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Document 02012R1215-20150226
文档 02012R1215-20150226

Consolidated text: Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)
合并文本:2012 年 12 月 12 日欧洲议会和理事会关于民商事管辖权以及承认和执行判决的第 1215/2012 号条例(修订)

ELI: http://data.europa.eu/eli/reg/2012/1215/2015-02-26
ELI:http://data.europa.eu/eli/reg/2012/1215/2015-02-26

02012R1215 — EN — 26.02.2015 — 001.001


This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
此文本仅用作文档工具,不具有法律效力。国际电联的机构对其内容不承担任何责任。相关法案的真实版本(包括其序言)是在欧盟官方公报上公布的版本,并以 EUR-Lex 格式提供。这些正式文本可以通过本文档中嵌入的链接直接访问

►B  ►乙

REGULATION (EU) No 1215/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
欧洲议会和理事会第 1215/2012 号法规 (EU)

of 12 December 2012  2012 年 12 月 12 日

on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
关于民商事案件的管辖权以及承认和执行判决

(recast) (重铸)

(OJ L 351 20.12.2012, p. 1)
(OJ L 351 20.12.2012,第 1 页)

Amended by: 修订者:

 

 

Official Journal 官方公报

  No 

page 

date 日期

►M1  ►M1 系列

REGULATION (EU) No 542/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  of 15 May 2014
2014 年 5 月 15 日欧洲议会和理事会第 542/2014 号法规 (EU)

  L 163 L 163 号

1

29.5.2014

►M2

COMMISSION DELEGATED REGULATION (EU) 2015/281 of 26 November 2014
2014 年 11 月 26 日欧盟委员会授权法规 (EU) 2015/281

  L 54 L 54 号

1

25.2.2015




▼B

REGULATION (EU) No 1215/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
欧洲议会和理事会第 1215/2012 号法规 (EU)

of 12 December 2012  2012 年 12 月 12 日

on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
关于民商事案件的管辖权以及承认和执行判决

(recast) (重铸)



CHAPTER I 第一章

SCOPE AND DEFINITIONS 范围和定义

Article 1 第 1 条

1.  
This Regulation shall apply in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters or to the liability of the State for acts and omissions in the exercise of State authority (acta iure imperii).

1.  
本条例适用于民商事,无论法院或审裁处的性质如何。尤其,本条约不应延伸至税收、关税或行政事务,或国家对行使国家权力时的行为和不作为的责任(acta iure imperii)。
2.  

This Regulation shall not apply to:

(a)  (一)

the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship or out of a relationship deemed by the law applicable to such relationship to have comparable effects to marriage;
自然人的地位或法律行为能力、因婚姻关系或因适用于该关系的法律认为具有与婚姻相当效力的关系而产生的财产权;

(b)  (二)

bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings;
破产、与无力偿债的公司或其他法人清盘有关的法律程序、司法安排、组成及类似法律程序;

(c)  (三)

social security; 社会保障;

(d)  (四)

arbitration; 仲裁;

(e)  (五)

maintenance obligations arising from a family relationship, parentage, marriage or affinity;
因家庭关系、亲子关系、婚姻或姻亲关系而产生的赡养义务;

(f)  (六)

wills and succession, including maintenance obligations arising by reason of death.
遗嘱和继承,包括因死亡而产生的赡养义务。


阿拉伯数字。  本条例不适用于:

Article 2 第 2 条

For the purposes of this Regulation:
为施行本规例:

(a)  (一)

‘judgment’ means any judgment given by a court or tribunal of a Member State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as a decision on the determination of costs or expenses by an officer of the court.
“判决”是指会员国的法院或法庭作出的任何判决,无论该判决如何称呼,包括法令、命令、决定或执行令状,以及法院官员关于确定费用或开支的决定。

For the purposes of Chapter III, ‘judgment’ includes provisional, including protective, measures ordered by a court or tribunal which by virtue of this Regulation has jurisdiction as to the substance of the matter. It does not include a provisional, including protective, measure which is ordered by such a court or tribunal without the defendant being summoned to appear, unless the judgment containing the measure is served on the defendant prior to enforcement;
就第三章而言,“判决”包括由法院或法庭下令采取的临时措施,包括保护措施,这些措施凭借本条例对事项的实质具有管辖权。它不包括由此类法院或法庭在没有传唤被告出庭的情况下下令采取的临时措施,包括保护措施,除非包含该措施的判决在执行前已送达被告;

(b)  (二)

