identifier: ETS No. 073

openingPlace: Strasbourg

reference: ETS No. 073

title: European Convention on the Transfer of Proceedings in Criminal Matters

text: European Treaty Series - No. 73

text: European Convention on the Transfer of Proceedings in Criminal Matters

text: Strasbourg, 15.V.1972

text: The member States of the Council of Europe, signatory hereto, Considering that the aim of the Council of Europe is the achievement of greater unity between its members; Desiring to supplement the work which they have already accomplished in the field of criminal law with a view to arriving at more just and efficient sanctions; Considering it useful to this end to ensure, in a spirit of mutual confidence, the organisation of criminal proceedings on the international level, in particular, by avoiding the disadvantages resulting from conflicts of competence, Have agreed as follows:

text: Part I – Definitions

text: For the purposes of this Convention: a "offence" comprises acts dealt with under the criminal law and those dealt with under the legal provisions listed in Appendix III to this Convention on condition that where an administrative authority is competent to deal with the offence it must be possible for the person concerned to have the case tried by a court; b "sanction" means any punishment or other measure incurred or pronounced in respect of an offence or in respect of a violation of the legal provisions listed in Appendix III.

text: Article 1

text: Part II – Competence

text: For the purposes of applying this Convention, any Contracting State shall have competence to prosecute under its own criminal law any offence to which the law of another Contracting State is applicable. 2 The competence conferred on a Contracting State exclusively by virtue of paragraph 1 of this article may be exercised only pursuant to a request for proceedings presented by another Contracting State.

text: ETS 73 – Criminal Proceedings, 15.V.1972 __________________________________________________________________________________

text: Article 2

text: Any Contracting State having competence under its own law to prosecute an offence may, for the purposes of applying this Convention, waive or desist from proceedings against a suspected person who is being or will be prosecuted for the same offence by another Contracting State. Having regard to

text: Article 21

text: , paragraph 2, any such decision to waive or to desist from proceedings shall be provisional pending a final decision in the other Contracting State.

text: Article 3

text: The requested State shall discontinue proceedings exclusively grounded on

text: Article 2

text: when to its knowledge the right of punishment is extinguished under the law of the requesting State for a reason other than time-limitation, to which

text: Articles 10

text: .c, 11.f and g, 22, 23 and 26 in particular apply.

text: Article 4

text: The provisions of Part III of this Convention do not limit the competence given to a requested State by its municipal law in regard to prosecutions.

text: Article 5

text: Part III – Transfer of proceedings

text: Section 1 – Request for proceedings

text: When a person is suspected of having committed an offence under the law of a Contracting State, that State may request another Contracting State to take proceedings in the cases and under the conditions provided for in this Convention.

text: If under the provisions of this Convention a Contracting State may request another Contracting State to take proceedings, the competent authorities of the first State shall take that possibility into consideration.

text: Article 6

text: Proceedings may not be taken in the requested State unless the offence in respect of which the proceedings are requested would be an offence if committed in its territory and when, under these circumstances, the offender would be liable to sanction under its own law also.

text: If the offence was committed by a person of public status or against a person, an institution or any thing of public status in the requesting State, it shall be considered in the requested State as having been committed by a person of public status or against such a person, an institution or any thing corresponding, in the latter State, to that against which it was actually committed.

text: Article 7

text: if the suspected person is ordinarily resident in the requested State;

text: if the suspected person is a national of the requested State or if that State is his State of origin;

text: if the suspected person is undergoing or is to undergo a sentence involving deprivation of liberty in the requested State;

text: if proceedings for the same or other offences are being taken against the suspected person in the requested State;

text: if it considers that transfer of the proceedings is warranted in the interests of arriving at the truth and in particular that the most important items of evidence are located in the requested State;

text: if it considers that the enforcement in the requested State of a sentence if one were passed is likely to improve the prospects for the social rehabilitation of the person sentenced;

text: if it considers that the presence of the suspected person cannot be ensured at the hearing of proceedings in the requesting State and that his presence in person at the hearing of proceedings in the requested State can be ensured;

ordinal: h

text: if it considers that it could not itself enforce a sentence if one were passed, even by having recourse to extradition, and that the requested State could do so;

text: A Contracting State may request another Contracting State to take proceedings in any one or more of the following cases:

text: Where the suspected person has been finally sentenced in a Contracting State, that State may request the transfer of proceedings in one or more of the cases referred to in paragraph 1 of this article only if it cannot itself enforce the sentence, even by having recourse to extradition, and if the other Contracting State does not accept enforcement of a foreign judgment as a matter of principle or refuses to enforce such sentence.

text: Article 8

text: The competent authorities in the requested State shall examine the request for proceedings made in pursuance of the preceding articles. They shall decide, in accordance with their own law, what action to take thereon.

text: Where the law of the requested State provides for the punishment of the offence by an administrative authority, that State shall, as soon as possible, so inform the requesting State unless the requested State has made a declaration under paragraph 3 of this article.

text: Any Contracting State may at the time of signature, or when depositing its instrument of ratification, acceptance or accession, or at any later date indicate, by declaration addressed to the Secretary General of the Council of Europe, the conditions under which its domestic law permits the punishment of certain offences by an administrative authority. Such a declaration shall replace the notification envisaged in paragraph 2 of this article.

text: Article 9

text: The requested State shall not take action on the request:

text: if the request does not comply with the provisions of

text: Articles 6

text: , paragraph 1, and 7, paragraph 1;

text: if the institution of proceedings is contrary to the provisions of

text: Article 35

text: if, at the date on the request, the time-limit for criminal proceedings has already expired in the requesting State under the legislation of that State.

text: Article 10

text: Save as provided for in

text: Article 10

text: the requested State may not refuse acceptance of the request in whole or in part, except in any one or more of the following cases: a if it considers that the grounds on which the request is based under

text: Article 8

text: are not justified; b if the suspected person is not ordinarily resident in the requested State; c if the suspected person is not a national of the requested State and was not ordinarily resident in the territory of that State at the time of the offence; d if it considers that the offence for which proceedings are requested is an offence of a political nature or a purely military or fiscal one; e if it considers that there are substantial grounds for believing that the request for proceedings was motivated by considerations of race, religion, nationality or political opinion; f if its own law is already applicable to the offence and if at the time of the receipt of the request proceedings were precluded by lapse of time according to that law;

text: Article 26

text: , paragraph 2, shall not apply in such a case; g if its competence is exclusively grounded on

text: Article 2

text: and if at the time of the receipt of the request proceedings would be precluded by lapse of time according to its law, the prolongation of the time-limit by six months under the terms of

text: Article 23

text: being taken into consideration; h if the offence was committed outside the territory of the requesting State; i if proceedings would be contrary to the international undertakings of the requested State; j if proceedings would be contrary to the fundamental principles of the legal system of the requested State; k if the requesting State has violated a rule of procedure laid down in this Convention.

text: Article 11

text: The requested State shall withdraw its acceptance of the request if, subsequent to this acceptance, a ground mentioned in

text: Article 10

text: of this Convention for not taking action on the request becomes apparent. 2 The requested State may withdraw its acceptance of the request: a if it becomes apparent that the presence in person of the suspected person cannot be ensured at the hearing of the proceedings in that State or that any sentence, which might be passed, could not be enforced in that State; b if one of the grounds for refusal mentioned in

text: Article 11

text: becomes apparent before the case is brought before a court; or c in other cases, if the requesting State agrees.

text: Article 12

text: Section 2 – Transfer procedure

text: All requests specified in this Convention shall be made in writing. They, and all communications necessary for the application of this Convention, shall be sent either by the Ministry of Justice of the requesting State to the Ministry of Justice of the requested State or, by virtue of special mutual arrangements, direct by the authorities of the requesting State to those of the requested State; they shall be returned by the same channel.

text: In urgent cases, requests and communications may be sent through the International Criminal Police Organisation (Interpol).

text: Any Contracting State may, by declaration addressed to the Secretary General of the Council of Europe, give notice of its intention to adopt in so far as it itself is concerned rules of transmission other than those laid down in paragraph 1 of this article.

text: Article 13

text: If a Contracting State considers that the information supplied by another Contracting State is not adequate to enable it to apply this Convention, it shall ask for the necessary additional information. It may prescribe a date for the receipt of such information.

