The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1990

Section 1 General provisions

Article 2

Subject to the provisions of this Convention, persons domiciled in a Contracting State shall, whatever their nationality, be sued in the courts of that State.

Persons who are not nationals of the State in which they are domiciled shall be governed by the rules of jurisdiction applicable to nationals of that State.

Article 3

Persons domiciled in a Contracting State may be sued in the courts of another Contracting State only by virtue of the rules set out in Sections 2 to 6 of this Title.

In particular the following provisions shall not be applicable as against them—

• in Belgium: Article 15 of the civil code (Code civil — Burgerlijk Wetboek) and Article 638 of the judicial code (Code judiciaire — Gerechtelijk Wetboek),

• in Denmark: Article 246(2) and (3) of the law on civil procedure (Lov om rettens pleje),

• in the Federal Republic of Germany: Article 23 of the code of civil procedure (Zivilprozessordnung),

• in Greece, Article 40 of the code of civil procedure (KώδιΧας ΠολιτιΧής ΔιΧονομϊας),

• in France: Articles 14 and 15 of the civil code (Code civil),

• in Ireland: the rules which enable jurisdiction to be founded on the document instituting the proceedings having been served on the defendant during his temporary presence in Ireland,

• in Italy: Articles 2 and 4, nos 1 and 2 of the code of civil procedure (Codice di procedura civile),

• in Luxembourg: Articles 14 and 15 of the civil code (Code civil),

• in the Netherlands: Articles 126(3) and 127 of the code of civil procedure (Wetboek van Burgerlijke Rechtsvordering),

• in Portugal: Article 65(1)(c), article 65(2) and Article 65A(c) of the code of civil procedure (Código de Processo Civil) and Article 11 of the code of labour procedure (Código de Processo de Trabalho),

• in the United Kingdom: the rules which enable jurisdiction to be founded on:

  (a)

  the document instituting the proceedings having been served on the defendant during his temporary presence in the United kingdom; or

  (b)

  the presence within the United Kingdom of property belonging to the defendant; or

  (c)

  the seizure by the plaintiff of property situated in the United Kingdom.

Article 4

If the defendant is not domiciled in a Contracting State, the jurisdiction of the courts of each Contracting State shall, subject to the provisions of Article 16, be determined by the law of that State.

As against such a defendant, any person domiciled in a Contracting State may, whatever his nationality, avail himself in that State of the rules of jurisdiction there in force, and in particular those specified in the second paragraph of Article 3, in the same way as the nationals of that State.