‘court settlement’ means a settlement which has been approved by a court of a Member State or concluded before a court of a Member State in the course of proceedings;
“法院和解”是指在诉讼过程中经会员国法院批准或在会员国法院达成的和解;

(c)  (三)

‘authentic instrument’ means a document which has been formally drawn up or registered as an authentic instrument in the Member State of origin and the authenticity of which:
“真实文书”是指在原籍国正式起草或注册为真实文书的文件,其真实性:

(i)  (一)

relates to the signature and the content of the instrument; and
与文书的签名和内容有关;和

(ii)  (二)

has been established by a public authority or other authority empowered for that purpose;
由公共机构或为此目的授权的其他机构设立;

(d)  (四)

‘Member State of origin’ means the Member State in which, as the case may be, the judgment has been given, the court settlement has been approved or concluded, or the authentic instrument has been formally drawn up or registered;
“原籍国”是指已作出判决、已批准或完成法院和解,或已正式起草或注册真实文书的成员国(视情况而定);

(e)  (五)

‘Member State addressed’ means the Member State in which the recognition of the judgment is invoked or in which the enforcement of the judgment, the court settlement or the authentic instrument is sought;
“所涉会员国”是指要求承认判决或寻求执行判决、法院和解或真实文书的会员国;

(f)  (六)

‘court of origin’ means the court which has given the judgment the recognition of which is invoked or the enforcement of which is sought.
“原审法院”是指作出判决并援引该判决或寻求执行该判决的法院。

Article 3 第 3 条

For the purposes of this Regulation, ‘court’ includes the following authorities to the extent that they have jurisdiction in matters falling within the scope of this Regulation:
就本条例而言,“法院”包括以下机构,只要他们对属于本条例范围内的事项具有管辖权:

(a)  (一)

in Hungary, in summary proceedings concerning orders to pay (fizetési meghagyásos eljárás), the notary (közjegyző);
在匈牙利,在关于付款令 (order for payment procedure) 的简易程序中,公证人 (notary);

(b)  (二)

in Sweden, in summary proceedings concerning orders to pay (betalningsföreläggande) and assistance (handräckning), the Enforcement Authority (Kronofogdemyndigheten).
在瑞典,在关于付款令 (betalningsföreläggande) 和协助令 (handräckning) 的简易程序中,执法机构 (Kronofogdemyndigheten)。

CHAPTER II 第二章

JURISDICTION 管辖

SECTION 1 第 1 部分

General provisions 一般规定

Article 4 第 4 条

1.  
Subject to this Regulation, persons domiciled in a Member State shall, whatever their nationality, be sued in the courts of that Member State.

1.  
在遵守本条例的前提下,在会员国有住所的人,无论其国籍如何,均应在该会员国的法院提起诉讼。
2.  
Persons who are not nationals of the Member State in which they are domiciled shall be governed by the rules of jurisdiction applicable to nationals of that Member State.

2.  
非其住所所在会员国国民的人应受适用于该会员国国民的管辖规则的约束。

Article 5 第 5 条

1.  
Persons domiciled in a Member State may be sued in the courts of another Member State only by virtue of the rules set out in Sections 2 to 7 of this Chapter.

1.  
居住在会员国的人只能根据本章第 2 节至第 7 节规定的规则在另一会员国的法院提起诉讼。
2.  
In particular, the rules of national jurisdiction of which the Member States are to notify the Commission pursuant to point (a) of Article 76(1) shall not be applicable as against the persons referred to in paragraph 1.

2.  
特别是,会员国根据第 76 条第 (1) 款 (a) 项通知委员会的国家管辖规则不适用于第 1 款中提及的人。

Article 6 第 6 条

1.  
If the defendant is not domiciled in a Member State, the jurisdiction of the courts of each Member State shall, subject to Article 18(1), Article 21(2) and Articles 24 and 25, be determined by the law of that Member State.

1.  
如果被告的住所不在会员国,则根据第 18 条第 (1) 款、第 21 条第 (2) 款以及第 24 条和第 25 条的规定,每个会员国法院的管辖权应由该会员国的法律确定。
2.  
As against such a defendant, any person domiciled in a Member State may, whatever his nationality, avail himself in that Member State of the rules of jurisdiction there in force, and in particular those of which the Member States are to notify the Commission pursuant to point (a) of Article 76(1), in the same way as nationals of that Member State.