text: Article 14

text: A request for proceedings shall be accompanied by the original, or a certified copy, of the criminal file and all other necessary documents. However, if the suspected person is remanded in custody in accordance with the provisions of Section 5 and if the requesting State is unable to transmit these documents at the same time as the request for proceedings, the documents may be sent subsequently.

text: The requesting State shall also inform the requested State in writing of any procedural acts performed or measures taken in the requesting State after the transmission of the request which have a bearing on the proceedings. This communication shall be accompanied by any relevant documents.

text: Article 15

text: The requested State shall promptly communicate its decision on the request for proceedings to the requesting State.

text: The requested State shall also inform the requesting State of a waiver of proceedings or of the decision taken as a result of proceedings. A certified copy of any written decision shall be transmitted to the requesting State.

text: Article 16

text: If the competence of the requested State is exclusively grounded on

text: Article 2

text: that State shall inform the suspected person of the request for proceedings with a view to allowing him to present his views on the matter before that State has taken a decision on the request.

text: Article 17

text: Subject to paragraph 2 of this article, no translation of the documents relating to the application of this Convention shall be required.

text: Any Contracting State may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, by declaration addressed to the Secretary General of the Council of Europe, reserve the right to require that, with the exception of the copy of the written decision referred to in

text: Article 16

text: , paragraph 2, the said documents be accompanied by a translation. The other Contracting States shall send the translations in either the national language of the receiving State or such one of the official languages of the Council of Europe as the receiving State shall indicate. However, such an indication is not obligatory. The other Contracting States may claim reciprocity.

text: This article shall be without prejudice to any provisions concerning translation of requests and supporting documents that may be contained in agreements or arrangements now in force or that may be concluded between two or more Contracting States.

text: Article 18

text: Documents transmitted in application of this Convention need not be authenticated.

text: Article 19

text: Contracting Parties shall not claim from each other the refund of any expenses resulting from the application of this Convention.

text: Article 20

text: Section 3 – Effects in the requesting State of a request for proceedings

text: When the requesting State has requested proceedings, it can no longer prosecute the suspected person for the offence in respect of which the proceedings have been requested or enforce a judgment which has been pronounced previously in that State against him for that offence. Until the requested State's decision on the request for proceedings has been received, the requesting State shall, however, retain its right to take all steps in respect of prosecution, short of bringing the case to trial, or, as the case may be, allowing the competent administrative authority to decide on the case.

text: if the requested State informs it of a decision in accordance with

text: Article 10

text: not to take action on the request;

text: Article 11

text: to refuse acceptance of the request;

text: Article 12

text: to withdraw acceptance of the request;

text: if the requested State informs it of a decision not to institute proceedings or discontinue them;

text: if it withdraws its request before the requested State has informed it of a decision to take action on the request.

text: The right of prosecution and of enforcement shall revert to the requesting State:

text: Article 21

text: A request for proceedings, made in accordance with the provisions of this Part, shall have the effect in the requesting State of prolonging the time-limit for proceedings by six months.

text: Article 22

text: Section 4 – Effects in the requested State of a request for proceedings

text: Article 2

text: the time-limit for proceedings in that State shall be prolonged by six months.

text: Article 23

text: If proceedings are dependent on a complaint in both States the complaint brought in the requesting State shall have equal validity with that brought in the requested State.

text: If a complaint is necessary only in the requested State, that State may take proceedings even in the absence of a complaint if the person who is empowered to bring the complaint has not objected within a period of one month from the date of receipt by him of notice from the competent authority informing him of his right to object.

text: Article 24

text: In the requested State the sanction applicable to the offence shall be that prescribed by its own law unless that law provides otherwise. Where the competence of the requested State is exclusively grounded on

text: Article 2

text: , the sanction pronounced in that State shall not be more severe than that provided for in the law of the requesting State.

text: Article 25

text: Any act with a view to proceedings, taken in the requesting State in accordance with its law and regulations, shall have the same validity in the requested State as if it had been taken by the authorities of that State, provided that assimilation does not give such act a greater evidential weight than it has in the requesting State.

text: Any act which interrupts time-limitation and which has been validly performed in the requesting State shall have the same effects in the requested State and vice versa.

text: Article 26

text: Section 5 – Provisional measures in the requested State

text: if the law of the requested State authorises remand in custody for the offence, and

text: if there are reasons to fear that the suspected person will abscond or that he will cause evidence to be suppressed.

text: When the requesting State announces its intention to transmit a request for proceedings, and if the competence of the requested State would be exclusively grounded on

text: Article 2

text: , the requested State may, on application by the requesting State and by virtue of this Convention, provisionally arrest the suspected person:

text: The application for provisional arrest shall state that there exists a warrant of arrest or other order having the same effect, issued in accordance with the procedure laid down in the law of the requesting State; it shall also state for what offence proceedings will be requested and when and where such offence was committed and it shall contain as accurate a description of the suspected person as possible. It shall also contain a brief statement of the circumstances of the case.

text: An application for provisional arrest shall be sent direct by the authorities in the requesting State mentioned in

text: Article 13

text: to the corresponding authorities in the requested State, by post or telegram or by any other means affording evidence in writing or accepted by the requested State. The requesting State shall be informed without delay of the result of its application.

text: Article 27

text: Upon receipt of a request for proceedings accompanied by the documents referred to in

text: Article 15

text: , paragraph 1, the requested State shall have jurisdiction to apply all such provisional measures, including remand in custody of the suspected person and seizure of property, as could be applied under its own law if the offence in respect of which proceedings are requested had been committed in its territory.

text: Article 28

text: The provisional measures provided in

text: Articles 27

text: and 28 shall be governed by the provisions of this Convention and the law of the requested State. The law of that State, or the Convention shall also determine the conditions on which the measures may lapse.

text: These measures shall lapse in the cases referred to in

text: Article 21

text: , paragraph 2.

text: A person in custody shall in any event be released if he is arrested in pursuance of

text: Article 27

text: and the requested State does not receive the request for proceedings within 18 days from the date of the arrest.

text: Article 27

text: and the documents which should accompany the request for proceedings have not been received by the requested State within 15 days from the receipt of the request for proceedings.

text: The period of custody applied exclusively by virtue of

text: Article 27

text: shall not in any event exceed 40 days.

text: Article 29

text: Part IV – Plurality of criminal proceedings

text: Any Contracting State which, before the institution or in the course of proceedings for an offence which it considers to be neither of a political nature nor a purely military one, is aware of proceedings pending in another Contracting State against the same person in respect of the same offence shall consider whether it can either waive or suspend its own proceedings, or transfer them to the other State.

text: If it deems it advisable in the circumstances not to waive or suspend its own proceedings it shall so notify the other State in good time and in any event before judgment is given on the merits.

text: Article 30

text: In the eventuality referred to in

text: Article 30

text: , paragraph 2, the States concerned shall endeavour as far as possible to determine, after evaluation in each of the circumstances mentioned in

text: Article 8

text: , which of them alone shall continue to conduct proceedings. During this consultative procedure the States concerned shall postpone judgment on the merits without however being obliged to prolong such postponement beyond a period of 30 days as from the despatch of the notification provided for in

text: Article 30

text: , paragraph 2.

text: on the State despatching the notification provided for in

text: Article 30

text: , paragraph 2, if the main trial has been declared open there in the presence of the accused before despatch of the notification; b on the State to which the notification is addressed, if the main trial has been declared open there in the presence of the accused before receipt of the notification.

text: The provisions of paragraph 1 shall not be binding:

text: Article 31

text: In the interests of arriving at the truth and with a view to the application of an appropriate sanction, the States concerned shall examine whether it is expedient that one of them alone shall conduct proceedings and, if so, endeavour to determine which one, when: a several offences which are materially distinct and which fall under the criminal law of each of those States are ascribed either to a single person or to several persons having acted in unison; b a single offence which falls under the criminal law of each of those States is ascribed to several persons having acted in unison.

text: Article 32

text: All decisions reached in accordance with

text: Articles 31

text: , paragraph 1, and 32 shall entail, as between the States concerned, all the consequences of a transfer of proceedings as provided for in this Convention. The State which waives its own proceedings shall be deemed to have transferred them to the other State.

text: Article 33

text: The transfer procedure provided for in Section 2 of Part III shall apply in so far as its provisions are compatible with those contained in the present Part.

