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8 The Lugano Convention—Divergences from Regulation 44/2001 or the Brussels Convention

Enforcement of Maritime Claims

8 The Lugano Convention—Divergences from Regulation 44/2001 or the Brussels Convention 8.1 The Lugano Convention 1988 follows faithfully the pattern of the Brussels Convention. 1 It remains in force alongside the Regulation and the Brussels Convention. 2 The parties to it are the EU Member States prior to the ten states acceding in 2004, Iceland, Norway, Poland and Switzerland. According to the terms of accession of the ten states it is desirable to become parties to the Convention. Apart from Poland no such state is yet a party. As with the Brussels Convention it applies to legal proceedings after its entry into force in the state of origin. 3 It varies from the Convention only in the following respects: (i) there is no central interpreting judicial authority 4 equivalent to the European Court; (ii) provision is made for the accession of states not members of the Community or the Free Trade Association (Article 61); 5 (iii) the applicability of other Conventions (under Article 57) may be wider insofar as the non-EU state are parties to such Convention; (iv) provision (now spent) was made for jurisdiction in maritime matters in respect of States not parties to the Arrest Convention for a period of three years or until they become parties to that Convention; 6 (v) there are differences in the jurisdiction regimes relating to (a) individual employment contracts; 7 (b) rights in rem in immovable property; 8 (vi) there is a need to fit together the Brussels and Lugano Conventions; 9 (vii) there are distinctions in the recognition and enforcement of judgments ( see Chapter 28 ).

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