2.  对于
此类被告,任何居住在会员国的人,无论其国籍如何,都可以在该会员国利用当地现行的管辖规则,特别是会员国根据第 76 条第 (1) 款 (a) 项通知委员会的规则,其方式与该会员国的国民相同。

SECTION 2 第 2 部分

Special jurisdiction 特别管辖区

Article 7 第 7 条

A person domiciled in a Member State may be sued in another Member State:
在会员国定居的人可以在另一个会员国被起诉:

(1) 
(a)  (一)

in matters relating to a contract, in the courts for the place of performance of the obligation in question;
在与合同有关的事项中,在相关义务履行地的法院;

(b)  (二)

for the purpose of this provision and unless otherwise agreed, the place of performance of the obligation in question shall be:
为本条款之目的,除非另有约定,相关义务的履行地点应为:

— 
in the case of the sale of goods, the place in a Member State where, under the contract, the goods were delivered or should have been delivered,
在货物销售的情况下,根据合同,货物已交付或应该交付的成员国的地点,
— 
in the case of the provision of services, the place in a Member State where, under the contract, the services were provided or should have been provided;
在提供服务的情况下,根据合同提供或应该提供服务的成员国的地点;
(c)  (三)

if point (b) does not apply then point (a) applies;
如果 (b) 点不适用,则 (a) 点适用;

(2) 

in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur;
在与侵权、不法或准不法行为有关的事项中,在有害事件发生地或可能发生地的法院审理;

(3) 

as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings;
对于基于引起刑事诉讼的行为而提出的损害赔偿或恢复原状的民事索赔,在审理这些诉讼的法院中,只要该法院根据其自身法律具有受理民事诉讼的管辖权;

(4) 

as regards a civil claim for the recovery, based on ownership, of a cultural object as defined in point 1 of Article 1 of Directive 93/7/EEC initiated by the person claiming the right to recover such an object, in the courts for the place where the cultural object is situated at the time when the court is seised;
对于要求找回该文物的权利的人基于所有权提起的民事索赔,要求追回该 93/7/EEC 指令第 1 条第 1 点所定义的文物,在法院被没收时向该文物所在地的法院提出;

(5) 

as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place where the branch, agency or other establishment is situated;
对于因分支机构、代理机构或其他机构的运营而引起的争议,应向分支机构、代理机构或其他机构所在地的法院提交;

(6) 

as regards a dispute brought against a settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the Member State in which the trust is domiciled;
对于在信托所在成员国的法院通过法规的实施或书面文书设立的,或以口头和书面形式证明的信托的委托人、受托人或受益人提起的争议;

(7) 

as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question:
关于就救助货物或货物索赔的报酬支付的争议,在有关货物或货物所依据的法院管辖:

(a)  (一)

has been arrested to secure such payment; or
已被逮捕以确保此类付款;或

(b)  (二)

could have been so arrested, but bail or other security has been given;
本可以被逮捕,但已获得保释或其他担保;

provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage.
但只有当声称被告对货物或货物有权益或在救助时具有此类权益时,本规定才适用。

Article 8 第 8 条

A person domiciled in a Member State may also be sued:
在会员国有住所的人也可能被起诉:

(1) 

where he is one of a number of defendants, in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings;
如被告人是众多被告人之一,则在其任何被告人居住地的法院审理,但前提是申索之间有密切的联系,以致合计应一并审理和裁定,以避免因分开的法律程序而产生不可调和的判决的风险;

(2) 

as a third party in an action on a warranty or guarantee or in any other third-party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case;
在就保证或担保提起的诉讼或任何其他第三方诉讼中,作为第三方,在审理原程序的法院提起诉讼,除非提起这些诉讼的目的只是为了将他从对其案件有管辖权的法院的管辖范围内移开;

(3) 

on a counter-claim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;
因原始索赔所依据的同一合同或事实而产生的反索赔,在原始索赔待决的法院提出;

(4) 

in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court of the Member State in which the property is situated.
在与合同有关的事项中,如果该诉讼可以与在不动产对物权利有关的事项中针对同一被告的诉讼合并,则应在财产所在成员国的法院进行诉讼。

Article 9 第 9 条

Where by virtue of this Regulation a court of a Member State has jurisdiction in actions relating to liability from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of that Member State, shall also have jurisdiction over claims for limitation of such liability.
如果根据本条例,成员国的法院对与船舶使用或运营责任有关的诉讼具有管辖权,则该法院或为此目的由该成员国的内部法替代的任何其他法院也应对限制此类责任的索赔具有管辖权。

SECTION 3 第 3 部分

Jurisdiction in matters relating to insurance
保险相关事宜的司法管辖权

Article 10 第十条

In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to Article 6 and point 5 of Article 7.
在与保险有关的事项中,管辖权应由本节确定,但不影响第 6 条和第 7 条第 5 点。

Article 11 第十一条

1.  

