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Published online by Cambridge University Press: 27 February 2017
* [Reproduced from the Official Journal of the European Communities, C 189, Volume 33, July 28, 1990, pp. 1-34.
[Reports on the 1968 Brussels Convention and the 1988 Lugano Convention appear at 29 I.L.M. 1470 (1990). The Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, which extends the principles of the Brussels Convention to the States becoming parties to it, appears at 28 I.L.M. 620 (1989).]
(1) Text as amended by the Convention of 9 October 1978 on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland — hereafter referred to as the ‘1978 Accession Convention’ — by the Convention of 25 October 1982 on the accession of the Hellenic Republic — hereafter referred to as the ‘1982 Accession Convention’ — and by the Convention of 26 May 1989 on the accession of the Kingdom of Spain and the Portuguese Republic — hereafter referred to as the ‘1989 Accession Convention'.
(2) The Preamble of the 1989 Accession Convention contained the following text: 'Mindful that on 16 September 1988 the Member States of the Community and the Member States of the European Free Trade Association concluded in Lugano the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, which extends the principles of the Brussels Convention to the States becoming parties to that Convention'.
(1) Second sentence added by Article 3 of the 1978 Accession Convention.
(2) As amended by a Communication of 8 February 1988 made in accordance with Article VI of the annexed Protocol, and confirmed by Annex I (d) (1) to the 1989 Accession Convention.
(1) Second subparagraph as amended by Article 4 of the 1978 Accession Convention, by Article 3 of the 1982 Accession Convention and by Article 3 of the 1989 Accession Convention.
(2) Point 1 as amended by Article 4 of the 1989 Accession Convention.
(3) Point 2 as amended by Article 5 (3) of the 1978 Accession Convention.
(4) Point 6 added by Article 5 (4) of the 1978 Accession Convention.
(5) Point 7 added by Article S (4) of the 1978 Accession Convention.
(1) Point 4 added by Article 5 of the 1989 Accession Convention.
(2) Article added by Article 6 of the 1978 Accession Convention.
(3) Text as amended by Article 7 of the 1978 Accession Convention.
(4) Text as amended by Article 8 of the 1978 Accession Convention.
(1) Article added by Article 9 of the 1978 Accession Convention.
(2) Text as amended by Article 10 of the 1978 Accession Convention.
(1) Point 1 as amended by Article 6 of the 1989 Accession Convention.
(2) Text as amended by Article 11 of the 1978 Accession Convention and by Article 7 of the 1989 Accession Convention.
1 Second subparagraph as amended by Article 12 of the 1978 Accession Convention.
2 Text as amended by Article 8 of the 1989 Accession Convention.
(1) Point 2 as amended by Article 13 (1) of the 1978 Accession Convention.
(2) Point 4 as amended by Annex I (a) (2) first subparagraph to the 1989 Accession Convention.
(3) Point 5 added by Article 13 (2) of the 1978 Accession Convention and amended by Annex I (d)
(2) second sub-paragraph to the 1989 Accession Convention.
(1) As amended by Annex I (d) (3) first subparagraph to the 1989 Accession Convention.
(2) As amended by Annex I (d) (3) second subparagraph to the 1989 Accession Convention.
(3) Second subparagraph added by Article 14 of the 1978 Accession Convention and amended by Annex I (d) (4) tothe 1989 Accession Convention.
(4) Text as amended by Article 9 of the 1989 Accession Convention.
(5) Second subparagraph added by Article IS of the 1978 Accession Convention.
(6) As amended by a Communication of 8 February 1988 made in accordance with Article VI of the annexed Protocol, and confirmed by Annex I (d) (5) to the 1989 Accession Convention.
(7) First subparagraph as amended by Article 16 of the 1978 Accession Convention, by Article 4 of the 1982 Accession Convention and by Article 10 of the 1989 Accession Convention.
(1) Text as amended by Article 17 of the 1978 Accession Convention, by Article 5 of the 1982 Accession Convention and by Article 11 of the 1989 Accession Convention.
(1) As amended by Annex I (d) (6) first subparagraph to the 1989 Accession Convention.
(2) Second subparagraph added by Article 18 of the 1978 Accession Convention and amended by Annex I (d) (6)second subparagraph to the 1989 Accession Convention.
(3) First subparagraph as amended by Article 19 of the 1978 Accession Convention, by Article 6 of the 1982 Accession Convention and by Article 12 of the 1989 Accession Convention
(4) Text as amended by Article 20 of the 1978 Accession Convention, by Article 7 of the 1982 Accession Convention and by Article 13 of the 1989 Accession Convention.
