The Lugano Convention: What Swiss Creditors Need to Know About Italian Courts

The framework

The 2007 Lugano Convention governs the recognition and enforcement of judgments between Switzerland and the European Union (excluding Denmark) in civil and commercial matters. Its text closely mirrors the pre-2015 Brussels I Regulation, and Italian courts routinely apply it to Swiss judgments.

What Lugano covers — and what it does not

• 01Civil and commercial judgments in contentious matters — YES.
• 02Interim measures ordered ex parte — generally NO.
• 03Arbitral awards — NO (governed by the 1958 New York Convention instead).
• 04Family law and succession — NO (specific EU regulations apply between EU states; between Switzerland and Italy, Italian statute 218/1995 governs).

The exequatur under article 38

Recognition is essentially automatic. To obtain enforcement in Italy, the Swiss creditor files an application for a declaration of enforceability before the competent Italian Court of Appeal, attaching an authenticated copy of the Swiss judgment and the standardised Annex V certificate. The court decides ex parte on a first-instance basis; the debtor may then challenge the declaration within one month (two months if resident abroad).

Interim attachment before recognition

Under article 47 of the Convention, a Swiss creditor benefiting from a Lugano-enforceable judgment can request protective measures (sequestro conservativo, pignoramento presso terzi in via cautelare) in Italy even before the exequatur declaration becomes final. This is one of the most practical advantages of the regime and is particularly relevant for Ticino-based creditors dealing with fast-moving Italian counterparts.

Documents to prepare

• 01Authenticated copy of the Swiss judgment (with apostille if issued by a canton whose seal is not directly recognised).
• 02Annex V certificate issued by the Swiss court of origin.
• 03Certified Italian translation of both.
• 04Proof of service of the underlying claim on the Italian debtor in Switzerland (where applicable).