# CE2010015EN.01012801.xml

| 21.1.2010 | EN | Official Journal of the European Union | CE 15/128 |
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21.1.2010

EN

Official Journal of the European Union

CE 15/128

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Tuesday 21 October 2008Applicable law in matrimonial matters *

P6_TA(2008)0502

European Parliament legislative resolution of 21 October 2008 on the proposal for a Council regulation amending Regulation (EC) No 2201/2003 as regards jurisdiction and introducing rules concerning applicable law in matrimonial matters (COM(2006)0399 — C6-0305/2006 — 2006/0135(CNS))

2010/C 15 E/39

(Consultation procedure)

The European Parliament,

The European Parliament

having regard to the Commission proposal to the Council (COM(2006)0399),

having regard to Article 61, point (c) and Article 67(1) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0305/2006),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Legal Affairs (A6-0361/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

4.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 5. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and the Commission.

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| RECITAL 6a (new) |
| | (6a) | The possibility of choosing the law applicable to divorce and to legal separation should not harm the superior interests of the child. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Amendment 1

RECITAL 6a (new)

RECITAL 6a (new)

(6a)

(6a)

The possibility of choosing the law applicable to divorce and to legal separation should not harm the superior interests of the child.

Amendment 2

Amendment 2

RECITAL 6b (new)

RECITAL 6b (new)

| (6b) | Before the competent jurisdiction and the applicable law are designated, it is important for the spouses to have access to up-to-date information concerning the essential aspects of national and Community law and of the procedures relating to divorce and legal separation. In order to safeguard such access to information of an appropriate quality, the Commission must regularly update the information contained in the Internet-based information system for the public established by means of Council Decision No 2001/470/EC of 28 May 2001 establishing a European Judicial Network in civil and commercial matters (1)

  . |
| --- | --- |

(6b)

(6b)

Before the competent jurisdiction and the applicable law are designated, it is important for the spouses to have access to up-to-date information concerning the essential aspects of national and Community law and of the procedures relating to divorce and legal separation. In order to safeguard such access to information of an appropriate quality, the Commission must regularly update the information contained in the Internet-based information system for the public established by means of Council Decision No 2001/470/EC of 28 May 2001 establishing a European Judicial Network in civil and commercial matters (1)

  .

Before the competent jurisdiction and the applicable law are designated, it is important for the spouses to have access to up-to-date information concerning the essential aspects of national and Community law and of the procedures relating to divorce and legal separation. In order to safeguard such access to information of an appropriate quality, the Commission must regularly update the information contained in the Internet-based information system for the public established by means of Council Decision No 2001/470/EC of 28 May 2001 establishing a European Judicial Network in civil and commercial matters (1

Amendment 3

Amendment 3

RECITAL 6c (new)

RECITAL 6c (new)

| (6c) | The possibility of choosing by common agreement the jurisdiction and the applicable law should be without prejudice to the rights of, and equal opportunities for, the two spouses. Hence judges in the Member States should be aware of the importance of an informed choice on the part of the two spouses concerning the legal implications of the agreement concluded. |
| --- | --- |

(6c)

(6c)

The possibility of choosing by common agreement the jurisdiction and the applicable law should be without prejudice to the rights of, and equal opportunities for, the two spouses. Hence judges in the Member States should be aware of the importance of an informed choice on the part of the two spouses concerning the legal implications of the agreement concluded.

Amendment 4

Amendment 4

RECITAL 7a (new)

RECITAL 7a (new)

| (7a) | The term ‘habitual residence’ should be interpreted in accordance with the purposes of this Regulation. Its meaning should be determined by the judge in each individual case and on the basis of facts. The term does not refer to a concept of national law but rather to a separate concept established in Community law. |
| --- | --- |

(7a)

(7a)

The term ‘habitual residence’ should be interpreted in accordance with the purposes of this Regulation. Its meaning should be determined by the judge in each individual case and on the basis of facts. The term does not refer to a concept of national law but rather to a separate concept established in Community law.

Amendment 5

Amendment 5

RECITAL 9a (new)

RECITAL 9a (new)

| (9a) | The informed agreement of the two spouses is a basic principle of this Regulation. Each partner in the couple should know exactly what legal and social implications follow from the choice of jurisdiction and of applicable law. |
| --- | --- |

(9a)

(9a)

The informed agreement of the two spouses is a basic principle of this Regulation. Each partner in the couple should know exactly what legal and social implications follow from the choice of jurisdiction and of applicable law.

Amendment 6

Amendment 6

ARTICLE 1, POINT 1

ARTICLE 1, POINT 1

Title (Regulation (EC) No 2201/2003)

Title (Regulation (EC) No 2201/2003)

Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility as well as
  applicable law in matrimonial matters
  .

applicable law in matrimonial matters

Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, as well as
  the law applicable to divorce and legal separation
  .

the law applicable to divorce and legal separation

Amendment 7

Amendment 7

ARTICLE 1, POINT 1A (new)

ARTICLE 1, POINT 1A (new)

Article 2, point 11a (new) (Regulation (EC) No 2201/2003)

Article 2, point 11a (new) (Regulation (EC) No 2201/2003)

| (1a) | In Article 2, the following point shall be added
  :








  11a. | the term ‘habitual residence’ shall mean a person's place of ordinary abode. |
| --- | --- | --- |

(1a)

(1a)

In Article 2, the following point shall be added
  :

In Article 2, the following point shall be added

11a.

11a.

the term ‘habitual residence’ shall mean a person's place of ordinary abode.

the term ‘habitual residence’ shall mean a person's place of ordinary abode.

