The Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the ‘Lugano Convention’) creates a system for recognition and enforcement of foreign judgements in civil and commercial matters between EU Member States and EFTA states (Iceland, Norway, and Switzerland). This Convention is similar to the Brussels I Regulation¹ (prior to its recast form Regulation 1215/2012) and requires the filing of an exequatur for a judgement to be formally recognised and enforced in another contracting State.

A recent judgement of the Maltese Courts (Rik nru 94/2025 MS) decided on the 14th March 2025 by the First Hall Civil Court sheds light on some key considerations applicable to enforcements of foreign judgements under the Lugano Convention.

In this case, the plaintiff filed an application to obtain a declaration of enforceability of a Swiss judgment pronounced by the Court of Justice – Criminal Appeal Review Chamber (the ‘Swiss Judgement’) in terms of the Lugano Convention. In the Swiss Judgement the defendant was found guilty of fraud and sentenced to 18 months of imprisonment, along with a suspended period of probation. Additionally, he was also ordered to compensate the injured party (parte civile) for material damages suffered in the amount of $1,742,465 with interest.

Considerations of the Court – Enforcement of a judgement regarding “civil and commercial matters” pronounced by a Criminal Court

In its judgement, the Maltese Court confirmed that although the Swiss Judgement was pronounced by court of criminal jurisdiction, this did not prejudice the applicant’s right to request a declaration of enforceability under the Lugano Convention, this given that article 1(1) of the Convention states that “This Convention shall apply in civil and commercial matters whatever the nature of the court or tribunal.”

On this point, the Court quoted Civil Jurisdiction and Judgments in Europe, (2nd Edition) by Professor Trevor Hartley² who stated:

“According to Article 1(1), Brussels 2012 applies ‘in civil and commercial matters whatever the nature of the court or tribunal’. So what is important is whether the ‘matter’ is civil or commercial, not whether the court is civil or commercial. In some Member States, it is possible for the victim of a crime (or perhaps a member of the victim’s family) to join a civil claim for damages or restitution to the criminal proceedings. The civil claim must be against the accused and must be based on the crime. A civil claim is thus made in the course of the criminal trial. If successful, it will result in a civil judgment in addition to the criminal one.”

Therefore, since the Swiss Judgement also ordered the defendant to pay damages to the injured party, the enforcement of this judgment given by the Swiss Criminal Court ‘civil and commercial’ in nature and thus could be enforced through the Lugano Convention.

After reviewing the apostilled judgement of the Court of Justice – Criminal Appeal Review Chamber and the Annex V Certificate filed by the injured party, as mandated by article 53 of the Lugano Convention, the Court proceeded to accede to the request and declared the Swiss judgement enforceable in Malta.

This Maltese judgement confirms that the notion of “civil and commercial matters” which limits the scope of the Lugano Convention and Brussels I Recast Regulation, is not limited to judgments given by Civil and Commercial “Courts”, and may thus include judgments given by other Courts or Tribunals insofar as they concern ‘civil and commercial matters’, in line with case law on the matter.

¹ Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

² Trevor Hartley, Civil Jurisdiction and Judgments in Europe, (2nd Edition), pg. 148