D

DECLARATIONS LODGED BY THE KINGDOM OF NORWAY UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION

DECLARATIONS
LODGED BY THE KINGDOM OF NORWAY UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION

 

 

Pursuant to Article 39 of the Convention, Norway declares that

(A) all categories of non-consensual rights or interests which under Norwegian law have 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; and

(B) nothing in the Convention shall affect the right of Norway or that of any entity thereof, any intergovernmental organization in which Norway is a member State, or other private provider of public services in Norway to arrest or detain an aircraft object under Norwegian law for payment of amounts owed to any such entity, organization, or provider directly relating to the services provided by it in respect of that object or another object.

Pursuant to Article 40 of the Convention Norway declares that the following categories of non-consensual right or interest:

a. rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgement; and

b. liens or other rights of a state entity relating to taxes or other unpaid charges

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.

Pursuant to Article 54(2) of the Convention, Norway 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.

Pursuant to Article 55 of the Cape Town Convention, Norway declares that where the debtor is domiciled in the territory of a European Economic Area, the Member States bound by The Lugano Convention 1998 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 1998 Lugano Convention on jurisdiction and the enforcement of judgments in civil and commercial matters.

 

*

*     *

Declarations lodged by the Kingdom of Norway under the Aircraft Protocol

 

ATTENTION
Reproduction of these texts is permitted for non-commercial or academic use. For any other use, requests for authorization to reproduce the texts are to be addressed to the UNIDROIT Secretariat at info@unidroit.org and the Director of the Bureau of Administration and Services of the International Civil Aviation Organization (ICAO) at ADB@icao.int