An insurer domiciled in a Member State may be sued:

(a)  (一)

in the courts of the Member State in which he is domiciled;
在其居住国的会员国的法院;

(b)  (二)

in another Member State, in the case of actions brought by the policyholder, the insured or a beneficiary, in the courts for the place where the claimant is domiciled; or
在另一个成员国,如果保单持有人、被保险人或受益人提起诉讼,则向索赔人住所地的法院提起诉讼;或

(c)  (三)

if he is a co-insurer, in the courts of a Member State in which proceedings are brought against the leading insurer.
如果他是共同保险人,则在对主要保险人提起诉讼的成员国的法院。


1.  在成员国注册的保险公司可以被起诉:
2.  
An insurer who is not domiciled in a Member State but has a branch, agency or other establishment in one of the Member States shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that Member State.

2.  
在会员国设立住所但在其中一个会员国设有分支机构、代理机构或其他机构的保险人,在因分支机构、代理机构或机构的运营而引起的争议中,应被视为在该成员国注册

Article 12 第 12 条

In respect of liability insurance or insurance of immovable property, the insurer may in addition be sued in the courts for the place where the harmful event occurred. The same applies if movable and immovable property are covered by the same insurance policy and both are adversely affected by the same contingency.
对于责任保险或不动产保险,保险公司还可以被起诉到损害事件发生地的法院。如果动产和不动产都在同一份保险单中承保,并且两者都受到同一或有事项的不利影响,则同样适用。

Article 13 第十三条

1.  
In respect of liability insurance, the insurer may also, if the law of the court permits it, be joined in proceedings which the injured party has brought against the insured.

1.  
就责任保险而言,如果法院法律允许,保险人也可以加入受害方对被保险人提起的法律程序。
2.  
Articles 10, 11 and 12 shall apply to actions brought by the injured party directly against the insurer, where such direct actions are permitted.

2.  
第 10 条、第 11 条和第 12 条应适用于受害方直接针对保险人提起的诉讼,前提是允许此类直接诉讼。
3.  
If the law governing such direct actions provides that the policyholder or the insured may be joined as a party to the action, the same court shall have jurisdiction over them.

3.  
如果管辖此类直接诉讼的法律规定保单持有人或被保险人可以加入为诉讼的一方,则同一法院对他们具有管辖权。

Article 14 第 14 条

1.  
Without prejudice to Article 13(3), an insurer may bring proceedings only in the courts of the Member State in which the defendant is domiciled, irrespective of whether he is the policyholder, the insured or a beneficiary.

1.  
在不影响第 13 条第 (3) 款的情况下,保险人只能在被告居住地的成员国的法院提起诉讼,无论被告是投保人、被保险人还是受益人。
2.  
The provisions of this Section shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending.

2.  
本节的规定不应影响根据本节,原始索赔未决的法院提出反索赔的权利。

Article 15 第十五条

The provisions of this Section may be departed from only by an agreement:
本节的规定只能通过协议来偏离:

(1) 

which is entered into after the dispute has arisen;
在争议发生后签订的;

(2) 

which allows the policyholder, the insured or a beneficiary to bring proceedings in courts other than those indicated in this Section;
允许保单持有人、被保险人或受益人在本条规定的法院以外的法院提起诉讼;

(3) 

which is concluded between a policyholder and an insurer, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Member State, and which has the effect of conferring jurisdiction on the courts of that Member State even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of that Member State;
由投保人和保险人签订的协议,保险持有人和保险人在签订合同时均居住在或常常居住在同一成员国,并且具有授予该成员国法院管辖权的效力,即使有害事件发生在国外,前提是此类协议不违反该成员国的法律;

(4) 

which is concluded with a policyholder who is not domiciled in a Member State, except in so far as the insurance is compulsory or relates to immovable property in a Member State; or
与不在成员国居住的保单持有人签订,除非保险是强制性的或与成员国的不动产有关;或

(5) 

which relates to a contract of insurance in so far as it covers one or more of the risks set out in Article 16.
与保险合同有关,只要它涵盖第 16 条中规定的一项或多项风险。

Article 16 第 16 条

The following are the risks referred to in point 5 of Article 15:
以下是第 15 条第 5 点中提到的风险:

(1) 

any loss of or damage to:
以下各项的任何损失或损害:

