Article 25

Geldend

Documentgegevens:

Geldend vanaf 11-06-1976

Bronpublicatie:: 16-05-1972, Trb. 1973, 43 (uitgifte: 04-04-1973, kamerstukken/regelingnummer: -)
Inwerkingtreding: 11-06-1976
Bronpublicatie inwerkingtreding:: 19-03-1985, Trb. 1985, 38 (uitgifte: 01-01-1985, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal privaatrecht / Internationaal erkennings- en executierecht
Staatsrecht / Staatsinrichting
Internationaal publiekrecht / Fundamentele rechten van staten

1.

Any Contracting State which has made a declaration under Article 24 shall, in cases not falling within Articles 1 to 13, give effect to a judgment given by a court of another Contracting State which has made a like declaration:

(a): if the conditions prescribed in paragraph 1 (b) of Article 20 have been fulfilled; and
(b): if the court is considered to have jurisdiction in accordance with the following paragraphs.

2.

However, the Contracting State is not obliged to give effect to such a judgment:

(a): if there is a ground for refusal as provided for in paragraph 2 of Article 20; or
(b): if the provisions of paragraph 2 of Article 24 have not been observed.

3.

Subject to the provisions of paragraph 4, a court of a Contracting State shall be considered to have jurisdiction for the purpose of paragraph 1 (b):

(a): if its jurisdiction is recognised in accordance with the provisions of an agreement to which the State of the forum and the other Contracting State are Parties;
(b): where there is no agreement between the two States concerning the recognition and enforcement of judgments in civil matters, if the courts of the State of the forum would have been entitled to assume jurisdiction had they applied, mutatis mutandis, the rules of jurisdiction (other than those mentioned in the Annex to the present Convention) which operate in the State against which the judgment was given. This provision does not apply to questions arising out of contracts.

4.

The Contracting States having made the declaration provided for in Article 24 may, by means of a supplementary agreement to this Convention, determine the circumstances in which their courts shall be considered to have jurisdiction for the purposes of paragraph 1 (b) of this Article.

5.

If the Contracting State does not give effect to the judgment, the procedure provided for in Article 21 may be used.