Table of Articles

Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters

	Title II - Jurisdiction
	S e c t i o n 1: General provisions

Art. 2

	Scope of the Convention - Embodiment of principles recognized on an international level in matters relating to conflicts of jurisdiction between different States - Dispute concerning an invention in respect of which a patent was applied for in a non-contracting State - Application of the principles embodied in the Convention - N° 1996/12
	Special jurisdiction - Matters relating to a contract - Place of performance of the obligation - Sales contract - Obligation to deliver - Vienna Convention on Contracts for the International Sale of Goods - Clause stipulating delivery to third parties, i.e. customers of the buyer - Clause not designating the place of performance for the purpose of determining the jurisdiction - General rule of jurisdiction according to Article 2 of the Convention - Lack of jurisdiction of the court seized - N° 1999/27
	Civil and commercial matters - Meaning - Exclusion of revenue, customs or administrative matters - Action in subrogation brought before the French courts against the co-debtor following the payment of a revenue debt to the French authorities - Civil action independent of the revenue action, forming part of the personal prerogatives attached to the person of the subrogor - Included in the definition - Jurisdiction of the courts of the defendant’s domicile (Swiss) - N° 2002/38
	Courts of the defendant’s domicile - Defendant company domiciled in Switzerland - Proceedings brought in England in breach of a jurisdiction clause in favour of the courts of Texas - Application of the English law doctrine of "forum non conveniens" - Whether permissible - N° 2002/41
	Jurisdiction of the courts of the State where the defendant is domiciled - Definition of defendant - ‘Negative’ action brought by the party required in substance to defend itself - Excluded save in exceptional cases - Application for declaration of non-infringement of a patent and non-liability of the applicant domiciled in Switzerland - Proceedings directed against the holder of the patent established in another Contracting State - No jurisdiction of the Swiss court seised - N° 2007/14
	Scope of the Convention - Plaintiff domiciled in a third State and defendant domiciled in a contracting State, in this case the State of the court seised - Convention applicable - N° 2009/30

Art. 2, first para.

Courts of the defendant’s domicile – Concept of "defendant" – Party called on to defend itself in substance – Creditor domiciled in a Contracting State suing for the payment of the claim in administrative proceedings before the courts of the domicile of the debtor in Switzerland instead of introducing an application for payment – Possibility of introducing an action for release from the debt by the debtor thus sued in Switzerland and not at the registered office of the defendant to these proceedings – Compatibility with Article 2, first paragraph, of the Convention - Jurisdiction of the Swiss court seized - N° 2005/21