European Union: Modernising the Lugano Convention

The European Community is about to ratify the Convention replacing the Lugano Convention. The Official Journal of the European Union (OJEU) 10.6.2009 L 147 contains the following relevant headlines:





COUNCIL DECISION 2009/430/EC of 27 November 2008 concerning the conclusion of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.



CONVENTION on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (text).



CORRIGENDA Procès-verbal of rectification to the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed at Lugano on 30 October 2007 (Official Journal of the European Union L 339 of 21 December 2007).


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In the light of the parallelism between the Brussels and the Lugano Convention regimes on jurisdiction and on recognition and enforcement of judgments in civil and commercial matters, the rules of the Lugano Convention are aligned with the rules of Regulation (EC) No 44/2001 in order to achieve the same level of circulation of judgments between the EU Member States and the EFTA States concerned.



Ralf Grahn

EU: Hague Convention on Choice of Court Agreements

The Council of the European Union has approved the signing of the Convention on Choice of Court Agreements concluded at The Hague on 30 June 2005 on behalf of the European Community, subject to the conclusion of the Convention at a later date.

This is the content of Council Decision 2009/397/EC of 26 February 2009 on the signing on behalf of the European Community of the Convention on Choice of Court Agreements, just published in the Official Journal of the European Union (OJEU) 29.5.2009 L 133/1.



Ireland and the United Kingdom take part in the decision, but Denmark does not.

The text of the Convention, which applies in international cases to exclusive choice of court agreements concluded in civil or commercial matters, is annexed to the Decision.


Ralf Grahn

EU: Judgments in civil and commercial matters

This post is aimed at lawyers interested in the enforcement of European judgments.


Commission Regulation (EC) No 280/2009 of 6 April 2009 amending Annexes I, II, III and IV to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters has been published in the Official Journal of the European Union (OJEU) 7.4.2009 L 93/13.

As from tomorrow the lists in Annexes I to IV concerning these cross-border cases are being replaced by new consolidated versions. The contents of the Annexes at a glance:

Annex I Rules of jurisdiction referred to in Article 3(2) and Article 4(2)

Annex II on the courts or competent authorities to which the application referred to in Article 39 may be submitted

Annex III on the courts with which appeals referred to in Article 43(2) may be lodged

Annex IV on the appeals which may be lodged pursuant to Article 44



Ralf Grahn