EC EFTA Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters Lugano, 16 September 1988

Title III - Recognition and Enforcement

174

Article 27

175

A judgement shall not be recognised:

176

1. if such recognition is contrary to public policy in the State in which recognition is sought;

177

2. where it was given in default of appearance, if the defendant was not duly served with the document which instituted the proceedings or with an equivalent document in sufficient time to enable him to arrange for his defence;

178

3. if the judgement is irreconcilable with a judgement given in a dispute between the same parties in the State in which recognition is sought;

179

4. if the court of the State of origin, in order to arrive at its judgement, has decided a preliminary question concerning the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills or succession in a way that conflicts with a rule of the private international law of the State in which the recognition is sought, unless the same result would have been reached by the application of the rules of private international law of that State;

180

5. if the judgement is irreconcilable with an earlier judgement given in a non-contracting State involving the same cause of action and between the same parties, provided that this latter judgement fulfils the conditions necessary for its recognition in the State addressed.

EC EFTA Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters Lugano, 16 September 1988

Preamble

Title I - Scope

Title II - Jurisdiction

Title III - Recognition and Enforcement

Title IV - Authentic Instruments and Court Settlements

Title V - General Provisions

Title VI - Transnational Provisions

Title VII - Relationship to the Brussels Convention and to Other Conventions

Title VIII - Final Provisions

Protocol No. 1 on Certain Questions of Jurisdiction, Procedure and Enforcement

Protocol No. 2 On the Uniform Interpretation of the Convention Preamble

Protocol No. 3 on the Application of 57

Declaration by the Representatives of the Governments of the State Signatories to the Lugano Convention which are Members of the European Communities on Protocol No. 3 on the Application of Article 57 of the Convention

Declaration by the Representatives of the Governments of the States Signatories to the Lugano Convention which are Members of the European Communities

Declaration by the Representatives of the Governments of the States Signatories to the Lugano Convention which are Members of the European Free Trade Association

Metadata

Manifest

EC EFTA Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters Lugano, 16 September 1988

Title III - Recognition and Enforcement

Article 27