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Lloyd's Maritime and Commercial Law Quarterly


Simon Baughen*


238. Hague Judgments Convention: Proposal for a Council Decision on the accession by the European Union to the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. Brussels, 16.7.2021 COM (2021) 388 final 2021/0208 (NLE)
The European Commission has adopted a proposal for the EU to accede to the Convention on Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters under the auspices of the Hague Conference on Private International Law 2019. The Commission’s proposal will now have to be adopted by the Council, with the European Parliament’s consent, for the EU to join the Convention. So far, the Convention has been signed, but not yet ratified, by three states (Israel, Ukraine, Uruguay).
239. Lugano Convention 2007: Communication from the Commission to the European Parliament and the Council: Assessment on the application of the United Kingdom of Great Britain and Northern Ireland to accede to the 2007 Lugano Convention Brussels, 4.5.2021 COM(2021) 222 final.
On 8 April 2020, the UK applied to accede to the Lugano Convention. On 4 May 2021, the Commission, in a communication to the European parliament and the council, rejected the entry of the UK to the Convention. The Convention had originally been concluded between the European Union, Denmark, and the European Free Trade Association (EFTA) states of Switzerland, Norway and Iceland to regulate international jurisdiction and the recognition and enforcement of foreign judgments in civil and commercial matters.
In its communication, the Commission justified the rejection of the UK’s application by stating that the Lugano Convention is a flanking measure of the EU’s internal market and embedded in the EU–EFTA/EEA context. In relation to all other third countries, the EU promotes cooperation within the framework of the multilateral Hague Conventions. Due to Brexit, the status of the UK has been derogated to that of a third country without a special link to the internal market. Any future cooperation between the UK and the EU in matters of civil judicial cooperation will therefore be regulated by the Hague Conventions.


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