text: Article 34

text: Part V – Ne bis in idem

text: A person in respect of whom a final and enforceable criminal judgment has been rendered may for the same act neither be prosecuted nor sentenced nor subjected to enforcement of a sanction in another Contracting State: a if he was acquitted; b if the sanction imposed: i has been completely enforced or is being enforced, or ii has been wholly, or with respect to the part not enforced, the subject of a pardon or an amnesty, or iii can no longer be enforced because of lapse of time; c if the court convicted the offender without imposing a sanction.

text: Nevertheless, a Contracting State shall not, unless it has itself requested the proceedings, be obliged to recognise the effect of ne bis in idem if the act which gave rise to the judgment was directed against either a person or an institution or any thing having public status in that State, or if the subject of the judgment had himself a public status in that State.

text: Furthermore, a Contracting State where the act was committed or considered as such according to the law of that State shall not be obliged to recognise the effect of ne bis in idem unless that State has itself requested the proceedings.

text: Article 35

text: If new proceedings are instituted against a person who in another Contracting State has been sentenced for the same act, then any period of deprivation of liberty arising from the sentence enforced shall be deducted from the sanction which may be imposed.

text: Article 36

text: This Part shall not prevent the application of wider domestic provisions relating to the effect of ne bis in idem attached to foreign criminal judgments.

text: Article 37

text: Part VI – Final clauses

text: This Convention shall be open to signature by the member States of the Council of Europe. It shall be subject to ratification or acceptance. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.

text: This Convention shall enter into force three months after the date of the deposit of the third instrument of ratification or acceptance.

text: In respect of a signatory State ratifying or accepting subsequently, the Convention shall come into force three months after the date of the deposit of its instrument of ratification or acceptance.

text: Article 38

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State to accede thereto provided that the resolution containing such invitation received the unanimous agreement of the Members of the Council who have ratified the Convention.

text: Article 39

text: Any Contracting State may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, specify the territory or territories to which this Convention shall apply.

text: Any Contracting State may, when depositing its instrument of ratification, acceptance or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Convention to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings.

text: Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down in

text: Article 45

text: of this Convention.

text: Article 40

text: Any Contracting State may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, declare that it avails itself of one or more of the reservations provided for in Appendix I or make a declaration provided for in Appendix II to this Convention.

text: Any Contracting State may wholly or partly withdraw a reservation or declaration it has made in accordance with the foregoing paragraph by means of a declaration addressed to the Secretary General of the Council of Europe which shall become effective as from the date of its receipt.

text: A Contracting State which has made a reservation in respect of any provision of this Convention may not claim the application of that provision by any other Contracting State; it may, however, if its reservation is partial or conditional, claim the application of that provision in so far as it has itself accepted it.

text: Article 41

text: Any Contracting State may at any time, by declaration addressed to the Secretary General of the Council of Europe, set out the legal provisions to be included in Appendix III to this Convention.

text: Any change of the national provisions listed in Appendix III shall be notified to the Secretary General of the Council of Europe if such a change renders the information in this appendix incorrect.

text: Any changes made in Appendix III in application of the preceding paragraphs shall take effect in each Contracting State one month after the date of their notification by the Secretary General of the Council of Europe.

text: Article 42

text: This Convention affects neither the rights and the undertakings derived from extradition treaties and international multilateral conventions concerning special matters, nor provisions concerning matters which are dealt with in the present Convention and which are contained in other existing conventions between Contracting States.

text: The Contracting States may not conclude bilateral or multilateral agreements with one another on the matters dealt with in this Convention, except in order to supplement its provisions or facilitate application of the principles embodied in it.

text: Should two or more Contracting States, however, have already established their relations in this matter on the basis of uniform legislation, or instituted a special system of their own, or should they in future do so, they shall be entitled to regulate those relations accordingly, notwithstanding the terms of this Convention.

text: Contracting States ceasing to apply the terms of this Convention to their mutual relations in this matter in accordance with the provisions of the preceding paragraph shall notify the Secretary General of the Council of Europe to that effect.

text: Article 43

text: The European Committee on Crime Problems of the Council of Europe shall be kept informed regarding the application of this Convention and shall do whatever is needful to facilitate a friendly settlement of any difficulty which may arise out of its execution.

text: Article 44

text: This Convention shall remain in force indefinitely. 2 Any Contracting State may, in so far as it is concerned, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe. Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification.

text: Article 45

text: The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention of: a any signature; b any deposit of an instrument of ratification, acceptance or accession; c any date of entry into force of this Convention in accordance with

text: Article 38

text: thereof; d any declaration received in pursuance of the provisions of

text: Article 9

text: , paragraph 3; e any declaration received in pursuance of the provisions of

text: Article 13

text: , paragraph 3; f any declaration received in pursuance of the provisions of

text: Article 18

text: , paragraph 2; g any declaration received in pursuance of the provisions of

text: Article 40

text: , paragraphs 2 and 3; h any reservation or declaration made in pursuance of the provisions of

text: Article 41

text: , paragraph 1; i the withdrawal of any reservation or declaration carried out in pursuance of the provisions of

text: Article 41

text: , paragraph 2; j any declaration received in pursuance of

text: Article 42

text: , paragraph 1, and any subsequent notification received in pursuance of paragraph 2 of that article; k any notification received in pursuance of the provisions of

text: Article 43

text: , paragraph 4; l any notification received in pursuance of the provisions of

text: Article 45

text: Article 46

text: This Convention and the notifications and declarations authorised thereunder shall apply only to offences committed after the Convention comes into effect for the Contracting States involved.

text: In witness whereof, the undersigned, being duly authorised thereto, have signed this Convention.

text: Done at Strasbourg, this 15th day of May, 1972, in English and in French, both texts being equally authoritative, in a single copy, which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatory and acceding governments.

text: Article 47


doctype: treaty

identifier: ETS No. 074

openingPlace: Basel

publisher: Council of Europe Treaty Office

reference: ETS No. 074

title: European Convention on State Immunity

text: European Treaty Series - No. 74

type: stycke

text: European Convention on State Immunity

text: Basle, 16.V.1972

text: Preamble

text: The member States of the Council of Europe, signatory hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Taking into account the fact that there is in international law a tendency to restrict the cases in which a State may claim immunity before foreign courts; Desiring to establish in their mutual relations common rules relating to the scope of the immunity of one State from the jurisdiction of the courts of another State, and designed to ensure compliance with judgments given against another State; Considering that the adoption of such rules will tend to advance the work of harmonisation undertaken by the member States of the Council of Europe in the legal field, Have agreed as follows:

text: Chapter I – Immunity from jurisdiction

type: rubrik

text: A Contracting State which institutes or intervenes in proceedings before a court of another Contracting State submits, for the purpose of those proceedings, to the jurisdiction of the courts of that State. 2 Such a Contracting State cannot claim immunity from the jurisdiction of the courts of the other Contracting State in respect of any counterclaim: a arising out of the legal relationship or the facts on which the principal claim is based; b if, according to the provisions of this Convention, it would not have been entitled to invoke immunity in respect of that counterclaim had separate proceedings been brought against it in those courts. 3 A Contracting State which makes a counterclaim in proceedings before a court of another Contracting State submits to the jurisdiction of the courts of that State with respect not only to the counterclaim but also to the principal claim.

text: ETS 74 – State Immunity, 16.V.1972 __________________________________________________________________________________

text: Article 1

type: artikel

text: A Contracting State cannot claim immunity from the jurisdiction of a court of another Contracting State if it has undertaken to submit to the jurisdiction of that court either: a by international agreement; b by an express term contained in a contract in writing; or c by an express consent given after a dispute between the parties has arisen.

text: Article 2

text: A Contracting State cannot claim immunity from the jurisdiction of a court of another Contracting State if, before claiming immunity, it takes any step in the proceedings relating to the merits. However, if the State satisfies the Court that it could not have acquired knowledge of facts on which a claim to immunity can be based until after it has taken such a step, it can claim immunity based on these facts if it does so at the earliest possible moment. 2 A Contracting State is not deemed to have waived immunity if it appears before a court of another Contracting State in order to assert immunity.