(a)  (一)

seagoing ships, installations situated offshore or on the high seas, or aircraft, arising from perils which relate to their use for commercial purposes;
海船、位于近海或公海上的设施,或因将其用于商业目的而产生的危险而产生的飞机;

(b)  (二)

goods in transit other than passengers’ baggage where the transit consists of or includes carriage by such ships or aircraft;
除乘客行李外的过境货物,如果过境包括或包括此类船舶或飞机的运输;

(2) 

any liability, other than for bodily injury to passengers or loss of or damage to their baggage:
除乘客人身伤害或行李丢失或损坏以外的任何责任:

(a)  (一)

arising out of the use or operation of ships, installations or aircraft as referred to in point 1(a) in so far as, in respect of the latter, the law of the Member State in which such aircraft are registered does not prohibit agreements on jurisdiction regarding insurance of such risks;
因使用或操作第 1(a) 点所述的船舶、装置或飞机而产生,但就后者而言,此类飞机注册地所在成员国的法律不禁止有关此类风险保险的管辖权协议;

(b)  (二)

for loss or damage caused by goods in transit as described in point 1(b);
第 1(b) 点所述的运输货物造成的损失或损坏;

(3) 

any financial loss connected with the use or operation of ships, installations or aircraft as referred to in point 1(a), in particular loss of freight or charter-hire;
与第 1(a) 点所述的船舶、装置或飞机的使用或操作有关的任何财务损失,尤其是运费或租赁费用的损失;

(4) 

any risk or interest connected with any of those referred to in points 1 to 3;
与第 1 至 3 点中提及的任何风险或利益相关的任何风险或利益;

(5) 

notwithstanding points 1 to 4, all ‘large risks’ as defined in Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) ( 14 ).
尽管有第 1 点至第 4 点的规定,但欧洲议会和理事会 2009 年 11 月 25 日关于开展和追求保险和再保险业务的指令 2009/138/EC (偿付能力 II) 中定义的所有“重大风险”(14)。

SECTION 4 第 4 部分

Jurisdiction over consumer contracts

Article 17

1.  

In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, jurisdiction shall be determined by this Section, without prejudice to Article 6 and point 5 of Article 7, if:

(a) 

it is a contract for the sale of goods on instalment credit terms;

(b) 

it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or

(c) 

in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in the Member State of the consumer’s domicile or, by any means, directs such activities to that Member State or to several States including that Member State, and the contract falls within the scope of such activities.

2.  
Where a consumer enters into a contract with a party who is not domiciled in a Member State but has a branch, agency or other establishment in one of the Member States, that party shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that Member State.
3.  
This Section shall not apply to a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation.

Article 18

1.  
A consumer may bring proceedings against the other party to a contract either in the courts of the Member State in which that party is domiciled or, regardless of the domicile of the other party, in the courts for the place where the consumer is domiciled.
2.  
Proceedings may be brought against a consumer by the other party to the contract only in the courts of the Member State in which the consumer is domiciled.
3.  
This Article shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending.

Article 19

The provisions of this Section may be departed from only by an agreement:

(1) 

which is entered into after the dispute has arisen;

(2) 

which allows the consumer to bring proceedings in courts other than those indicated in this Section; or

(3) 

which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Member State, and which confers jurisdiction on the courts of that Member State, provided that such an agreement is not contrary to the law of that Member State.

SECTION 5

Jurisdiction over individual contracts of employment

Article 20

1.  
In matters relating to individual contracts of employment, jurisdiction shall be determined by this Section, without prejudice to Article 6, point 5 of Article 7 and, in the case of proceedings brought against an employer, point 1 of Article 8.
2.  
Where an employee enters into an individual contract of employment with an employer who is not domiciled in a Member State but has a branch, agency or other establishment in one of the Member States, the employer shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that Member State.

Article 21

1.  

An employer domiciled in a Member State may be sued:

(a) 

in the courts of the Member State in which he is domiciled; or

(b) 

in another Member State:

(i) 

in the courts for the place where or from where the employee habitually carries out his work or in the courts for the last place where he did so; or

(ii) 

if the employee does not or did not habitually carry out his work in any one country, in the courts for the place where the business which engaged the employee is or was situated.

2.  
An employer not domiciled in a Member State may be sued in a court of a Member State in accordance with point (b) of paragraph 1.

Article 22

1.  
An employer may bring proceedings only in the courts of the Member State in which the employee is domiciled.
2.  
The provisions of this Section shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending.

Article 23

The provisions of this Section may be departed from only by an agreement:

(1) 

which is entered into after the dispute has arisen; or

(2) 

which allows the employee to bring proceedings in courts other than those indicated in this Section.

