Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment

 

Article 19 — Jurisdiction

1. Actions for compensation under this Convention may only be brought
within a Party at the court of the place:

a where the damage was suffered;

b where the dangerous activity was conducted; or

c where the defendant has his habitual residence.

2. Requests for access to specific information held by operators under
Article 16, paragraphs 1 and 2 may only be submitted within a Party at
the court of the place:

a where the dangerous activity is conducted; or

b where the operator who may be required to provide the information
has his habitual residence.

3. Requests by organisations under Article 18, paragraph 1, sub-paragraph
a may only be submitted within a Party at the court or, if internal law
so provides, at a competent administrative authority of the place where
the dangerous activity is or will be conducted.

4. Requests by organisations under Article 18, paragraph 1,
sub-paragraphs b, c and d may only be submitted within a Party at the
court or, if internal law so provides, at a competent administrative
authority:

a of the place where the dangerous activity is or will be conducted;
or

b of the place where the measures are to be taken.

Article 20 — Notification

The court shall stay the proceedings so long as it is not shown that the
defendant has been able to receive the document instituting the
proceedings or an equivalent document in sufficient time to enable him to
arrange for his defence, or that all necessary steps have been taken to
this end.

Article 21 — Lis pendens

1. Where proceedings involving the same cause of action and between the
same parties are brought in the courts of different Parties, any court
other than the court first seised shall of its own motion stay its
proceedings until such time as the jurisdiction of the court first seised
is established.

2. Where the jurisdiction of the court first seised is established, any
court other than the court first seised shall decline jurisdiction in
favour of that court.

Article 22 — Related actions

1. Where related actions are brought in the courts of different Parties,
any court other than the court first seised may, while the actions are
pending at first instance, stay its proceedings.

2. A court other than the court first seised may also, on the application
of one of the parties, decline jurisdiction if the law of that court
permits the consolidation of related actions and the court first seised
has jurisdiction over both actions.

3. For the purposes of this Article, actions are deemed to be related
where they are so closely connected that it is expedient to hear and
determine them together to avoid the risk of irreconcilable judgments
resulting from separate proceedings.

Article 23 — Recognition and enforcement

1. Any decision given by a court with jurisdiction in accordance with
Article 19 above where it is no longer subject to ordinary forms of
review, shall be recognised in any Party, unless:

a such recognition is contrary to public policy in the Party in which
recognition is sought;

b it was given in default of appearance and the defendant was not
duly served with the document which instituted the proceedings or
with an equivalent document in sufficient time to enable him to
arrange for his defence;

c the decision is irreconcilable with a decision given in a dispute
between the same parties in the Party in which recognition is
sought; or

d the decision is irreconcilable with an earlier decision given in
another State involving the same cause of action and between the
same parties, provided that this latter decision fulfils the
conditions necessary for its recognition in the Party addressed.

2. A decision recognised under paragraph 1 above which is enforceable in
the Party of origin shall be enforceable in each Party as soon as the
formalities required by that Party have been completed. The formalities
shall not permit the merits of the case to be re-opened.

Article 24 — Other Treaties relating to jurisdiction,
recognition and enforcement

Whenever two or more Parties are bound by a treaty establishing rules of
jurisdiction or providing for recognition and enforcement in a Party of
decisions given in another Party, the provisions of that treaty shall
replace the corresponding provisions of Articles 19 to 23.

Chapter V — Relation between this Convention and Other provisions

Article 25 — Relation between this Convention and Other provisions

1. Nothing in this Convention shall be construed as limiting or
derogating from any of the rights of the persons who have suffered the
damage or as limiting the provisions concerning the protection or
reinstatement of the environment which may be provided under the laws of
any Party or under any other treaty to which it is a Party.

2. In their mutual relations, Parties which are members of the European
Economic Community shall apply Community rules and shall therefore not
apply the rules arising from this Convention except in so far as there is
no Community rule governing the particular subject concerned.

Chapter VI — The Standing Committee

Article 26 — The Standing Committee

1. For the purposes of this Convention, a Standing Committee is hereby
set up.

2. Each Party may be represented on the Standing Committee by one or more
delegates.

3. Each delegation shall have one vote. However, within the areas of its
competence the European Economic Community shall exercise its right to
vote in the Standing Committee with a number of votes equal to the number
of its member States which are Parties to this Convention. It shall not
exercise its right to vote in cases where the member States exercise
theirs and conversely. As long as no member State of the European
Economic Community is a Party, the Community as a Party shall have one
vote.

4. Any State referred to in Article 32 or invited to accede to the
Convention in accordance with the provisions of Article 33 which is not a
Party to this Convention may be represented on the Standing Committee by
an observer. If the European Economic Community is not a Party it may be
represented on the Standing Committee by an observer.

5. Unless, at least one month before the meeting, a Party has informed
the Secretary General of its objection, the Standing Committee may invite
the following to attend as observers at all its meetings or one or part
of a meeting:

— any State not referred to in paragraph 4 above;

— any international or national, governmental or non-governmental
body technically qualified in the fields covered by this
Convention.

6. The Standing Committee may seek the advice of experts in order to
discharge its functions.

7. The Standing Committee shall be convened by the Secretary General of
the Council of Europe. It shall meet whenever one-third of the Parties
or the Committee of Ministers of the Council of Europe so request.

8. One-third of the Parties shall constitute a quorum for holding a
meeting of the Standing Committee.

9. Decisions may only be taken in the Standing Committee if at least
one-half of the Parties are present.

10. Subject to Articles 27 and 29 to 31 the decisions of the Standing
Committee shall be taken by a majority of the members present.

11. Subject to the provisions of this Convention the Standing Committee
shall draw up its own rules of procedure.

 

Author: international

Mentioned in these Entries

Other provisions, Treaties.