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Civil Jurisdiction and Judgments Act 1982

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Changes over time for: Cross Heading: Article 40

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Point in time view as at 22/04/2014.

Changes to legislation:

Civil Jurisdiction and Judgments Act 1982, Cross Heading: Article 40 is up to date with all changes known to be in force on or before 28 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Article 40U.K.

1If the application for enforcement is refused, the applicant may appeal:

  • — in Belgium, to the cour d’appel or hof van beroep,

  • — in Denmark, to the landsret,

  • — in the Federal Republic of Germany, to the Oberlandesgericht,

  • — in Greece, to the έωετειο,

  • — in Spain, to the Audiencia Provincial,

  • — in France, to the cour d’appel,

  • — in Ireland, to the High Court,

  • — in Iceland, to the héraδsdómari,

  • — in Italy, to the corte d’appello,

  • — in Luxembourg, to the Cour supérieure de justice sitting as a court of civil appeal,

  • — in the Netherlands, to the gerechtshof,

  • — in Norway, to the lagmannsrett,

  • — in Austria, to the Landesgericht or the Kreisgericht,

  • [F4—in Poland, to the sad apelacyjny,]

  • — in Portugal, to the Tribunal da Relação,

  • — in Switzerland, to the tribunal cantonal/Kantonsgericht/tribunale cantonale,

  • — in Finland, to the hovioikeus/hovrätt,

  • — in Sweden, to the Svea hovrätt,

  • — in the United Kingdom:

    (a)

    in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court;

    (b)

    in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court;

    (c)

    in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court.

2The party against whom enforcement is sought shall be summoned to appear before the appellate court. If he fails to appear, the provisions of the second and third paragraphs of Article 20 shall apply even where he is not domiciled in any of the Contracting States.

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