SECTION 6

Exclusive jurisdiction

Article 24

The following courts of a Member State shall have exclusive jurisdiction, regardless of the domicile of the parties:

(1) 

in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the Member State in which the property is situated.

However, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the Member State in which the defendant is domiciled shall also have jurisdiction, provided that the tenant is a natural person and that the landlord and the tenant are domiciled in the same Member State;

(2) 

in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, or the validity of the decisions of their organs, the courts of the Member State in which the company, legal person or association has its seat. In order to determine that seat, the court shall apply its rules of private international law;

(3) 

in proceedings which have as their object the validity of entries in public registers, the courts of the Member State in which the register is kept;

(4) 

in proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, irrespective of whether the issue is raised by way of an action or as a defence, the courts of the Member State in which the deposit or registration has been applied for, has taken place or is under the terms of an instrument of the Union or an international convention deemed to have taken place.

Without prejudice to the jurisdiction of the European Patent Office under the Convention on the Grant of European Patents, signed at Munich on 5 October 1973, the courts of each Member State shall have exclusive jurisdiction in proceedings concerned with the registration or validity of any European patent granted for that Member State;

(5) 

in proceedings concerned with the enforcement of judgments, the courts of the Member State in which the judgment has been or is to be enforced.

SECTION 7

Prorogation of jurisdiction

Article 25

1.  

If the parties, regardless of their domicile, have agreed that a court or the courts of a Member State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall have jurisdiction, unless the agreement is null and void as to its substantive validity under the law of that Member State. Such jurisdiction shall be exclusive unless the parties have agreed otherwise. The agreement conferring jurisdiction shall be either:

(a) 

in writing or evidenced in writing;

(b) 

in a form which accords with practices which the parties have established between themselves; or

(c) 

in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned.

2.  
Any communication by electronic means which provides a durable record of the agreement shall be equivalent to ‘writing’.
3.  
The court or courts of a Member State on which a trust instrument has conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between those persons or their rights or obligations under the trust are involved.
4.  
Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to Articles 15, 19 or 23, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article 24.
5.  
An agreement conferring jurisdiction which forms part of a contract shall be treated as an agreement independent of the other terms of the contract.

The validity of the agreement conferring jurisdiction cannot be contested solely on the ground that the contract is not valid.

Article 26

1.  
Apart from jurisdiction derived from other provisions of this Regulation, a court of a Member State before which a defendant enters an appearance shall have jurisdiction. This rule shall not apply where appearance was entered to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of Article 24.
2.  
In matters referred to in Sections 3, 4 or 5 where the policyholder, the insured, a beneficiary of the insurance contract, the injured party, the consumer or the employee is the defendant, the court shall, before assuming jurisdiction under paragraph 1, ensure that the defendant is informed of his right to contest the jurisdiction of the court and of the consequences of entering or not entering an appearance.

SECTION 8

Examination as to jurisdiction and admissibility

Article 27

Where a court of a Member State is seised of a claim which is principally concerned with a matter over which the courts of another Member State have exclusive jurisdiction by virtue of Article 24, it shall declare of its own motion that it has no jurisdiction.

Article 28

1.  
Where a defendant domiciled in one Member State is sued in a court of another Member State and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of this Regulation.
2.  
The court shall stay the proceedings so long as it is not shown that the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence, or that all necessary steps have been taken to this end.
3.  
Article 19 of Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) ( 15 ) shall apply instead of paragraph 2 of this Article if the document instituting the proceedings or an equivalent document had to be transmitted from one Member State to another pursuant to that Regulation.
4.  
Where Regulation (EC) No 1393/2007 is not applicable, Article 15 of the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters shall apply if the document instituting the proceedings or an equivalent document had to be transmitted abroad pursuant to that Convention.

SECTION 9

Lis pendens — related actions

Article 29

1.  
Without prejudice to Article 31(2), where proceedings involving the same cause of action and between the same parties are brought in the courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.
2.  
In cases referred to in paragraph 1, upon request by a court seised of the dispute, any other court seised shall without delay inform the former court of the date when it was seised in accordance with Article 32.
3.  
Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court.

Article 30

1.  
Where related actions are pending in the courts of different Member States, any court other than the court first seised may stay its proceedings.
2.  
Where the action in the court first seised is pending at first instance, any other court may also, on the application of one of the parties, decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof.
3.  
For the purposes of this Article, actions are deemed to be related where they are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings.

