European Convention on the Place of Payment of Money Liabilities, (ETS No. 75).

 

    The member States of the Council of Europe, signatory hereto,
    Considering that the aim of the Council of Europe is to achieve a greater unity between its members, in particular by the adoption of common rules in the legal field;
    Considering that it is advisable to harmonise certain rules relating to the place of payment of money liabilities,
    Have agreed as follows:

  1. Each Contracting Party undertakes that within twelve months of the date of entry into force of this Convention in respect of that Party, its national law shall conform with the rules set forth in Annex I appended hereto.
  2. The application of the rules in Annex I shall extend to all liabilities under which a sum of money is due, whether originally expressed in money or not.

    Each Contracting Party shall submit, within 24 months of the date of the entry into force of this Convention in respect of that Party, to the Secretary General of the Council of Europe a report on the implementation of this Convention, containing, in particular, the official text of any legislation introduced in consequence of its entry into force. The Secretary General shall transmit copies of the report to the other Contracting Parties.

    Each Contracting Party has the right, in specific matters or in matters of public law or with regard to payments made to or by public authorities, not to apply the provisions of Annex I or to apply them with such modifications as it considers necessary.

    This Convention shall be without prejudice to the provisions of any treaties, conventions or bilateral or multilateral agreements concluded or to be concluded, governing in special fields matters covered by this Convention.

  1. This Convention shall be open to signature by the member States of the Council of Europe. It shall be subject to ratification or acceptance. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.
  2. This Convention shall enter into force three months after the date of the deposit of the fifth instrument of ratification or acceptance.
  3. In respect of a signatory State ratifying or accepting subsequently, the Convention shall come into force three months after the date of the deposit of its instrument of ratification or acceptance.
  1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State to accede hereto.
  2. Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect three months after the date of its deposit.
  1. The provisions of this Convention or of Annex I hereto shall not be subject to any reservation with the exception of that referred to in Annex II to this Convention.
  2. Any Contracting Party may withdraw a reservation it has made in accordance with Annex II by means of a declaration addressed to the Secretary General of the Council of Europe, which shall become effective as from the date of its receipt.
  1. Any Contracting Party may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, specify the territory or territories to which this Convention shall apply.
  2. Any Contracting Party may, when depositing its instrument of ratification, acceptance or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Convention to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings.
  3. Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down in Article 9 of this Convention.
  1. This Convention shall remain in force indefinitely.
  2. Any Contracting Party may, in so far as it is concerned, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.
  3. Such denunciations shall take effect six months after the date of receipt by the Secretary General of such notification.

    The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention of:

    1. any signature;
    2. any deposit of an instrument of ratification, acceptance or accession;
    3. any date of entry into force of this Convention in accordance with Article 5 thereof;
    4. any reservation made in pursuance of the provisions of paragraph 1 of Article 7 and of Annex II;
    5. the withdrawal of any reservation carried out in pursuance of the provisions of paragraph 2 of Article 7;
    6. any declaration received in pursuance of the provisions of paragraphs 2 and 3 of Article 8;
    7. any notification received in pursuance of the provisions of Article 9 and the date on which denunciation takes effect.

    In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
    Done at Basle, this 16th day of May 1972, in English and French, both texts being equally authoritative, in a single copy which shall remain deposited in the Archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.

Annex I

    Unless a different intention of the parties appears or a different usage is applicable, the place of payment of money liabilities shall be determined by the following rules.

  1. Payment shall be made at the creditor's habitual residence at the time of payment.
  2. Nevertheless if the creditor so requires, payment shall be made at any other place in the State of the creditor's habitual residence at the time of payment or at any place in the State of the creditor's habitual residence at the time when the liability arose.
  1. Where the application of the provisions of Article 2 would require payment to be made at a place other than the creditor's habitual residence at the time when the liability arose and the discharge of the liability would be rendered substantially more onerous in consequence thereof, the debtor may refuse to pay at such place.
  2. In the event of such refusal, the place of payment shall be the place of the creditor's habitual residence at the time when the liability arose, provided that the debtor may defer payment at that place until the creditor shall have arranged for the payment to be received there by him or on his behalf. Nevertheless the creditor may designate another place in the State where the creditor had his habitual residence at the time when the liability arose, at which, subject to paragraph 1 of the present article, payment shall be made by the debtor.

    Where in accordance with the provisions of Article 2 or of Article 3, paragraph 2, payment is to be made at a place other than the creditor's habitual residence at the time when the liability arose, any increase in the expenses or any financial loss resulting from the change in the place of payment shall be borne by the creditor.

    Where the liability arises in the course of the creditor's professional or business activity, the "place of business" where this activity is carried on shall, in the preceding articles, be substituted for the "habitual residence" of the creditor.

Annex II

    Any of the States mentioned hereafter may, at the time of signature or when depositing its instrument of ratification or acceptance of the Convention, declare that it reserves the right not to apply the provisions of Article 3 of Annex I:
    Italy,
    The Netherlands.

 

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