text: Article 3

text: Subject to the provisions of

text: Article 5

text: , a Contracting State cannot claim immunity from the jurisdiction of the courts of another Contracting State if the proceedings relate to an obligation of the State, which, by virtue of a contract, falls to be discharged in the territory of the State of the forum. 2 Paragraph 1 shall not apply: a in the case of a contract concluded between States; b if the parties to the contract have otherwise agreed in writing; c if the State is party to a contract concluded on its territory and the obligation of the State is governed by its administrative law.

text: Article 4

text: A Contracting State cannot claim immunity from the jurisdiction of a court of another Contracting State if the proceedings relate to a contract of employment between the State and an individual where the work has to be performed on the territory of the State of the forum. 2 Paragraph 1 shall not apply where: a the individual is a national of the employing State at the time when the proceedings are brought; b at the time when the contract was entered into the individual was neither a national of the State of the forum nor habitually resident in that State; or c the parties to the contract have otherwise agreed in writing, unless, in accordance with the law of the State of the forum, the courts of that State have exclusive jurisdiction by reason of the subject-matter.

text: Where the work is done for an office, agency or other establishment referred to in

text: Article 7

text: , paragraphs 2.a and b of the present article apply only if, at the time the contract was entered into, the individual had his habitual residence in the Contracting State which employs him.

text: Article 5

text: A Contracting State cannot claim immunity from the jurisdiction of a court of another Contracting State if it participates with one or more private persons in a company, association or other legal entity having its seat, registered office or principal place of business on the territory of the State of the forum, and the proceedings concern the relationship, in matters arising out of that participation, between the State on the one hand and the entity or any other participant on the other hand.

text: Paragraph 1 shall not apply if it is otherwise agreed in writing.

text: Article 6

text: A Contracting State cannot claim immunity from the jurisdiction of a court of another Contracting State if it has on the territory of the State of the forum an office, agency or other establishment through which it engages, in the same manner as a private person, in an industrial, commercial or financial activity, and the proceedings relate to that activity of the office, agency or establishment.

text: Paragraph 1 shall not apply if all the parties to the dispute are States, or if the parties have otherwise agreed in writing.

text: Article 7

text: A Contracting State cannot claim immunity from the jurisdiction of a court of another Contracting State if the proceedings relate:

ordinal: a

text: to a patent, industrial design, trade-mark, service mark or other similar right which, in the State of the forum, has been applied for, registered or deposited or is otherwise protected, and in respect of which the State is the applicant or owner;

type: punkt

ordinal: b

text: to an alleged infringement by it, in the territory of the State of the forum, of such a right belonging to a third person and protected in that State;

ordinal: c

text: to an alleged infringement by it, in the territory of the State of the forum, of copyright belonging to a third person and protected in that State;

ordinal: d

text: to the right to use a trade name in the State of the forum.

text: Article 8

text: A Contracting State cannot claim immunity from the jurisdiction of a court of another Contracting State if the proceedings relate to:

text: its rights or interests in, or its use or possession of, immovable property; or

text: its obligations arising out of its rights or interests in, or use or possession of, immovable property

text: and the property is situated in the territory of the State of the forum.

text: Article 9

text: A Contracting State cannot claim immunity from the jurisdiction of a court of another Contracting State if the proceedings relate to a right in movable or immovable property arising by way of succession, gift or bona vacantia.

text: Article 10

text: A Contracting State cannot claim immunity from the jurisdiction of a court of another Contracting State in proceedings which relate to redress for injury to the person or damage to tangible property, if the facts which occasioned the injury or damage occurred in the territory of the State of the forum, and if the author of the injury or damage was present in that territory at the time when those facts occurred.

text: Article 11

text: the validity or interpretation of the arbitration agreement;

text: the arbitration procedure;

text: the setting aside of the award,

text: Where a Contracting State has agreed in writing to submit to arbitration a dispute which has arisen or may arise out of a civil or commercial matter, that State may not claim immunity from the jurisdiction of a court of another Contracting State on the territory or according to the law of which the arbitration has taken or will take place in respect of any proceedings relating to:

text: unless the arbitration agreement otherwises provides.

text: Paragraph 1 shall not apply to an arbitration agreement between States.

text: Article 12

text: Paragraph 1 of

text: Article 1

text: shall not apply where a Contracting State asserts, in proceedings pending before a court of another Contracting State to which it is not a party, that it has a right or interest in property which is the subject-matter of the proceedings, and the circumstances are such that it would have been entitled to immunity if the proceedings had been brought against it.

text: Article 13

text: Nothing in this Convention shall be interpreted as preventing a court of a Contracting State from administering or supervising or arranging for the administration of property, such as trust property or the estate of a bankrupt, solely on account of the fact that another Contracting State has a right or interest in the property.

text: Article 14

text: A Contracting State shall be entitled to immunity from the jurisdiction of the courts of another Contracting State if the proceedings do not fall within

text: Articles 1

text: to 14; the court shall decline to entertain such proceedings even if the State does not appear.

text: Article 15

text: Chapter II – Procedural rules

text: In proceedings against a Contracting State in a court of another Contracting State, the following rules shall apply.

text: The competent authorities of the State of the forum shall transmit

text: – the original or a copy of the document by which the proceedings are instituted;

text: – a copy of any judgment given by default against a State which was defendant in the proceedings,

text: through the diplomatic channel to the Ministry of Foreign Affairs of the defendant State, for onward transmission, where appropriate, to the competent authority. These documents shall be accompanied, if necessary, by a translation into the official language, or one of the official languages, of the defendant State.

text: Service of the documents referred to in paragraph 2 is deemed to have been effected by their receipt by the Ministry of Foreign Affairs.

text: The time-limits within which the State must enter an appearance or appeal against any judgment given by default shall begin to run two months after the date on which the document by which the proceedings were instituted or the copy of the judgment is received by the Ministry of Foreign Affairs.

text: If it rests with the court to prescribe the time-limits for entering an appearance or for appealing against a judgment given by default, the court shall allow the State not less than two months after the date on which the document by which the proceedings are instituted or the copy of the judgment is received by the Ministry of Foreign Affairs.

text: A Contracting State which appears in the proceedings is deemed to have waived any objection to the method of service.

text: If the Contracting State has not appeared, judgment by default may be given against it only if it is established that the document by which the proceedings were instituted has been transmitted in conformity with paragraph 2, and that the time-limits for entering an appearance provided for in paragraphs 4 and 5 have been observed.

text: Article 16

text: No security, bond or deposit, however described, which could not have been required in the State of the forum of a national of that State or a person domiciled or resident there, shall be required of a Contracting State to guarantee the payment of judicial costs or expenses. A State which is a claimant in the courts of another Contracting State shall pay any judicial costs or expenses for which it may become liable.

text: Article 17

text: A Contracting State party to proceedings before a court of another Contracting State may not be subjected to any measure of coercion, or any penalty, by reason of its failure or refusal to disclose any documents or other evidence. However the court may draw any conclusion it thinks fit from such failure or refusal.

text: Article 18

text: are pending before a court of that Contracting State, and were the first to be instituted; or

text: are pending before a court of any other Contracting State, were the first to be instituted and may result in a judgment to which the State party to the proceedings must give effect by virtue of

text: Article 20

text: or

text: Article 25

text: A court before which proceedings to which a Contracting State is a party are instituted shall, at the request of one of the parties or, if its national law so permits, of its own motion, decline to proceed with the case or shall stay the proceedings if other proceedings between the same parties, based on the same facts and having the same purpose:

text: Any Contracting State whose law gives the courts a discretion to decline to proceed with a case or to stay the the proceedings in cases where proceedings between the same parties, based on the same facts and having the same purpose, are pending before a court of another Contracting State, may, by notification addressed to the Secretary General of the Council of Europe, declare that its courts shall not be bound by the provisions of paragraph 1.

text: Article 19

text: Chapter III – Effect of Judgment

text: if, in accordance with the provisions of

text: Articles 1

text: to 13, the State could not claim immunity from jurisdiction; and

text: if the judgment cannot or can no longer be set aside if obtained by default, or if it is not or is no longer subject to appeal or any other form of ordinary review or to annulment.

