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II.2.95 (LUGANO CONVENTION, 2007) EFTA CONVENTION ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS, 2007

The Ratification of Maritime Conventions

Chapter I.2.95

(LUGANO CONVENTION, 2007) EFTA CONVENTION ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS, 2007

ADOPTED: Done at Lugano, 30 October 2007
REFERENCE: Lugano Convention, 2007
ENTERED INTO FORCE: 1 January 2010
DEPOSITARY: Swiss Federal Council
SECRETARY: Swiss Federal Council

IMPLEMENTATION

SIGNATURE, RATIFICATION AND ENTRY INTO FORCE

Article LXIX

1. The Convention shall be open for signature by the European Community, Denmark, and States which, at the time of the opening for signature, are Members of the European Free Trade Association.

2. This Convention shall be subject to ratification by the Signatories. The instruments of ratification shall be deposited with the Swiss Federal Council, which shall act as Depositary of this Convention.

3. At the time of the ratification, the Contracting Parties may submit declarations in accordance with Articles I, II and III of Protocol 1.

4. The Convention shall enter into force on the first day of the sixth month following the date on which the European Union and a Member of the European Free Trade Association deposit their instruments of ratification.

5. The Convention shall enter into force in relation to any other Party on the first day of the third month following the deposit of its instrument of ratification.

6. Without prejudice to Article 3(3) of Protocol 2, this Convention shall replace the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters done at Lugano on 16 September 1988 as of the date of its entry into force in accordance with paragraphs 4 and 5 above. Any reference to the 1988 Lugano Convention in other instruments shall be understood as a reference to this Convention.

7. Insofar as the relations between the Member States of the European Union and the non-European territories referred to in Article 70(1)(b) are concerned, this Convention shall replace the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, signed at Brussels on 27 September 1968, and of the Protocol on interpretation of that Convention by the Court of Justice of the European Union, signed at Luxembourg on 3 June 1971, as amended by the Conventions of Accession to the said Convention and the said Protocol by the States acceding to the European Union, as of the date of the entry into force of this Convention with respect to these territories in accordance with Article 73(2).

ACCESSION

Article LXX

1. After entering into force this Convention shall be open for accession by:

  • (a) the States which, after the opening of this Convention for signature, become Members of the European Free Trade Association, under the conditions laid down in Article 71;
  • (b) Member States of the European Union acting on behalf of certain non-European territories that are part of the territory of that Member State or for whose external relations that Member State is responsible, under the conditions laid down in Article 71;
  • (c) any other State, under the conditions laid down in Article 72.

2. States referred to in paragraph 1, which wish to become a Contracting Party to this Convention, shall address their application to the Depositary. The application, including the information referred to in Articles 71 and 72 shall be accompanied by a translation into English and French.

ENTRY INTO FORCE FOR ACCEDING STATES

Article LXXIII

1. The instruments of accession shall be deposited with the Depositary.

2. In respect of an acceding State referred to in Article 70, the Convention shall enter into force on the first day of the third month following the deposit of its instrument of accession. As of that moment, the acceding State shall be considered a Contracting Party to the Convention.

3. Any Contracting Party may submit to the Depositary a text of this Convention in the language or languages of the Contracting Party concerned, which shall be authentic if so agreed by the Contracting Parties in accordance with Article 4 of Protocol 2.

DENUNCIATION

Article LXIV

1. This Convention is concluded for an unlimited period.

2. Any Contracting Party may, at any time, denounce the Convention by sending a notification to the Depositary.

3. 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 Depositary of the notification of denunciation.

DECLARATIONS

Denmark

24 September 2009

Denmark made a declaration upon ratification that the Convention would not apply to the Faroe Islands or Greenland.

European Union

18 May 2009

The European Union on ratification submitted a declaration (original languages: German, French and Italian) notifying the depositary of its intention to modify Article 22, paragraph 4 of Council Regulation (EC) 44/2001 in line with Article 22 paragraph 4 of the Lugano Convention.

The European Union also made a declaration under Article II, paragraph 2 of Protocol 1 (original languages: German, French and Italian).

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