Tractatenblad 2012, 65

46 (1972) Nr. 4

A. TITEL

Europese Overeenkomst inzake de immuniteit van Staten;

(met Bijlage en Aanvullend Protocol)

Bazel, 16 mei 1972

B. TEKST

De Engelse en de Franse tekst van de Overeenkomst, met Bijlage en Aanvullend Protocol, zijn geplaatst in Trb. 1973, 43.

C. VERTALING

Zie Trb. 1973, 43 en Trb. 1985, 38.

D. PARLEMENT

Zie Trb. 1985, 38.

E. PARTIJGEGEVENS

Zie Trb. 1973, 43 en Trb. 2011, 63.

Overeenkomst

Partij	Ondertekening	Ratificatie	Type^*	In werking	Opzegging	Buiten werking
België	16-05-72	27-10-75	R	11-06-76
Cyprus	15-12-75	10-03-76	R	11-06-76
Duitsland	16-05-72	15-05-90	R	16-08-90
Luxemburg	16-05-72	11-12-86	R	12-03-87
Nederlanden, het Koninkrijk der	16-05-72
– Nederland:
– in Europa		21-02-85	R	22-05-85
– Bonaire		28-09-10	R	10-10-10
– Sint Eustatius		28-09-10	R	10-10-10
– Saba		28-09-10	R	10-10-10
– Aruba		–		–
– Curaçao		–		–
– Sint Maarten		–		–
Oostenrijk	16-05-72	10-07-74	R	11-06-76
Portugal	10-05-79
Verenigd Koninkrijk	16-05-72	03-07-79	R	04-10-79
Zwitserland	16-05-72	06-07-82	R	07-10-82
^* O=Ondertekening zonder voorbehoud of vereiste van ratificatie, R=Bekrachtiging, aanvaarding, goedkeuring of kennisgeving, T=Toetreding, VG=Voortgezette gebondenheid, NB=Niet bekend

Uitbreidingen

Verenigd Koninkrijk, het

Uitgebreid tot	In werking	Buiten werking
Akrotiri en Dhekelia (Soevereine Basis Gebieden op Cyprus)	04-10-1979
Belize (< 21-09-1981)	04-10-1979	21-09-1981
Brits Antarctisch Territorium	04-10-1979
Britse Maagdeneilanden	04-10-1979
Caymaneilanden	04-10-1979
Ducie en Oeno-eilanden	04-10-1979
Falklandeilanden	04-10-1979
Guernsey	28-02-1988
Henderson	04-10-1979
Hongkong (< 01-07-1997)	04-10-1979	01-07-1997
Jersey	28-02-1988
Kiribati (< 12-07-1979)	04-10-1979	12-07-1979
Man	28-02-1988
Montserrat	04-10-1979
Pitcairneilanden	04-10-1979
Sint-Helena, Ascension en Tristan da Cunha	04-10-1979
Turks- en Caicoseilanden	04-10-1979

Verklaringen, voorbehouden en bezwaren

België, 27 oktober 1975

In accordance with Article 21, the Belgian Government designates the “Tribunal de première instance” for determining the question whether the Belgian State should give effect to a foreign judgement.

With reference to Article 24, the Belgian Government declares that, in cases not falling within Articles 1 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).

België, 23 september 2003

In accordance with Article 28, paragraph 2, of the Convention, the Kingdom of Belgium declares that the French Community, the Flemish Community and the German-speaking Community as well as the Walloon Region, the Flemish Region and the Brussels-Capital Region may invoke the provisions of the European Convention on State Immunity applicable to Contracting States, and have the same obligations.

Duitsland, 15 mei 1990

Paragraph 4 of Article 21:

The question whether effect should be given by the Federal Republic of Germany or a Land to a judgment rendered by a court of another Contracting State in accordance with Article 20 or Article 25 or to a settlement in accordance with Article 22 of the Convention is determined by the competent Regional Court (Landgericht) in whose administrative district the Federal Government has its seat.

The Federal Republic of Germany declares in accordance with paragraph 1 of Article 24 of the Convention that, in cases not falling within Articles 1 to 13, its courts are 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 Convention. Such a declaration is 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).

Duitsland, 5 juni 1992

The Federal Republic of Germany hereby amends its declaration relating to Article 28, paragraph 2, of the Convention to the effect that all constituent states (Laender) of the Federal Republic of Germany, namely Baden-Württemberg, Bavaria, Berlin, Brandenburg, Bremen, Hamburg, Hesse, Mecklenburg-Western Pomerania, Lower Saxony, North-Rhine/Westphalia, Rhineland-Palatina, Saarland, Saxony, Saxony-Anhalt, Schleswig-Holstein and Thuringia shall be able to invoke the provisions of the Convention applying to the Contracting States and shall have the same duties as the latter.

Luxemburg, 11 december 1986

The competent Court, under Article 21 of the Convention, to determine the question whether effect should be given to a judgment delivered in pursuance of Article 20, is the Court of Appeal of Luxembourg, judging in accordance with the procedure of civil appeals, as for summary and urgent matters. Its decision is subject to appeal to the Supreme Court in compliance with the ordinary rules in civil matters.

In accordance with Article 24 of the Convention, the Courts of Luxembourg are entitled, in cases falling outside Articles 1 to 13 of the Convention, to entertain proceedings against another Contracting State to the extent to which its Courts are entitled to entertain such proceedings against States not Party to the Convention.

Nederlanden, Koninkrijk der, 21 februari 1985

I have the honour, with reference to Article 24, first paragraph, of the European Convention on State Immunity, to declare, on behalf of the Kingdom of the Netherlands that in cases not falling within Articles 1 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.

