Luganokonventionen

The Lugano Convention, officially known as the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, is an international treaty aimed at simplifying cross-border legal proceedings within the European legal space. Signed in Lugano, Switzerland, on October 16, 1988, it entered into force on April 1, 1995, and has since been amended to reflect changes in the European Union’s legal framework.

The convention applies to civil and commercial matters between the European Union (EU) member states, Norway, Iceland, and Switzerland. It establishes rules for determining which country’s courts have jurisdiction over a case, as well as procedures for recognizing and enforcing judgments issued by courts in these jurisdictions. This helps reduce legal uncertainty and procedural barriers for parties involved in cross-border disputes.

Key provisions include the establishment of uniform rules on jurisdiction, such as the principle that a defendant’s domicile determines the competent court, with exceptions for special cases like contracts or torts. The convention also ensures that judgments from one participating country are automatically recognized and enforced in others, provided they meet certain criteria, such as finality and compliance with fundamental legal principles.

The Lugano Convention was initially modeled after the Brussels I Regulation, which governs similar matters within the EU. However, it was adapted to include non-EU states, particularly Norway, Iceland, and Switzerland, which are part of the European Economic Area (EEA) or have close legal ties with the EU. The convention has been updated multiple times, most notably in 2007 to align with the Brussels I Regulation’s amendments, ensuring continued relevance in an evolving legal landscape.

While the Lugano Convention remains in effect, its long-term future is tied to the EU’s broader legal integration efforts. Some non-EU signatories, such as Norway and Iceland, have expressed interest in aligning more closely with EU regulations, potentially leading to future revisions or replacements of the convention. For now, it remains a critical tool for facilitating legal cooperation and consistency across its participating states.