text: A Contracting State shall give effect to a judgment given against it by a court of another Contracting State:

text: where it would be manifestly contrary to public policy in that State to do so, or where, in the circumstances, either party had no adequate opportunity fairly to present his case;

text: where proceedings between the same parties, based on the same facts and having the same purpose:

text: are pending before a court of that State and were the first to be instituted;

text: where the result of the judgment is inconsistent with the result of another judgment given between the same parties:

text: by a court of the Contracting State, if the proceedings before that court were the first to be instituted or if the other judgment has been given before the judgment satisfied the conditions specified in paragraph 1.b; or

text: where the provisions of

text: Article 16

text: have not been observed and the State has not entered an appearance or has not appealed against a judgment by default.

text: Nevertheless, a Contracting State is not obliged to give effect to such a judgment in any case:

text: ii are pending before a court of another Contracting State, were the first to be instituted and may result in a judgment to which the State party to the proceedings must give effect under the terms of this Convention;

text: ii by a court of another Contracting State where the other judgment is the first to satisfy the requirements laid down in the present Convention;

text: if the courts of the State of the forum would not 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 judgment is given; or

text: if the court, by applying a law other than that which would have been applied in accordance with the rules of private international law of that State, has reached a result different from that which would have been reached by applying the law determined by those rules.

text: In addition, in the cases provided for in

text: Article 10

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

text: However, a Contracting State may not rely upon the grounds of refusal specified in subparagraphs a and b above if it is bound by an agreement with the State of the forum on the recognition and enforcement of judgments and the judgment fulfils the requirement of that agreement as regards jurisdiction and, where appropriate, the law applied.

text: Article 20

text: Where a judgment has been given against a Contracting State and that State does not give effect thereto, the party which seeks to invoke the judgment shall be entitled to have determined by the competent court of that State the question whether effect should be given to the judgment in accordance with

text: Article 20

text: . Proceedings may also be brought before this court by the State against which judgment has been given, if its law so permits.

text: Save in so far as may be necessary for the application of

text: Article 20

text: , the competent court of the State in question may not review the merits of the judgment.

text: the parties shall be given an opportunity to be heard in the proceedings;

text: documents produced by the party seeking to invoke the judgment shall not be subject to legalisation or any other like formality;

text: no security, bond or deposit, however described, shall be required of the party invoking the judgment by reason of his nationality, domicile or residence;

text: the party invoking the judgment shall be entitled to legal aid under conditions no less favourable than those applicable to nationals of the State who are domiciled and resident therein.

text: Where proceedings are instituted before a court of a State in accordance with paragraph 1:

text: Each Contracting State shall, when depositing its instrument of ratification, acceptance or accession, designate the court or courts referred to in paragraph 1, and inform the Secretary General of the Council of Europe thereof.

text: Article 21

text: A Contracting State shall give effect to a settlement to which it is a party and which has been made before a court of another Contracting State in the course of the proceedings; the provisions of

text: Article 20

text: do not apply to such a settlement.

text: If the State does not give effect to the settlement, the procedure provided for in

text: Article 21

text: may be used.

text: Article 22

text: No measures of execution or preventive measures against the property of a Contracting State may be taken in the territory of another Contracting State except where and to the extent that the State has expressly consented thereto in writing in any particular case.

text: Article 23

text: Chapter IV – Optional provisions

text: Notwithstanding the provisions of

text: Article 15

text: , any State may, when signing this Convention or depositing its instrument of ratification, acceptance or accession, or at any later date, by notification addressed to the Secretary General of the Council of Europe, declare that, in cases not falling within

text: Articles 1

text: to 13, its courts shall be entitled to entertain proceedings against another Contracting State to the extent that its courts are entitled to entertain proceedings against States not party to the present Convention. Such a declaration shall be without prejudice to the immunity from jurisdiction which foreign States enjoy in respect of acts performed in the exercise of sovereign authority (acta jure imperii).

text: The courts of a State which has made the declaration provided for in paragraph 1 shall not however be entitled to entertain such proceedings against another Contracting State if their jurisdiction could have been based solely on one or more of the grounds mentioned in the annex to the present Convention, unless that other Contracting State has taken a step in the proceedings relating to the merits without first challenging the jurisdiction of the court.

text: The provisions of Chapter II apply to proceedings instituted against a Contracting State in accordance with the present article.

text: The declaration made under paragraph 1 may be withdrawn by notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect three months after the date of its receipt, but this shall not affect proceedings instituted before the date on which the withdrawal becomes effective.

text: Article 24

text: if the conditions prescribed in paragraph 1.b of

text: Article 20

text: have been fulfilled; and

text: if the court is considered to have jurisdiction in accordance with the following paragraphs.

text: Any Contracting State which has made a declaration under

text: Article 24

text: shall, in cases not falling within

text: Articles 1

text: to 13, give effect to a judgment given by a court of another Contracting State which has made a like declaration:

text: if there is a ground for refusal as provided for in paragraph 2 of

text: Article 20

text: ; or

text: if the provisions of paragraph 2 of

text: Article 24

text: have not been observed.

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

text: 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;

text: 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.

text: 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:

text: The Contracting States having made the declaration provided for in

text: Article 24

text: 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.

text: If the Contracting State does not give effect to the judgment, the procedure provided for in

text: Article 21

text: may be used.

text: Article 25

text: Notwithstanding the provisions of

text: Article 23

text: , a judgment rendered against a Contracting State in proceedings relating to an industrial or commercial activity, in which the State is engaged in the same manner as a private person, may be enforced in the State of the forum against property of the State against which judgment has been given, used exclusively in connection with such an activity, if:

text: both the State of the forum and the State against which the judgment has been given have made declarations under

text: Article 24

text: the proceedings which resulted in the judgment fell within

text: Articles 1

text: to 13 or were instituted in accordance with paragraphs 1 and 2 of

text: Article 24

text: ; and

text: the judgment satisfies the requirements laid down in paragraph 1.b of

text: Article 20

text: Article 26

text: Chapter V – General provisions

text: For the purposes of the present Convention, the expression "Contracting State" shall not include any legal entity of a Contracting State which is distinct therefrom and is capable of suing or being sued, even if that entity has been entrusted with public functions.

text: Proceedings may be instituted against any entity referred to in paragraph 1 before the courts of another Contracting State in the same manner as against a private person; however, the courts may not entertain proceedings in respect of acts performed by the entity in the exercise of sovereign authority (acta jure imperii).

text: Proceedings may in any event be instituted against any such entity before those courts if, in corresponding circumstances, the courts would have had jurisdiction if the proceedings had been instituted against a Contracting State.

text: Article 27

text: Without prejudice to the provisions of

text: Article 27

text: , the constituent States of a Federal State do not enjoy immunity.

text: However, a Federal State Party to the present Convention, may, by notification addressed to the Secretary General of the Council of Europe, declare that its constituent States may invoke the provisions of the Convention applicable to Contracting States, and have the same obligations.

text: Where a Federal State has made a declaration in accordance with paragraph 2, service of documents on a constituent State of a Federation shall be made on the Ministry of Foreign Affairs of the Federal State, in conformity with

text: Article 16

text: The Federal State alone is competent to make the declarations, notifications and communications provided for in the present Convention, and the Federal State alone may be party to proceedings pursuant to

text: Article 34

text: Article 28

text: The present Convention shall not apply to proceedings concerning:

text: social security;

text: damage or injury in nuclear matters;

text: customs duties, taxes or penalties.

text: Article 29

text: The present Convention shall not apply to proceedings in respect of claims relating to the operation of seagoing vessels owned or operated by a Contracting State or to the carriage of cargoes and of passengers by such vessels or to the carriage of cargoes owned by a Contracting State and carried on board merchant vessels.

text: Article 30

text: Nothing in this Convention shall affect any immunities or privileges enjoyed by a Contracting State in respect of anything done or omitted to be done by, or in relation to, its armed forces when on the territory of another Contracting State.

text: Article 31

text: Nothing in the present Convention shall affect privileges and immunities relating to the exercise of the functions of diplomatic missions and consular posts and of persons connected with them.

text: Article 32

text: Nothing in the present Convention shall affect existing or future international agreements in special fields which relate to matters dealt with in the present Convention.

text: Article 33

text: Any dispute which might arise between two or more Contracting States concerning the interpretation or application of the present Convention shall be submitted to the International Court of Justice on the application of one of the parties to the dispute or by special agreement unless the parties agree on a different method of peaceful settlement of the dispute.

