New Lugano Convention Signed


According to a statement by the Portuguese Presidency, and a press release by the European Commission (DG Freedom, Security and Justice), the new Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters was signed by the EC, Denmark and the three EFTA States which are party to the old Lugano Convention (Switzerland, Norway and Iceland) in a ceremony held on 30 October 2007 in Lugano. The text was signed on behalf of the European Community by Alberto Costa, Portuguese Minister of Justice.

On the negotiating process of the convention, and the Council’s decision on its signing on behalf of the Community, see our previous posts here and here. The text of the new convention is attached to the Council’s decision: pursuant to Art. 300(2) of the EC Treaty, it is subject to its possible conclusion, by another Council’s decision, at a later date.

According to Art. 73 of the convention, the instruments of ratification shall be deposited with the Swiss Federal Council, which shall act as Depositary. The convention will enter into force on the first day of the sixth month following the date on which the European Community and a Member of the European Free Trade Association deposit their instruments of ratification.

On the jurisdiction of the European Court of Justice for the interpretation of the provisions of the convention, which becomes part of Community rules, see Protocol no. 2 annexed to the convention, which sets up also a system of exchange of information similar to the one adopted for the 1988 Lugano convention. See also the Swiss Federal Council’s website for the annual reports on national case law relating to the old Lugano convention.