Table of Articles

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

	Title III - Recognition and enforcement
	S e c t i o n 2: Enforcement

Art. 31

	Order for sequestration (sequestro giudiziario) made by an Italian court and appointing the plaintiff as custodian of the sequestered property - Property situated in Sweden - Swedish provisions applicable to the execution of similar security measures foreseeing that the property be placed in an enforcement officer's custody - Application of the Swedish provisions - N° 1996/27
	Effects of the order in the State in which enforcement is sought - Limits resulting from the applicability of the law of the State in which execution as such is sought - N° 1996/27
	Special jurisdiction - Provisional or protective measures - Action for leave to sequestrate property in Switzerland on the basis of a foreign decision - Conditions - “Enforceable” nature of the judgment in the State of origin - Norwegian judgment indicating a “time allowed for enforcement” remaining unimplemented - Absence of enforceable nature of the decision under Norwegian law and with regard to the Lugano Convention - Rejection of the application - N° 2000/18
	Foreign decision prohibiting defendant from disposing of his assets located in Switzerland - Decision given following inter partes proceedings - for enforcement granted - N° 2004/19
	Certificate of enforceability - Procedure - Only the person who can ask for enforcement of the judgment in the State of origin is entitled to ask for a certificate of enforceability - Decision of a court of a Contracting State concerning the recovery of costs - Decision not indicating the person with the right to payment - Certificate of enforceability conditional on establishing the right of the applicant to performance - N° 2006/43

Art. 34

	Order for enforcement - Procedure - Opportunity for the party against whom the enforcement is sought to make submissions - Absence - Consideration only of the grounds of refusal specified in Articles 27 and 28 - N° 1997/26
	Exequatur - Procedure - No review as to the substance - Exception - Verification of the identity of the debtor - Uncertainty whether loser in foreign judgment identical to party against whom enforcement is sought - Refusal of the order of enforcement - N° 1999/24
	Declaration of enforceability of a foreign judgment - Subsequent corrections to the foreign judgment - Transfer of debt - Need to obtain a new declaration of enforceability - None - Whether the issue of a new declaration of enforceability is permissible - Condition - Impossible for the new debtor to assert its rights under the foreign judgment - Precedence of the principle of the free movement of judicial decisions over the plea of res judicata - N° 20073/9

Art. 37

Appeal against the grant of that order - "[O]rdinary" appeal within the meaning of paragraph 1 of Article 38 of the Convention - Meaning - Subsequent proceedings (Nachverfahren) as a condition subsequent of a judgment (Vorbehaltsurteil) - Excluded - N° 2004/18

Art. 37(1)

Appeal against the order - Inter partes proceedings - Obligation to hold a hearing - None - N° 2009/60

Art. 37(2)

Appeal against grant - "Judgment given on the appeal" - Judgment on the merits - Judgment of a Polish appeal court concerning a collateral issue such as the refusal of the court at first instance to reinstate the time-limit for appealing against grant of the certificate of enforceability - Excluded - N° 2006/42

Art. 38

Appeal against the grant of that order - "[O]rdinary" appeal within the meaning of paragraph 1 of Article 38 of the Convention - Meaning - Subsequent proceedings (Nachverfahren) as a condition subsequent of a judgment (Vorbehaltsurteil) - Excluded - N° 2004/18

Art. 38(1)

Appeal against issue - Proceedings suspended following the lodging of "an ordinary appeal" in the State of origin - Concept - Action against the State of origin before the European Court of Human Rights - Excluded - N° 2006/38

Art. 39

	Permissible protective measures - Type of measures to be defined by national law - Refusal to order sequestration as a protective measure - Arbitrary application of Swiss law relating to provisional measures - None - N° 2001/20

Art. 40

	Appeal against refusal – Time-limit – Determination by the procedural law of the State of enforcement – Time-limit of one week laid down in national legislation - N° 2005/48
	Appeal against refusal – Court with jurisdiction – Court of appeal – Need to go by way of a regional court – Absence – Appeal must be brought directly before the court of appeal, by derogation from national procedural rules - N° 2005/48