text: a dispute concerning a question arising in proceedings instituted against a Contracting State before a court of another Contracting State, before the court has given a judgment which fulfils the condition provided for in paragraph 1.b of

text: Article 20

text: a dispute concerning a question arising in proceedings instituted before a court of a Contracting State in accordance with paragraph 1 of

text: Article 21

text: , before the court has rendered a final decision in such proceedings.

text: However, proceedings may not be instituted before the International Court of Justice which relate to:

text: Article 34

text: The present Convention shall apply only to proceedings introduced after its entry into force.

text: When a State has become Party to this Convention after it has entered into force, the Convention shall apply only to proceedings introduced after it has entered into force with respect to that State.

text: Nothing in this Convention shall apply to proceedings arising out of, or judgments based on, acts, omissions or facts prior to the date on which the present Convention is opened for signature.

text: Article 35

text: Chapter VI – Final provisions

text: The present Convention shall be open to signature by the member States of the Council of Europe. It shall be subject to ratification or acceptance. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.

text: The Convention shall enter into force three months after the date of the deposit of the third instrument of ratification or acceptance.

text: In respect of a signatory State ratifying or accepting subsequently, the Convention shall enter into force three months after the date of the deposit of its instrument of ratification or acceptance.

text: Article 36

text: After the entry into force of the present Convention, the Committee of Ministers of the Council of Europe may, by a decision taken by a unanimous vote of the members casting a vote, invite any non-member State to accede thereto.

text: Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect three months after the date of its deposit.

text: However, if a State having already acceded to the Convention notifies the Secretary General of the Council of Europe of its objection to the accession of another non-member State, before the entry into force of this accession, the Convention shall not apply to the relations between these two States.

text: Article 37

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, specify the territory or territories to which the present Convention shall apply. 2 Any State may, when depositing its instrument of ratification, acceptance or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Convention to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. 3 Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down in

text: Article 40

text: of this Convention.

text: Article 38

text: No reservation is permitted to the present Convention.

text: Article 39

text: Any Contracting State may, in so far as it is concerned, denounce this Convention by means of notification addressed to the Secretary General of the Council of Europe. 2 Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification. This Convention shall, however, continue to apply to proceedings introduced before the date on which the denunciation takes effect, and to judgments given in such proceedings.

text: Article 40

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe and any State which has acceded to this Convention of: a any signature; b any deposit of an instrument of ratification, acceptance or accession; c any date of entry into force of this Convention in accordance with

text: Articles 36

text: and 37 thereof; d any notification received in pursuance of the provisions of paragraph 2 of

text: Article 19

text: ; e any communication received in pursuance of the provisions of paragraph 4 of

text: Article 21

text: ; f any notification received in pursuance of the provisions of paragraph 1 of

text: Article 24

text: ; g the withdrawal of any notification made in pursuance of the provisions of paragraph 4 of

text: Article 24

text: ; h any notification received in pursuance of the provisions of paragraph 2 of

text: Article 28

text: ; i any notification received in pursuance of the provisions of paragraph 3 or

text: Article 37

text: ; j any declaration received in pursuance of the provisions of

text: Article 38

text: any notification received in pursuance of the provisions of

text: Article 40

text: and the date on which denunciation takes effect.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

text: Done at Basle, this 16th day of May 1972, in English and French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.

text: Article 41

title: European Convention on State Immunity


doctype: protocol

identifier: ETS No. 074A

reference: ETS No. 074A

title: Additional Protocol to the European Convention on State Immunity

text: European Treaty Series - No. 74A

text: Basle, 16.V.1972

text: The member States of the Council of Europe, signatory to the present Protocol, Having taken note of the European Convention on State Immunity – hereinafter referred to as "the Convention" – and in particular Articles 21 and 34 thereof; Desiring to develop the work of harmonisation in the field covered by the Convention by the addition of provisions concerning a European procedure for the settlement of disputes, Have agreed as follows:

text: Part I

text: Where a judgment has been given against a State Party to the Convention and that State does not give effect thereto, the party which seeks to invoke the judgment shall be entitled to have determined the question whether effect should be given to the judgment in conformity with Article 20 or Article 25 of the Convention, by instituting proceedings before either: a the competent court of that State in application of Article 21 of the Convention; or b the European Tribunal constituted in conformity with the provisions of Part III of the present Protocol, provided that that State is a Party to the present Protocol and has not made the declaration referred to in Part IV thereof. The choice between these two possibilites shall be final. 2 If the State intends to institute proceedings before its court in accordance with the provisions of paragraph 1 or Article 21 of the Convention, it must give notice of its intention to do so to the party in whose favour the judgment has been given; the State may thereafter institute such proceedings only if the party has not, within three months of receiving notice, instituted proceedings before the European Tribunal. Once this period has elapsed, the party in whose favour the judgment has been given may no longer institute proceedings before the European Tribunal. 3 Save in so far as may be necessary for the application of Articles 20 and 25 of the Convention, the European Tribunal may not review the merits of the judgment.

text: ETS 74A – State Immunity (Protocol), 16.V.1972 __________________________________________________________________________________

text: Article 1

text: Part II

text: Any dispute which might arise between two or more States parties to the present Protocol concerning the interpretation or application of the Convention shall be submitted, on the application of one of the parties to the dispute or by special agreement, to the European Tribunal constituted in conformity with the provisions of Part III of the present Protocol. The States parties to the present Protocol undertake not to submit such a dispute to a different mode of settlement.

text: If the dispute concerns a question arising in proceedings instituted before a court of one State Party to the Convention against another State Party to the Convention, or a question arising in proceedings instituted before a court of a State Party to the Convention in accordance with Article 21 of the Convention, it may not be referred to the European Tribunal until the court has given a final decision in such proceedings.

text: Proceedings may not be instituted before the European Tribunal which relate to a dispute concerning a judgment which it has already determined or is required to determine by virtue of Part I of this Protocol.

text: Article 2

text: Nothing in the present Protocol shall be interpreted as preventing the European Tribunal from determining any dispute which might arise between two or more States parties to the Convention concerning the interpretation or application thereof and which might be submitted to it by special agreement, even if these States, or any of them, are not parties to the present Protocol.

text: Article 3

text: Part III

text: There shall be established a European Tribunal in matters of State Immunity to determine cases brought before it in conformity with the provisions of Parts I and II of the present Protocol.

text: The European Tribunal shall consist of the members of the European Court of Human Rights and, in respect of each non-member State of the Council of Europe which has acceded to the present Protocol, a person possessing the qualifications required of members of that Court designated, with the agreement of the Committee of Ministers of the Council of Europe, by the government of that State for a period of nine years.

text: The President of the European Tribunal shall be the President of the European Court of Human Rights.

text: Article 4

text: Where proceedings are instituted before the European Tribunal in accordance with the provisions of Part I of the present Protocol, the European Tribunal shall consist of a Chamber composed of seven members. There shall sit as ex officio members of the Chamber the member of the European Tribunal who is a national of the State against which the judgment has been given and the member of the European Tribunal who is a national of the State of the forum, or, should there be no such member in one or the other case, a person designated by the government of the State concerned to sit in the capacity of a member of the Chamber. The names of the other five members shall be chosen by lot by the President of the European Tribunal in the presence of the Registrar.

text: Where proceedings are instituted before the European Tribunal in accordance with the provisions of Part II of the present Protocol, the Chamber shall be constituted in the manner provided for in the preceding paragraph. However, there shall sit as ex officio members of the Chamber the members of the European Tribunal who are nationals of the States parties to the dispute or, should there be no such member, a person designated by the government of the State concerned to sit in the capacity of a member of the Chamber.

text: Where a case pending before a Chamber raises a serious question affecting the interpretation of the Convention or of the present Protocol, the Chamber may, at any time, relinquish jurisdiction in favour of the European Tribunal meeting in plenary session. The relinquishment of jurisdiction shall be obligatory where the resolution of such question might have a result inconsistent with a judgment previously delivered by a Chamber or by the European Tribunal meeting in plenary session. The relinquishment of jurisdiction shall be final. Reasons need not be given for the decision to relinquish jurisdiction.

text: Article 5

text: The European Tribunal shall decide any disputes as to whether the Tribunal has jurisdiction.

