Table of Articles

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

Protocol n° 1 annexed to the Lugano Convention

Art. I, second para.

	Prorogation of jurisdiction - Agreement conferring jurisdiction - Formal requirements - Person domiciled in Luxembourg - Express and specific acceptance - Scope - Silence by buyer at the time of receipt of invoice containing a jurisdiction clause in favour of the Austrian courts - Excluded - Clause not valid - N° 2003/40
	Special jurisdiction - Matters relating to a contract - Place of performance of the obligation - Determination according to the obligation which forms the basis of the application and according to the law governing that obligation according to the conflict of laws rules of the court seised, in this case the Rome Convention, referring to Austrian law - Lack of proof as to the content of Austrian law - Application of the lex fori (Luxembourg) - Derogation by the parties from the principle that goods must be collected and place of delivery fixed as Luxembourg - Jurisdiction of the Luxembourg courts - N° 2003/40

Art. Ia

	Transitional provisions - Action brought before the entry into force - Judgment given after that date - Recognition and enforcement according to the Convention - Conditions - Review of the jurisdiction of the court of the State of origin - Jurisdiction based on the place of performance of the contractual obligation - Excluded by virtue of the reservation made by Switzerland with respect to judgments based on that head of jurisdiction - Prorogation of jurisdiction - Interpretation in the light of the case-law of the Court of Justice on the Brussels Convention - No proof of compliance with the formal requirements - Refusal to issue an enforcement order - N° 1994/17
	Recognition and enforcement - Grounds for refusal - Review of the jurisdiction of the court in which the judgment was given - Swiss reservation provided for Article Ia of the Convention - Expiry on 31 December 1999 - Scope - Recognition and enforcement after that date of judgments delivered before then - N° 2001/19

Art. V

	Significance of the Convention - Taken into account for the interpretation of national rules of procedure - Third-party notices - Legal effects in Austrian law - Reference to Austria in Article V of Protocol 1 to the Convention - Decisive - N° 1998/12
	Significance of the Convention - Taken into account for the interpretation of national rules of procedure - Third-party-notices - Legal effects in Austrian law - Reference to Austria in Article V of Protocol 1 to the Convention - Decisive influence - Consequences for the order to pay costs and damages - N° 1999/14