
对1968年关于民商事管辖权与判决执行的布鲁塞尔公约的议定书 /* 编纂版本CF 498Y0126(01) */
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:41968A0927(02)
OJ编号:OJ L 299, 31.12.1972, p. 43-44
中文标题:对1968年关于民商事管辖权与判决执行的布鲁塞尔公约的议定书 /* 编纂版本CF 498Y0126(01) */
原文标题:Protocol to the 1968 Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters /* Consolidated version CF 498Y0126(01) */
分类:19.20_民事案件中的司法合作
文件类型:补充立法 Agreement, opinion|协议、意见
法规全文:查看欧盟官方文件
41968A0927(02)
Title and reference
Protocol to the 1968 Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters /* Consolidated version CF 498Y0126(01) */
OJ L 299, 31.12.1972, p. 43‘�4 (DE, FR, IT, NL)
Spanish special edition: Chapter 01 Volume 1 P. 0197
Portuguese special edition Chapter 01 Volume 1 P. 0197
EN Official Journal L 304 , 30/10/1978 P. 36
DA Official Journal L 304 , 30/10/1978 P. 17
Text
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Dates
- of document: 27/09/1968
of signature: 27/09/1968; Brussels
end of validity: 00/00/0000; Repealed and replaced by 22007A1221(01)
Classifications
- EUROVOC descriptor:
jurisdiction
civil law
commercial law
EC Protocol
courts and tribunals
EC Intergovernmental Convention - Directory code:
19.20.00.00 Area of freedom, security and justice / Judicial cooperation in civil matters
- Subject matter:
General provisions, Brussels Convention of 27 September 1968
Miscellaneous information
- Author:
Representatives of the Member States meeting in the Council - Form:
Protocol
Relationship between documents
- Treaty:
European Economic Community - Select all documents based on this document
- Amended by:
Amended by 41978A1009(01) Addition Article 5BIS
Amended by 41978A1009(01) Addition Article 5QUATER
Amended by 41978A1009(01) Addition Article 5QUINQUIES
Amended by 41978A1009(01) Addition Article 5TER
Amended by 41982A1025(01) Completion Article 5TER
Relation 41983A0411
Amended by 41989A0535 Replacement Article 5TER
Relation 41990A0728
Amended by 41997A0115(01) Replacement Article 5
Amended by 41997A0115(01) Completion Article 5BIS
Amended by 41997A0115(01) Addition Article 5SEXTO
Relation 41998A0126
- Affected by case:
A01L2 Interpreted by 61979J0784
A02 Interpreted by 61980J0157
- Instruments cited:
41968A0927(01)
- Select all documents mentioning this document
Text
Bilingual display: DA DE EL EN ES FR IT NL PT |
PROTOCOL on Convention on jurisdiction and the enforcement of judgments in civil and commercial matters - 1968 Brussels Convention /* Consolidated version CF 498Y0126(01) */
The High Contracting Parties have agreed upon the following provisions, which shall be annexed to the Convention:
Article I
Any person domiciled in Luxembourg who is sued in a court of another Contracting State pursuant to Article 5 (1) may refuse to submit to the jurisdiction of that court. If the defendant does not enter an appearance the court shall declare of its own motion that it has no jurisdiction.
An agreement conferring jurisdiction, within the meaning of Article 17, shall be valid with respect of a person domiciled in Luxembourg only if that person has expressly and specifically so agreed.
Article II
Without prejudice to any more favourable provisions of national laws, persons domiciled in a Contracting State who are being prosecuted in the criminal courts of another Contracting State of which they are not nationals for an offence which was not intentionally committed may he defended by persons qualified to do so, even if they do not appear in person.
However, the court seised of the matter may order appearance in person; in the case of failure to appear, a judgment given in the civil action without the person concerned having had the opportunity to arrange for his defence need not be recognized or enforced in the other Contracting States.
Article III
In proceedings for the issue of an order for enforcement, no charge, duty or fee calculated by reference to the value of the matter in issue may be levied in the State in which enforcement is sought.
Article IV
Judicial and extrajudicial documents drawn up in one Contracting State which have to be served on persons in another Contracting State shall be transmitted in accordance with the procedures laid down in the conventions and agreements concluded between the Contracting States.
Unless the State in which service is to take place objects by declaration to the Secretary-General of the Council of the European Communities, such documents may also be sent by the appropriate public officers of the State in which the document has been drawn up directly to the appropriate public officers of the State in which the addressee is to be found. In this case the officer of the State of origin shall send a copy of the document to the officer of the State addressed who is competent to forward it to the addressee. The document shall be forwarded in the manner specified by the law of the State addressed. The forwarding shall be recorded by a certificate sent directly to the officer of the State of origin.
Article V
The jurisdiction specified in Articles 6 (2) and 10 in actions on a warranty or guarantee or in any other third party proceedings may not be resorted to in the Federal Republic of Germany. In that State, any person domiciled in another Contracting State may be sued in the courts in pursuance of Articles 68, 72, 73 and 74 of the code of civil procedure (Zivilproze脽ordnung) concerning third-party notices.
Judgments given in the other Contracting States by virtue of Article 6 (2) or 10 shall be recognized and enforced in the Federal Republic of Germany in accordance with Title III. Any effects which judgments given in that State may have on third parties by application of Articles 68, 72, 73 and 74 of the code of civil procedure (Zivilproze脽ordnung) shall also be recognized in the other Contracting States.
Article VI
The Contracting States shall communicate to the Secretary-General of the Council of the European Communities the text of any provisions of their laws which amend either those articles of their laws mentioned in the Convention or the lists of courts specified in Section 2 of Title III of the Convention.
In witness whereof, the undersigned Plenipotentiaries have signed this Protocol.
Done at Brussels this twenty-seventh day of September in the year one thousand nine hundred and sixty-eight.
For His Majesty the King of the Belgians,
Pierre HARMEL
For the President of the Federal Republic of Germany,
Willy BRANDT
For the President of the French Republic,
Michel DEBR脡
For the President of the Italian Republic,
Giuseppe MEDICI
For His Royal Highness the Grand Duke of Luxembourg,
Pierre GR脡GOIRE
For Her Majesty the Queen of the Netherlands,
J.M.A.H. LUNS
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