to the Brussels Convention.

(3) The Jurisdiction Regulation

Council Regulation (EC) No 44/2001/3929) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters came into force on 1st March 2002. The Regulation covers all Member States of the EU, except Denmark.

The position regarding service outside the jurisdiction and reciprocal enforcement since 1st March 2002 is as follows:

States governed by the

States governed by the

States governed by the

Jurisdiction Regulation

Brussels Convention

Lugano Convention

     
Austria
Denmark
Iceland
Belgium
  Norway
Finland
  Switzerland
France
  Poland
Germany
   
Greece
   
Ireland
   
Italy
   
Luxembourg
   
Netherlands
   
Portugal
   
Spain
   
Sweden
   
UK