Article 31

1.  
Where actions come within the exclusive jurisdiction of several courts, any court other than the court first seised shall decline jurisdiction in favour of that court.
2.  
Without prejudice to Article 26, where a court of a Member State on which an agreement as referred to in Article 25 confers exclusive jurisdiction is seised, any court of another Member State shall stay the proceedings until such time as the court seised on the basis of the agreement declares that it has no jurisdiction under the agreement.
3.  
Where the court designated in the agreement has established jurisdiction in accordance with the agreement, any court of another Member State shall decline jurisdiction in favour of that court.
4.  
Paragraphs 2 and 3 shall not apply to matters referred to in Sections 3, 4 or 5 where the policyholder, the insured, a beneficiary of the insurance contract, the injured party, the consumer or the employee is the claimant and the agreement is not valid under a provision contained within those Sections.

Article 32

1.  

For the purposes of this Section, a court shall be deemed to be seised:

(a) 

at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the claimant has not subsequently failed to take the steps he was required to take to have service effected on the defendant; or

(b) 

if the document has to be served before being lodged with the court, at the time when it is received by the authority responsible for service, provided that the claimant has not subsequently failed to take the steps he was required to take to have the document lodged with the court.

The authority responsible for service referred to in point (b) shall be the first authority receiving the documents to be served.

2.  
The court, or the authority responsible for service, referred to in paragraph 1, shall note, respectively, the date of the lodging of the document instituting the proceedings or the equivalent document, or the date of receipt of the documents to be served.

Article 33

1.  

Where jurisdiction is based on Article 4 or on Articles 7, 8 or 9 and proceedings are pending before a court of a third State at the time when a court in a Member State is seised of an action involving the same cause of action and between the same parties as the proceedings in the court of the third State, the court of the Member State may stay the proceedings if:

(a) 

it is expected that the court of the third State will give a judgment capable of recognition and, where applicable, of enforcement in that Member State; and

(b) 

the court of the Member State is satisfied that a stay is necessary for the proper administration of justice.

2.  

The court of the Member State may continue the proceedings at any time if:

(a) 

the proceedings in the court of the third State are themselves stayed or discontinued;

(b) 

it appears to the court of the Member State that the proceedings in the court of the third State are unlikely to be concluded within a reasonable time; or

(c) 

the continuation of the proceedings is required for the proper administration of justice.

3.  
The court of the Member State shall dismiss the proceedings if the proceedings in the court of the third State are concluded and have resulted in a judgment capable of recognition and, where applicable, of enforcement in that Member State.
4.  
The court of the Member State shall apply this Article on the application of one of the parties or, where possible under national law, of its own motion.

Article 34

1.  

Where jurisdiction is based on Article 4 or on Articles 7, 8 or 9 and an action is pending before a court of a third State at the time when a court in a Member State is seised of an action which is related to the action in the court of the third State, the court of the Member State may stay the proceedings if:

(a) 

it is expedient to hear and determine the related actions together to avoid the risk of irreconcilable judgments resulting from separate proceedings;

(b) 

it is expected that the court of the third State will give a judgment capable of recognition and, where applicable, of enforcement in that Member State; and

(c) 

the court of the Member State is satisfied that a stay is necessary for the proper administration of justice.

2.  

The court of the Member State may continue the proceedings at any time if:

(a) 

it appears to the court of the Member State that there is no longer a risk of irreconcilable judgments;

(b) 

the proceedings in the court of the third State are themselves stayed or discontinued;

(c) 

it appears to the court of the Member State that the proceedings in the court of the third State are unlikely to be concluded within a reasonable time; or

(d) 

the continuation of the proceedings is required for the proper administration of justice.

3.  
The court of the Member State may dismiss the proceedings if the proceedings in the court of the third State are concluded and have resulted in a judgment capable of recognition and, where applicable, of enforcement in that Member State.
4.  
The court of the Member State shall apply this Article on the application of one of the parties or, where possible under national law, of its own motion.

SECTION 10

Provisional, including protective, measures

Article 35

Application may be made to the courts of a Member State for such provisional, including protective, measures as may be available under the law of that Member State, even if the courts of another Member State have jurisdiction as to the substance of the matter.

CHAPTER III

RECOGNITION AND ENFORCEMENT

SECTION 1

Recognition

Article 36

1.  
A judgment given in a Member State shall be recognised in the other Member States without any special procedure being required.
2.  
Any interested party may, in accordance with the procedure provided for in Subsection 2 of Section 3, apply for a decision that there are no grounds for refusal of recognition as referred to in Article 45.
3.  
If the outcome of proceedings in a court of a Member State depends on the determination of an incidental question of refusal of recognition, that court shall have jurisdiction over that question.