(1) As amended by Annex I (d) (7) to the 1989 Accession Convention.
(2) Text as amended by Article 21 of the 1978 Accession Convention and by Annex I (d) (8) to the 1989 Accession Convention.
(3) Point 2 as amended by Article 22 of the 1978 Accession Convention.
(4) As amended by Annex I (d) (9) to the 1989 Accession Convention.
1 First paragraph as amended by Article 14 of the 1989 Accession Convention.
2 As amended by Annex I (d) (10) to the 1989 Accession Convention.
3 Third paragraph deleted by Article 15 of the 1989 Accession Convention.
4 Second subparagraph added by Article 23 of the 1978Accession Convention.
5 Text as replaced by Article 16 of the 1989 Accession Convention.
6 Title V of the 1978 Accession Convention contains the following transitional provisions: Article 34 The 1968 Convention and the 1971 Protocol, with the amendments made by this Convention, shall apply only to legal proceedings instituted and to authentic instru ments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.However, as between the six Contracting States to the 1968 Convention, judgments given after the date of entry into force of this Convention in proceedings instituted before that date shall be recognized and enforced in accordance with the provisions of Title HI of the 1968 Convention as amended. Moreover, as between the six Contracting States to the 1968 Convention and the three States mentioned in Article 1 of this Convention, and as between those three States, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall also be recognized and enforced in accordance with the provisions of Title III of the 1968 Convention as amended if jurisdiction was founded upon rules which accorded with the provisions of Title II, as amended, or with provisions of a convention concluded between the State of origin and the State addressed which was in force when the proceedings were instituted.' Title V of the 1982 Accession Convention contains the following transitional provisions: Article 12 The 1968 Convention and the 1971 Protocol, as amended by the 1978 Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed. However, as between the State of origin and the State addressed, judgments given after the date of entry into force of this Convention in proceedings instituted before that date shall be recognized and enforced in accordance with the provisions of Title III of the 1968 Convention, as amended by the 1978 Convention, and by this Convention if jurisdiction was founded upon rules which accorded with the provisions of Title II, as amended by the 1968 Convention or with provisions of a convention concluded between the State of origin and the State addressed which was in force when the proceedings were instituted.' Title VI of the 1989 Accession Convention contains the following transitional provisions: ‘Article 29 The 1968 Convention and the 1971 Protocol, as amended by the 1978 Convention, the 1982 Convention and this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed. However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognized and enforced in accordance with the provisions of Title III of the 1968 Convention, as amended by the 1978 Convention, the 1982 Convention and this Convention, if jurisdiction was founded upon rules which accorded with the provisions of Title II of the 1968 Convention, as amended, or with the provisions of a convention which was in force between the State of origin and the State addressed when the proceedings were instituted.'
(1) This paragraph replaces Article 35 of Title V of the 1978 Accession Convention which was extended to the Hellenic Republic by Article 1 (2) of the 1982 Accession Convention Article 28 of the 1989 Accession Convention provided for the deletion of both these provisions.
(2) Article added by Article 17 of the 1989 Accession Convention It corresponds to Article 36 of Title V of the 1978 Accession Convention which was extended to the Hellenic Republic by Article 1 (2) of the 1982 Accession Convention Article 28 of the 1989 Accession Convention provided for the deletion of both these provisions.
1 Fourth and fifth indents added by Article 24 of the 1978 Accession Convention.
1 Ninth indent added by Article 24 of the 1978 Accession Convention.
2 10th indent added by Article 8 of the 1982 Accession Convention.
3 13th and 14th indents added by Article 24 of the 1978 Accession Convention.
4 15th, 16th and 17th indents added by Article 18 of the 1989 Accession Convention.
5 First paragraph as amended by Article 25 (1) of the 1978 Accession Convention and by Article 19 of the 1989.
1 Paragraph 2 added by Article 19 of the 1989 Accession Convention. This paragraph corresponds to Article 25 (2) of the 1978 Accession Convention which was extended to the Hellenic Republic by Article 1 (2) of the 1982 Accession Convention. Article 28 of the 1989 Accession Convention provided for the deletion of both these provisions.
