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DECLARATIONS

LODGED BY ICELAND UNDER THE CAPE TOWN CONVENTION

AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION

 

 

[The declarations under Articles 39(1)(a), 39(1)(b), 40, 53, 54(2) and 55, deposited on 23 June 2020, will enter into force on 1 October 2020]

 

 

Article 39

 

Pursuant to Article 39 of the Convention, Iceland declares that:

 

(A)      any non-consensual right or interest under Icelandic law existing at the date of this declaration or created after that date, that has priority over an interest in an object equivalent to that of the holder of a registered international interest shall to that extent have priority over a registered international interest, whether in or outside insolvency proceedings.

 

(B)       nothing in in the Convention shall affect the right of the Government of Iceland, or that of any entity thereof, governmental entity, intergovernmental organization or other private provider of public services to arrest or detain an object under the laws of Iceland for payment of amounts owed to that government, entity, organization or provider directly relating to those services in respect of that object or another object.

 

 

Article 40

 

Iceland declares that for purposes of Article 40 of the Convention a non-consensual right or interest arising under Icelandic law in which an object is subject to attachment or seizure (including provisionally), shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.

 

 

Article 53

 

Pursuant to Article 53 of the Convention, Iceland declares that the District Court of Reykjavik (Héraðsdómur Reykjavíkur) is the relevant court for the purposes of Article 1 and Chapter XII of the Convention.

 

 

Article 54(2)

 

Pursuant to Article 54(2) of the Convention, Iceland declares that any remedies available to the creditor under the Convention may be exercised without court intervention or action unless the intervention of the court is expressly required by the provisions of the Cape Town Convention.

 

 

Article 55

 

Pursuant to Article 55 of the Convention, it is declared that where the debtor is domiciled in the territory of a European Economic Area, the Member States bound by The Lugano Convention 1988 and 2007 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters, will apply Articles 13 and 43 of the Cape Town Convention for interim relief only in accordance with Article 31 of the 2007 Lugano Convention interpreted in the context of Article 24 of the 1988 Lugano Convention on jurisdiction and the enforcement of judgments in civil and commercial matters.

 

 

 

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Declarations lodged by Iceland under the Aircraft Protocol

 

 

 

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