The district court (“Arrondissementsrechtbank”) of The Hague has been designated as the competent court referred to in Article 21, first paragraph, of the Convention.

Nederlanden, het Koninkrijk der, 9 januari 2012

The declarations made by the Kingdom of the Netherlands at the time of acceptance of the Convention, on 21 February 1985, are confirmed for the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba). These declarations remain valid for the European part of the Netherlands.

Oostenrijk, 10 juli 1974

The Republic of Austria declares according to Article 28, paragraph 2, of the European Convention on State Immunity that its constituent States Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tyrol, Vorarlberg and Vienna may invoke the provisions of the European Convention on State Immunity applicable to Contracting States and have the same obligations.

Oostenrijk, 11 januari 1976

In compliance with paragraph 4 of Article 21 of the European Convention on State Immunity, the Republic of Austria declares that it designates the Vienna Regional Civil Court (Landesgericht für Zivilrechtssachen Wien) as solely competent to determine whether the Republic of Austria shall give effect, in accordance with Article 20 of the above-mentioned Convention, to any judgement given by a court of another Contracting States.

Verenigd Koninkrijk, 3 juli 1979

In pursuance of the provisions of paragraph 1 of Article 24 thereof, the United Kingdom hereby declare that, in cases not falling within Article 1 to 13, their courts and the courts of any territory in respect of which they are a Party to the Convention shall be entitled to entertain proceedings against another Contracting State to extent that these courts are entitled to entertain proceedings against States not Party to the present Convention. This declaration is 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).

In pursuance of the provisions of paragraph 2 of Article 19, the United Kingdom hereby declare that their courts, and the courts of any territory in respect of which they are a Party to the Convention, shall not be bound by the provisions of paragraph 1 of that Article.

In pursuance of the provisions of paragraph 4 of Article 21, the United Kingdom hereby designate as competent courts:

in England and Wales – the High Court of Justice;

in Scotland – the Court of Session;

in Northern Ireland – the Supreme Court of Judicature;

and any other territory in respect of which they are a Party to the Convention – the Supreme Court of the territory concerned.

The question whether effect is to be given to a judgment in accordance with paragraph 1 of Article 21 may however also be justiciable in other civil courts in the exercise of their normal jurisdiction.

I have the honour to inform you that simultaneously an instrument of ratification of the International Convention for the Unification of certain Rules concerning the Immunity of State-owned Ships, done at Brussels on 10 April 1926, and of the Protocol supplementary thereto, done at Brussels on 24 May 1934, is being deposited with the Government of the Kingdom of Belgium. This instrument of ratification, signed by Her Majesty The Queen in respect of the United Kingdom of Great Britain and Northern Ireland contains the following reservations:

We reserve the right to apply Article 1 of the Convention to any claim in respect of a ship which falls within the Admiralty jurisdiction of Our courts, or of Our courts in any territory in respect of which We are party to the Convention.

We reserve the right, with respect to Article 2 of the Convention, to apply in proceedings concerning another High Contracting Party or ship of another High Contracting Party the rules of procedure set out in Chapter II of the European Convention on State Immunity, signed at Basle on the Sixteenth day of May, in the Year of the Lord One thousand Nine hundred and Seventy-two.

In order to give effect to the terms of any international agreement with a non-Contracting State, We reserve the right to make special provision

• a. as regards the delay of arrest of a ship or cargo belonging to such a State, and

• b. to prohibit seizure of or execution against such a ship or cargo.

Verenigd Koninkrijk, 27 november 1987

I have the honour to state that the notifications made to your predecessor in paragraph 1.a and b of Mr Cape's letter of 2 July 1979 [registered 3 July 1979] in connection with the said Convention shall apply equally to Guernsey, Jersey and the Isle of Man as territories in respect of which the United Kingdom is a Party to the said Convention.

In pursuance of the provisions of paragraph 4 of Article 21 of the said Convention, the United Kingdom designate as competent courts:

In Guernsey: – in the Island of Guernsey: the Royal Court of Guernsey;

• in the Island of Alderney : the Court of Alderney;

• in the Island of Sark : the Court of the Seneschal;

In Jersey: – the Royal Court of Jersey;

In the Isle of Man: – the High Court of Justice of the Isle of Man.

The question whether effect is to be given to a judgement in accordance with paragraph 1 of Article 21 may however also be justiciable in other civil courts in the exercise of their normal jurisdiction.

I have the honour to inform you that the United Kingdom is also acceding, separately in the name of Guernsey, Jersey and the Isle of Man, to the International Convention for the Unification of certain Rules concerning the Immunity of State-owned Ships, done at Brussels on 10 April 1926, and of the protocol supplementary thereto, done at Brussels on 24 May 1934, subject to the same reservations as are referred to in paragraph 2 of Mr Cape's aforementioned letter.

Zwitserland, 6 juli 1982

I have the honour to declare on behalf of the Swiss Federal Council and in accordance with Article 24 of the Convention, that in cases not falling within Articles 1 to 13, the Swiss 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.

Aanvullend Protocol

Zie Trb. 2011, 63.

G. INWERKINGTREDING

Zie Trb. 1985, 38 en Trb. 2011, 63.

J. VERWIJZINGEN

Zie Trb. 1973, 43, Trb. 1985, 38 en Trb. 2011, 63.

Uitgegeven de dertiende april 2012.

De Minister van Buitenlandse Zaken, U. ROSENTHAL