2 Paragraph added by Article 23 (1) of the 1978 Accession Convention.
3 Text as amended by Article 20 of the 1989 Accession Convention.
4 Second subparagraph added by Article 26 of the 1978 Accession Convention.
5 Article 21 of the 1989 Accession Convention provides for the deletion of Article 60 as amended by Article 27 of the 1978 Convention.
6 Ratification of the 1978 and 1982 Accession Conventions was governed by Articles 38 and 14 of those Conventions.The ratification of the 1989 Accession Convention is governed by Article 31 of that Convention, which reads asfollows:Article 31This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.'
7 The entry into force of the 1978 and 1982 Accession Conventions was governed by Articles 39 and IS of thoseConventions.The entry into force of the 1989 Accession Convention is governed by Article 32 of that Convention, which reads as follows: Article 32 This Convention shall enter into force on the first day of the third month following the date on which two signatory States, of which one is the Kingdom of Spain or the Portuguese Republic, deposit their instruments of ratification. This Convention shall take effect in relation to any other signatory State on the first day of the third month following the deposit of its instrument of ratification.' The texts of the 1968 Convention, of the 1971 Protocol and of the 1978 Convention, drawn up in the Creek language, shall be annexed to this Convention. The texts drawn up in the Greek language shall be authentic under the same conditions as the other texts of the 1968 Convention, the 1971 Protocol and the 1978 Convention.' — with regard to the 1989 Accession Convention, in Article 30 of that Convention, which reads as follows: Article 30 1. The Secretary-General of the Council of the European Communities shall transmit a certified copy of the 1968 Convention, of the 1971 Protocol, of the 1978 Convention and of the 1982 Convention in the Danish, Dutch, English, French, German, Greek, Irish and Italian languages to the Governments of the Kingdom of Spain and of the Portuguese Republic. 2. The texts of the 1968 Convention, of the 1971 Protocol, of the 1978 Convention and of the 1982 Convention, drawn up in the Portuguese and Spanish languages, are set out in Annexes II, III, IV and V to this Convention. The texts drawn up in the Portuguese and Spanish languages shall be authentic under the same conditions as the other texts of the 1968 Convention, the 1971 Protocol, the 1978 Convention and the 1982 Convention.' (1) The 1978, 1982 and 1989 Accession Conventions were signed by the respective Plenipotentiaries of the Member states. The signature of the Plenipotentiary of the Kingdom of Denmark to the 1989 Accession Convention is accompanied by the following text: 'Subject to the right to table a territorial reservation concerning the Faroes and Greenland in connection with ratification, but with the possibility of subsequently extending the Convention to cover the Faroes and Greenland.'
1 Text as amended by the 1978 Accession Convention, the 1982 Accession convention and the 1989 Accession Convention.
2 Article added by Article 29 of the 1978 Accession Convention.
3 Article added by Article 29 of the 1978 Accession Convention, amended by Article 9 of the 1982 Accession Convention and by Article 23 of the 1989 Accession Convention.
1 Article added by Article 29 of the 1978 Accession Convention
2 Article added by Article 29 of the 1978 Accession Convention
1 Text as amended by the Convention of 9 October 1978 on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland — hereafter referred to as the ‘1978 Accession Convention’ — by the Convention of 25 October 1982 on the accession of the Hellenic Republic — hereafter referred to as the ‘1982 Accession Convention', and by the Convention of 26 May 1989 on the accession of the Kingdom of Spain and the Portuguese Republic — hereafter referred to as the ‘ 1989 Accession Convention'. Second paragraph added by Article 30 of the 1978 Accession Convention.
2 l>Third paragraph added by Article 10 of the 1982 Accession Convention.
3 l>Fourth paragraph added by Article 24 of the 1989 Accession Convention.
4 Point 1 as amended by Article 31 of the 1978 Accession Convention, by Article 11 of the 1982 Accession Convention and by Article 25 of the 1989 Accession Convention.
1 Article 26 of the 1989 Accession Convention provides for the deletion of Article 6 as amended by Article 32 of the 1978 Accession Convention.
2 See footnote 6 on page 18.
3 See footnote 7 on page 18.[29 I.L.M. 1433 (1990) . ]
(4) See foot note l on pagel9.[29 I.L.M. 1434(1990).]
(5) Article 27 of the 1989 Accession Convention provides for the deletion of (d) as amended by Article 33 of the 1978 Accession Convention.
(6) See footnote 3 on page 19.
(7) See footnote 4 on page 19.
(1) With a reservation concerning the Faroes and Greenland. See footnote 1 on page 20. [29 I.L.M.1435(1990)].