2009/430/EC: 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 - Declarations

• Articles: 4

Article 1

The conclusion of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which will replace the Lugano Convention of 16 September 1988, is hereby approved on behalf of the Community.

When depositing its instrument of ratification, the Community shall make the declarations set out in Annexes I and II to this Decision.

The text of the Convention is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to deposit on behalf of the Community the instrument of ratification in accordance with Article 69(2) of the Convention.

Schedules & Appendices

ANNEX I DECLARATION BY THE EUROPEAN COMMUNITY

ANNEX I

DECLARATION BY THE EUROPEAN COMMUNITY

‘The European Community hereby declares that, when amending Council Regulation (EC) No 44/2001 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters, it intends to clarify the scope of Article 22(4) of the said Regulation with a view to taking into account the relevant case law of the Court of Justice of the European Communities with respect to proceedings concerned with the registration or validity of intellectual property rights, thereby ensuring its parallelism with Article 22(4) of the Convention while taking into account the results of the evaluation of the application of Regulation (EC) No 44/2001.’

ANNEX II DECLARATION BY THE EUROPEAN COMMUNITY IN ACCORDANCE WITH ARTICLE II(2) OF PROTOCOL 1 TO THE CONVENTION

ANNEX II

DECLARATION BY THE EUROPEAN COMMUNITY IN ACCORDANCE WITH ARTICLE II(2) OF PROTOCOL 1 TO THE CONVENTION

‘The European Community declares that proceedings referred to in Articles 6(2) and 11 may not be resorted to in the following Member States: Estonia, Latvia, Lithuania, Poland and Slovenia in addition to the three already mentioned in Annex IX to the Convention.

In accordance with Article 77(2) of the Convention the Standing Committee set up by Article 4 of Protocol 2 to the Convention should therefore as soon as the Convention enters into force be requested to amend Annex IX to the Convention as follows:

“ANNEX IX

The States and the rules referred to in Article II of Protocol 1 are the following:

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Germany: Articles 68, 72, 73 and 74 of the code of civil procedure (Zivilprozessordnung) concerning third-party notices,

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Estonia: Article 214(3) and (4) and Article 216 of the Code of Civil Procedure (tsiviilkohtumenetluse seadustik) concerning third-party notices,

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Latvia: Articles 78, 79, 80 and 81 of the Civil Procedure Law (Civilprocesa likums) concerning third-party notices,

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Lithuania: Article 47 of the Code of Civil Procedure (Civilinio proceso kodeksas),

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Hungary: Articles 58 to 60 of the Code of Civil Procedure (Polgári perrendtartás) concerning third-party notices,

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Austria: Article 21 of the code of civil procedure (Zivilprozessordnung) concerning third-party notices,

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Poland: Articles 84 and 85 of the Code of Civil Procedure (Kodeks postępowania cywilnego) concerning third-party notices (przypozwanie),

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Slovenia: Article 204 of the Civil Procedure Act (Zakon o pravdnem postopku) concerning third-party notices,

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Switzerland, with respect to those cantons whose applicable code of civil procedure does not provide for the jurisdiction referred to in Articles 6(2) and 11 of the Convention: the appropriate provisions concerning third-party notices ( litis denuntiatio ) of the applicable code of civil procedure.”

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