text: The hearings of the European Tribunal shall be public unless the Tribunal in exceptional circumstances decides otherwise.

text: The judgments of the European Tribunal, taken by a majority of the members present, are to be delivered in public session. Reasons shall be given for the judgment of the European Tribunal. If the judgment does not represent in whole or in part the unanimous opinion of the European Tribunal, any member shall be entitled to deliver a separate opinion.

text: The judgments of the European Tribunal shall be final and binding upon the parties.

text: Article 6

text: The European Tribunal shall draw up its own rules and fix its own procedure.

text: The Registry of the European Tribunal shall be provided by the Registrar of the European Court of Human Rights.

text: Article 7

text: The operating costs of the European Tribunal shall be borne by the Council of Europe. States non-members of the Council of Europe having acceded to the present Protocol shall contribute thereto in a manner to be decided by the Committee of Ministers after agreement with these States.

text: The members of the European Tribunal shall receive for each day of duty a compensation to be determined by the Committee of Ministers.

text: Article 8

text: Part IV

text: Any State may, by notification addressed to the Secretary General of the Council of Europe at the moment of its signature of the present Protocol, or of the deposit of its instrument of ratification, acceptance or accession thereto, declare that it will only be bound by Parts II to V of the present Protocol.

text: Such a notification may be withdrawn at any time.

text: Article 9

text: Part V

text: The present Protocol shall be open to signature by the member States of the Council of Europe which have signed the Convention. It shall be subject to ratification or acceptance. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe. 2 The present Protocol shall enter into force three months after the date of the deposit of the fifth instrument of ratification or acceptance. 3 In respect of a signatory State ratifying or accepting subsequently, the Protocol shall enter into force three months after the date of the deposit of its instrument of ratification or acceptance. 4 A member State of the Council of Europe may not ratify or accept the present Protocol without having ratified or accepted the Convention.

text: Article 10

text: A State which has acceded to the Convention may accede to the present Protocol after the Protocol has entered into force. 2 Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect three months after the date of its deposit.

text: Article 11

text: No reservation is permitted to the present Protocol.

text: Article 12

text: Any Contracting State may, in so far as it is concerned, denounce the present Protocol by means of a notification addressed to the Secretary General of the Council of Europe. 2 Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification. The Protocol shall, however, continue to apply to proceedings introduced in conformity with the provisions of the protocol before the date on which such denunciation takes effect. 3 Denunciation of the Convention shall automatically entail denunciation of the present Protocol.

text: Article 13

text: The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to the Convention of: a any signature of the present Protocol; b any deposit of an instrument of ratification, acceptance or accession;

text: any date of entry into force of the present Protocol in accordance with

text: Articles 10

text: and 11 thereof;

text: any notification received in pursuance of the provisions of Part IV and any withdrawal of any such notification;

ordinal: e

text: Article 13

text: and the date on which such denunciation takes effect.

text: In witness whereof the undersigned, being duly authorised thereto, have signed the present Protocol.

text: Article 14

type: internationell-overenskommelse


identifier: ETS No. 075

reference: ETS No. 075

title: European Convention on the Place of Payment of Money Liabilities

text: European Treaty Series - No. 75

text: Basle, 16.V.1972

text: The member States of the Council of Europe, signatory hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members, in particular by the adoption of common rules in the legal field; Considering that it is advisable to harmonise certain rules relating to the place of payment of money liabilities, Have agreed as follows:

text: Each Contracting Party undertakes that within twelve months of the date of entry into force of this Convention in respect of that Party, its national law shall conform with the rules set forth in Annex I appended hereto. 2 The application of the rules in Annex I shall extend to all liabilities under which a sum of money is due, whether originally expressed in money or not.

text: Article 1

text: Each Contracting Party shall submit, within 24 months of the date of the entry into force of this Convention in respect of that Party, to the Secretary General of the Council of Europe a report on the implementation of this Convention, containing, in particular, the official text of any legislation introduced in consequence of its entry into force. The Secretary General shall transmit copies of the report to the other Contracting Parties.

text: Article 2

text: Each Contracting Party has the right, in specific matters or in matters of public law or with regard to payments made to or by public authorities, not to apply the provisions of Annex I or to apply them with such modifications as it considers necessary.

text: Article 3

text: This Convention shall be without prejudice to the provisions of any treaties, conventions or bilateral or multilateral agreements concluded or to be concluded, governing in special fields matters covered by this Convention.

text: ETS 75 – Place of Payment, 16.V.1972 __________________________________________________________________________________

text: Article 4

text: This Convention shall be open to signature by the member States of the Council of Europe. It shall be subject to ratification or acceptance. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.

text: This Convention shall enter into force three months after the date of the deposit of the fifth instrument of ratification or acceptance.

text: In respect of a signatory State ratifying or accepting subsequently, the Convention shall come into force three months after the date of the deposit of its instrument of ratification or acceptance.

text: Article 5

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State to accede hereto.

text: Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect three months after the date of its deposit.

text: Article 6

text: The provisions of this Convention or of Annex I hereto shall not be subject to any reservation with the exception of that referred to in Annex II to this Convention.

text: Any Contracting Party may withdraw a reservation it has made in accordance with Annex II by means of a declaration addressed to the Secretary General of the Council of Europe, which shall become effective as from the date of its receipt.

text: Article 7

text: Any Contracting Party may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, specify the territory or territories to which this Convention shall apply.

text: Any Contracting Party may, when depositing its instrument of ratification, acceptance or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Convention to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings.

text: Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down in

text: Article 9

text: of this Convention.

text: Article 8

text: This Convention shall remain in force indefinitely.

text: Any Contracting Party may, in so far as it is concerned, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.

text: Such denunciations shall take effect six months after the date of receipt by the Secretary General of such notification.

text: Article 9

text: The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention of: a any signature; b any deposit of an instrument of ratification, acceptance or accession; c any date of entry into force of this Convention in accordance with

text: Article 5

text: thereof; d any reservation made in pursuance of the provisions of paragraph 1 of

text: Article 7

text: and of Annex II; e the withdrawal of any reservation carried out in pursuance of the provisions of paragraph 2 of

text: Article 7

text: ; f any declaration received in pursuance of the provisions of paragraphs 2 and 3 of

text: Article 8

text: ; g any notification received in pursuance of the provisions of

text: Article 9

text: and the date on which denunciation takes effect.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Basle, this 16th day of May 1972, in English and French, both texts being equally authoritative, in a single copy which shall remain deposited in the Archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.

text: Article 10


identifier: ETS No. 076

reference: ETS No. 076

title: European Convention on the Calculation of Time-Limits

text: European Treaty Series - No. 76

text: Basle, 16.V.1972

text: The member States of the Council of Europe, signatory hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members, in particular by the adoption of common rules in the field of law; Convinced that the unification of rules relating to the calculation of time-limits, both for domestic and international purposes, will contribute to the attainment of this aim, Have agreed as follows:

text: This Convention shall apply to the calculation of time-limits in civil, commercial and administrative matters, including procedure relating to such matters, where such time-limits have been laid down: a by law or by a judicial or an administrative authority; b by an arbitral body, where such body has not determined the method of calculating the time-limit; or c by the parties, where the method of calculating the time-limit neither has been agreed between the parties, whether expressly or by implication, nor is determined by applicable usage or by practices established between the parties. However, the Convention shall not apply to time-limits calculated retroactively. 2 Notwithstanding the provisions of paragraph 1, any Contracting Party may, by notification addressed to the Secretary General of the Council of Europe, when depositing its instrument of ratification, acceptance or accession or at any time thereafter, declare that it shall exclude the application of all or certain of the provisions of the Convention to all or certain time-limits in administrative matters. Any Contracting Party may, at any time, by means of notification addressed to the Secretary General of the Council of Europe, withdraw, wholly or in part, the declaration made by it; the notification shall take effect on the date of its receipt.

text: Article 1

text: For the purpose of this Convention the term dies a quo means the day from which the timelimit runs and the term dies ad quem means the day on which the time-limit expires.

text: ETS 76 – Calculation of Time-Limits, 16.V.1972 __________________________________________________________________________________

text: Article 2

text: Time-limits expressed in days, weeks, months or years shall run from the dies a quo at midnight to the dies ad quem at midnight.