Article 37

1.  

A party who wishes to invoke in a Member State a judgment given in another Member State shall produce:

(a) 

a copy of the judgment which satisfies the conditions necessary to establish its authenticity; and

(b) 

the certificate issued pursuant to Article 53.

2.  
The court or authority before which a judgment given in another Member State is invoked may, where necessary, require the party invoking it to provide, in accordance with Article 57, a translation or a transliteration of the contents of the certificate referred to in point (b) of paragraph 1. The court or authority may require the party to provide a translation of the judgment instead of a translation of the contents of the certificate if it is unable to proceed without such a translation.

Article 38

The court or authority before which a judgment given in another Member State is invoked may suspend the proceedings, in whole or in part, if:

(a) 

the judgment is challenged in the Member State of origin; or

(b) 

an application has been submitted for a decision that there are no grounds for refusal of recognition as referred to in Article 45 or for a decision that the recognition is to be refused on the basis of one of those grounds.

SECTION 2

Enforcement

Article 39

A judgment given in a Member State which is enforceable in that Member State shall be enforceable in the other Member States without any declaration of enforceability being required.

Article 40

An enforceable judgment shall carry with it by operation of law the power to proceed to any protective measures which exist under the law of the Member State addressed.

Article 41

1.  
Subject to the provisions of this Section, the procedure for the enforcement of judgments given in another Member State shall be governed by the law of the Member State addressed. A judgment given in a Member State which is enforceable in the Member State addressed shall be enforced there under the same conditions as a judgment given in the Member State addressed.
2.  
Notwithstanding paragraph 1, the grounds for refusal or of suspension of enforcement under the law of the Member State addressed shall apply in so far as they are not incompatible with the grounds referred to in Article 45.
3.  
The party seeking the enforcement of a judgment given in another Member State shall not be required to have a postal address in the Member State addressed. Nor shall that party be required to have an authorised representative in the Member State addressed unless such a representative is mandatory irrespective of the nationality or the domicile of the parties.

Article 42

1.  

For the purposes of enforcement in a Member State of a judgment given in another Member State, the applicant shall provide the competent enforcement authority with:

(a) 

a copy of the judgment which satisfies the conditions necessary to establish its authenticity; and

(b) 

the certificate issued pursuant to Article 53, certifying that the judgment is enforceable and containing an extract of the judgment as well as, where appropriate, relevant information on the recoverable costs of the proceedings and the calculation of interest.

2.  

For the purposes of enforcement in a Member State of a judgment given in another Member State ordering a provisional, including a protective, measure, the applicant shall provide the competent enforcement authority with:

(a) 

a copy of the judgment which satisfies the conditions necessary to establish its authenticity;

(b) 

the certificate issued pursuant to Article 53, containing a description of the measure and certifying that:

(i) 

the court has jurisdiction as to the substance of the matter;

(ii) 

the judgment is enforceable in the Member State of origin; and

(c) 

where the measure was ordered without the defendant being summoned to appear, proof of service of the judgment.

3.  
The competent enforcement authority may, where necessary, require the applicant to provide, in accordance with Article 57, a translation or a transliteration of the contents of the certificate.
4.  
The competent enforcement authority may require the applicant to provide a translation of the judgment only if it is unable to proceed without such a translation.

Article 43

1.  
Where enforcement is sought of a judgment given in another Member State, the certificate issued pursuant to Article 53 shall be served on the person against whom the enforcement is sought prior to the first enforcement measure. The certificate shall be accompanied by the judgment, if not already served on that person.
2.  

Where the person against whom enforcement is sought is domiciled in a Member State other than the Member State of origin, he may request a translation of the judgment in order to contest the enforcement if the judgment is not written in or accompanied by a translation into either of the following languages:

(a) 

a language which he understands; or

(b) 

the official language of the Member State in which he is domiciled or, where there are several official languages in that Member State, the official language or one of the official languages of the place where he is domiciled.

Where a translation of the judgment is requested under the first subparagraph, no measures of enforcement may be taken other than protective measures until that translation has been provided to the person against whom enforcement is sought.

This paragraph shall not apply if the judgment has already been served on the person against whom enforcement is sought in one of the languages referred to in the first subparagraph or is accompanied by a translation into one of those languages.

3.  
This Article shall not apply to the enforcement of a protective measure in a judgment or where the person seeking enforcement proceeds to protective measures in accordance with Article 40.

Article 44

1.