Einde inhoudsopgave
Convention on jurisdiction and the enforcement of judgments in civil and commercial matters
Article 5
Geldend
Geldend vanaf 01-02-1991
- Redactionele toelichting
Zie voor de partijgegevens van deze wijziging het Verdrag van 26-05-1989, Trb. 1989, 142.
- Bronpublicatie:
26-05-1989, Trb. 1989, 142 (uitgifte: 31-10-1989, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-02-1991
- Bronpublicatie inwerkingtreding:
28-01-1991, Trb. 1991, 15 (uitgifte: 01-01-1991, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal privaatrecht / Internationaal bevoegdheidsrecht
Internationaal privaatrecht / Internationaal erkennings- en executierecht
A person domiciled in a Contracting State may, in another Contracting State, be sued:
- 1.
in matters relating to a contract, in the courts for the place of performance of the obligation in question; in matters relating to individual contracts of employment, this place is that where the employee habitually carries out his work, or if the employee does not habitually carry out his work in any one country, the employer may also be sued in the courts for the place where the business which engaged the employee was or is now situated;
- 2.
in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which, according to its own law, has jurisdiction to entertain those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties;
- 3.
in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred;
- 4.
as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seized of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings;
- 5.
as regards a dispute arising out of the operations of a branch, agency or other establishment in the courts of the place in which the branch, agency or other establishment is situated.
- 6.
in his capacity as 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 Contracting State in which the trust is domiciled;
- 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
- (a)
has been arrested to secure such payment, or
- (b)
could have been arrested, but bail or other security has been given;
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.