text: However, the provisions of the foregoing paragraph do not preclude that an act which is to be performed before the expiry of a time-limit may be performed on the dies ad quem only before the expiry of the normal office or business hours.

text: Article 3

text: Where a time-limit is expressed in weeks the dies ad quem shall be the day of the last week whose name corresponds to that of the dies a quo.

text: Where a time-limit is expressed in months or in years the dies ad quem shall be the day of the last month or of the last year whose date corresponds to that of the dies a quo or, when there is no corresponding date, the last day of the last month.

text: Where a time-limit is expressed in months and days or fractions of months, whole months shall be counted first, and afterwards the days or fractions of months; for the purpose of calculating fractions of months, a month shall be deemed to consist of 30 days.

text: Article 4

text: Saturdays, Sundays and official holidays shall count when calculating a time-limit. However, where the dies ad quem of a time-limit before the expiry of which an act shall be performed is a Saturday, a Sunday, an official holiday or a day which shall be considered as an official holiday, the time-limit shall be extended to include the first working day thereafter.

text: Article 5

text: No reservation may be made to the provisions of this Convention.

text: Article 6

text: This Convention shall be without prejudice to the provisions of any treaties, conventions or bilateral or multilateral agreements concluded or to be concluded or any regulation made for their application, which govern particular aspects of the matters covered by this Convention.

text: Final clauses

text: Article 7

text: This Convention shall be open to signature by the member States of the Council of Europe. It shall be subject to ratification or acceptance. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.

text: This Convention shall enter into force three months after the date of the deposit of the third instrument of ratification or acceptance.

text: In respect of a signatory State ratifying or accepting subsequently, the Convention shall come into force three months after the date of the deposit of its instrument of ratification or acceptance.

text: Article 8

text: Each Contracting Party may take the measures it deems appropriate concerning the application of this Convention to time-limits running at the time of entry into force of the Convention in respect of that Party.

text: Article 9

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State to accede thereto.

text: Article 10

text: Each Contracting Party shall, when depositing its instrument of ratification, acceptance or accession, by a notification addressed to the Secretary General of the Council of Europe, specify which days are or shall, for the purposes of

text: Article 5

text: of this Convention, be considered to be official holidays in its territory or in a part thereof. Any changes in respect of the particulars of such notification shall thereafter be notified to the Secretary General of the Council of Europe.

text: Article 11

text: Article 13

text: of this Convention.

text: Article 12

text: Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification.

text: Article 13

text: The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention of:

text: any signature;

text: any deposit of an instrument of ratification, acceptance or accession; c any date of entry into force of this Convention in accordance with

text: Article 8

text: thereof; d any notification received in pursuance of the provisions of paragraph 2 of

text: Article 1

text: ; e any notification received in pursuance of the provisions of

text: Article 11

text: Article 12

text: Article 13

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Basle, this 16th day of May 1972, in English and French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States. *

text: Article 14


identifier: ETS No. 077

reference: ETS No. 077

title: Convention on the Establishment of a Scheme of Registration of Wills

text: European Treaty Series - No. 77

text: Basle, 16.V.1972

text: The member States of the Council of Europe, signatory hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Wishing to provide for a registration scheme enabling a testator to register his will in order to reduce the risk of the will remaining unknown or being found belatedly, and to facilitate the discovery of the existence of this will after the death of the testator; Convinced that such a system would facilitate in particular the finding of wills made abroad, Have agreed as follows:

text: The Contracting States undertake to establish, in accordance with the provisions of this Convention, a scheme of registration of wills, with a view to facilitating, after the death of the testator, the discovery of the existence of the will.

text: Article 1

text: In order to implement the provisions of this Convention, each Contracting State shall establish or appoint one or more bodies responsible for the registration provided for by the Convention and for answering requests for information made in accordance with

text: Article 8

text: , paragraph 2.

text: Article 2

text: With a view to facilitating international co-operation, each Contracting State shall appoint a national body which shall, without any intermediary: a arrange for registration in other Contracting States as provided for in

text: Article 6

text: ; b receive requests for information arriving from the national bodies of other Contracting States, and answer them under the conditions set out in

text: Article 8

text: . 2 Each Contracting State shall communicate to the Secretary General of the Council of Europe the name and address of the national body appointed in accordance with the preceding paragraph.

text: Article 3

text: Formal wills declared to a notary, a public authority or any person authorised by the law of that State to record them, as well as other wills deposited with an authority or a person authorised by law to accept such deposit, with a formal act of deposit having been established; b Holographic wills which have been deposited with a notary, a public authority or any person authorised by the law of that State to accept them, without a formal act of deposit having been established, subject to that law permitting such deposit. The testator may oppose registration if the said law does not prohibit such opposition. 2 Withdrawals, revocations and other modifications of the wills registered according to this article shall also be registered if they are established in a form which would make registration compulsory according to the preceding paragraph. 3 Any Contracting State may exclude from the application of the present article wills deposited with authorities of the armed forces.

text: The following shall be registered in a Contracting State:

text: ETS 77 – Registration of Wills, 16.V.1972 __________________________________________________________________________________

text: Article 4

text: Registration shall be made at the request of the notary, the public authority or the person referred to in

text: Article 4

text: , paragraph 1. 2 Any Contracting State may, however, in special cases determined and under the conditions specified by its national law, provide for the request for registration to be made by the testator.

text: Article 5

text: Registration shall not be subject to conditions of nationality or residence of the testator. 2 At the request of the testator, the notary, public authority or person referred to in

text: Article 4

text: , may request registration not only in the State where the will is made or deposited, but also, through the intermediary of the national bodies, in other Contracting States.

text: Article 6

text: The request for registration shall contain the following information at least: a Family name and first name(s) of testator or author of deed (and maiden name, where applicable); b Date and place (or, if this is not known, country) of birth; c Address or domicile, as declared; d Nature and date of deed of which registration is requested; e Name and address of the notary, public authority or person who received the deed or with whom it is deposited. 2 This information must be contained in the register, in the form stipulated by each Contracting State 3 The duration of registration may be determined by each Contracting State.

text: Article 7

text: Registration shall be secret during the lifetime of the testator. 2 On the death of the testator any person may obtain the information mentioned in

text: Article 7

text: on presentation of an extract of the death certificate or of any other satisfactory proof of death. 3 If the will has been made jointly by two or more persons, the provisions of paragraph 2 of this article shall apply, notwithstanding the provisions of paragraph 1, on the death of any of the testators.

text: Article 8

text: Services between Contracting States pursuant to this Convention shall be rendered free of charge.

text: Article 9

text: This Convention shall not affect provisions which, in each Contracting State, relate to the validity of wills and other deeds referred to in this Convention.

text: Article 10

text: Each Contracting State shall have the option to extend, under the conditions to be established by that State, the registration system provided for by this Convention to any other will not referred to in

text: Article 4

text: or any other deed affecting the devolution of an estate. In this case, in particular the provisions of

text: Article 6

text: , paragraph 2, shall apply.

text: Article 11

text: This Convention shall be open to signature by the member States of the Council of Europe. It shall be subject to ratification or acceptance. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe. 2 This Convention shall enter into force three months after the date of deposit of the third instrument of ratification or acceptance. 3 In respect of a signatory State ratifying or accepting subsequently, the Convention shall come into force three months after the date of the deposit of its instrument of ratification or acceptance.

text: Article 12

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State to accede thereto. 2 Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect three months after the date of its deposit.

text: Article 13

text: Any Contracting State may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, specify the territory or territories to which this Convention shall apply.

text: Any Contracting State may, when depositing its instrument of ratification, acceptance or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Convention to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. 3 Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down in

text: Article 16

text: of this Convention.

text: Article 14

text: No reservations shall be made to the provisions of this Convention.

text: Article 15

text: This Convention shall remain in force indefinitely. 2 Any Contracting State may, in so far as it is concerned, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe. 3 Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification.

text: Article 16

text: The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention of: a any signature; b any deposit of an instrument of ratification, acceptance or accession; c any date of entry into force of this Convention in accordance with

text: Article 12

text: thereof; d any communication received in pursuance of the provisions of paragraph 2 of

text: Article 3

text: and of paragraphs 2 and 3 of

text: Article 14

text: Article 16

text: and the date on which denunciation takes effect.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Basle, this 16th day of May 1972, in English and French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.

text: Article 17