Table of Articles

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

Title VI - Transitional Provisions

Art. 54

	Recognition and enforcement - Action brought before the entry into force of the Convention for the State of origin and the State addressed - Judgment rendered after that date - Applicability of the Convention - N° 1998/15
	Matters relating to insurance - Prorogation of jurisdiction - Clause conferring jurisdiction agreed upon before the entry into force of the Convention - Validity - Action brought after the entry into force of the Convention - Determination of validity according to the Convention - Invalidity - N° 1999/34
	Recognition and enforcement according to the regime of Article 54 (2) - Action brought before the entry into force of the Convention - Decision rendered after the entry into force - Review of the jurisdiction of the court of origin - Proceeding involving the same cause of action and between the same parties brought in a court of the requested State (other than the court first seized) - Irrelevance of the lis pendens within the frame of the review of the jurisdiction of the court of origin - Exclusive character of the grounds of refusal of Articles 27 and 28 - N° 1999/36
	Proceedings brought in the courts of different Contracting States before the entry into force - Identity of the parties following a voluntary and a compulsory joinder after the entry into force - Lis pendens - Applicability of Article 21 of the Convention - N° 1999/61
	Proceedings brought by the same parties in Switzerland and in Italy before the entry into force of the Convention in these States - Issue of international jurisdiction to be solved on the basis of international conventions applicable before the entry into force of the Convention - Absence of identity of the causes of action in the two proceedings and confirmation of its jurisdiction by the Italian court seized - Judgment of a Swiss court rendered after the entry into force of the Convention establishing the jurisdiction of the Swiss court - Recognition in Italy in accordance with Article 54(2) of the Convention - Exclusion - N° 1999/67
	Proceedings brought in the courts of a Contracting State after the entry into force of the Convention - Applicability of the Convention - N° 2000/28
	Action brought before the entry into force of the Convention - Enforcement pursuant to the Convention - N° 2001/14
	Claim in a matter relating to maintenance against a defendant domiciled in Italy - Legal proceedings brought in Poland before the entry into force of the Lugano Convention in that country - Inapplicability of the Lugano Convention - Application of the Convention between Italy and Poland of 28/04/1989 - N° 2002/56
	Jurisdiction –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
	Recognition and enforcement - Judgment by a German court delivered before Poland’s accession to the European Union - Regulation No 44/2001 not applicable - Proceedings instituted after the entry into force of the Convention in Poland and Germany - Whether Convention applicable - N° 2009/60

Art. 54, para. 2

	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
	Proceedings instituted before the entry into force of the Convention - Enforcement in accordance with the Convention - Conditions - Compliance with the provisions laid down in Title II or with other international provisions of equivalent effect - Scope - N° 2004/38

Art. 54B

	Relations to other conventions - Relation to the Brussels Convention - Prorogation of jurisdiction in favour of a Swiss court - Applicability of the Lugano Convention - Defendant domiciled in a European Union State - Lack of relevance - N° 1999/37
	Relationship to other conventions - Relationship to the Brussels Convention - Defendant domiciled within the territory of a Contracting State, a member of the European Communities - Absence of entry into force, in that State, of the convention of the accession of Austria to the Brussels Convention - Applicability of the Lugano Convention - N° 2000/17
	Relationship to other conventions - Relationship to the Brussels Convention - Article 54B(3) - Strict interpretation - Provision that does not derogate from the principle laid down in Article 28, para. 4 - N° 2001/22
	Relationship to other conventions - Relationship to the Brussels Convention - Examination by the court addressed of the conditions laid down in Article 54B(3) - Need to be able to identify the ground of jurisdiction on which the court of the State in which the judgment was given based itself - Non-recognition if such identification is not possible - N° 2001/22
	Relationship to Brussels Convention – Action brought against a defendant with its registered office on the territory of a Contracting State which, at the time the action was brought, is not a member of the European Communities – Defendant with registered office in Poland – Application of the Lugano Convention by the court seised - N° 2005/26

Art. 54B(2)

	Relationship to other conventions - Relationship to the Brussels Convention - Prorogation of jurisdiction in favour of a Swiss court - Applicability of the Lugano Convention - Uncertainty as to the chosen court - No effect - N° 2009/38