Amendment 8

Amendment 8

ARTICLE 1, POINT 2

ARTICLE 1, POINT 2

Article 3a, paragraph 1, point (a) (Regulation (EC) No 2201/2003)

Article 3a, paragraph 1, point (a) (Regulation (EC) No 2201/2003)

| (a) | any of the grounds of jurisdiction listed in
  Article 3
  applies
  , or |
| --- | --- |

(a)

any of the grounds of jurisdiction listed in
  Article 3
  applies
  , or

any of the grounds of jurisdiction listed in

applies

| (a) | at the time when the agreement is concluded, the jurisdiction of that Member State is competent pursuant to
  Article 3, or |
| --- | --- |

(a)

at the time when the agreement is concluded, the jurisdiction of that Member State is competent pursuant to
  Article 3, or

at the time when the agreement is concluded, the jurisdiction of that Member State is competent pursuant to

Amendment 9

Amendment 9

ARTICLE 1, POINT 2

ARTICLE 1, POINT 2

Article 3a, paragraph 1, point (b) (Regulation (EC) No 2201/2003)

Article 3a, paragraph 1, point (b) (Regulation (EC) No 2201/2003)

| (b) | it is the
  place
  of the spouses'
  last common
  habitual residence for a minimum period of three years, or |
| --- | --- |

(b)

it is the
  place
  of the spouses'
  last common
  habitual residence for a minimum period of three years, or

place

last common

| (b) | at the time when the agreement is concluded,
  it is the
  Member State in which
  the spouses
  have had their
  habitual residence for a minimum period of three years,
  provided that this situation did not come to an end more than three years before the jurisdiction was seised
  , or |
| --- | --- |

(b)

at the time when the agreement is concluded,
  it is the
  Member State in which
  the spouses
  have had their
  habitual residence for a minimum period of three years,
  provided that this situation did not come to an end more than three years before the jurisdiction was seised
  , or

at the time when the agreement is concluded,

Member State in which

have had their

provided that this situation did not come to an end more than three years before the jurisdiction was seised

Amendment 10

Amendment 10

ARTICLE 1, POINT 2

ARTICLE 1, POINT 2

Article 3a, paragraph 1, point (c) (Regulation (EC) No 2201/2003)

Article 3a, paragraph 1, point (c) (Regulation (EC) No 2201/2003)

| (c) | one of the spouses is a national of that Member State or, in the case of the United Kingdom and Ireland, has his or her ‘domicile’ in the territory of one of the latter Member States. |
| --- | --- |

(c)

one of the spouses is a national of that Member State or, in the case of the United Kingdom and Ireland, has his or her ‘domicile’ in the territory of one of the latter Member States.

| (c) | at the time when the agreement is concluded,
  one of the spouses is a national of that Member State or, in the case of the United Kingdom and Ireland, has his or her ‘domicile’ in the territory of one of the latter Member States. |
| --- | --- |

(c)

at the time when the agreement is concluded,
  one of the spouses is a national of that Member State or, in the case of the United Kingdom and Ireland, has his or her ‘domicile’ in the territory of one of the latter Member States.

at the time when the agreement is concluded,

Amendment 11

Amendment 11

ARTICLE 1, POINT 2

ARTICLE 1, POINT 2

Article 3a, paragraph 1, point ca (new) (Regulation (EC) No 2201/2003)

Article 3a, paragraph 1, point ca (new) (Regulation (EC) No 2201/2003)

| (ca) | their marriage took place in that Member State. |
| --- | --- |

(ca)

(ca)

their marriage took place in that Member State.

Amendment 12

Amendment 12

ARTICLE 1, POINT 2

ARTICLE 1, POINT 2

Article 3a, paragraph 2 (Regulation (EC) No 2201/2003)

Article 3a, paragraph 2 (Regulation (EC) No 2201/2003)

| 2. | An agreement conferring jurisdiction
  shall be expressed in writing and signed by both spouses
  at the latest at the time the court is seised. |
| --- | --- |

2.

An agreement conferring jurisdiction
  shall be expressed in writing and signed by both spouses
  at the latest at the time the court is seised.

shall be expressed in writing and signed by both spouses

| 2. | An agreement conferring jurisdiction
  may be concluded or altered at any time, but
  at the latest at the time the court is seised.
  It shall apply to the last court level.




  The agreement shall be expressed in writing, dated and signed by both spouses. If the law of the Member State in which one of the spouses has their habitual residence at the time the agreement is made provides for any additional formal requirements for such agreements, those requirements must be fulfilled. If the spouses have their habitual residence in different Member States whose respective laws provide for additional formal requirements, the agreement shall be valid if it complies with the requirements of the law of one of those Member States
  .


  If the agreement forms part of a marriage contract, the formal requirements of that marriage contract must be fulfilled. |
| --- | --- |

2.

An agreement conferring jurisdiction
  may be concluded or altered at any time, but
  at the latest at the time the court is seised.
  It shall apply to the last court level.

may be concluded or altered at any time, but

It shall apply to the last court level.

The agreement shall be expressed in writing, dated and signed by both spouses. If the law of the Member State in which one of the spouses has their habitual residence at the time the agreement is made provides for any additional formal requirements for such agreements, those requirements must be fulfilled. If the spouses have their habitual residence in different Member States whose respective laws provide for additional formal requirements, the agreement shall be valid if it complies with the requirements of the law of one of those Member States
  .

The agreement shall be expressed in writing, dated and signed by both spouses. If the law of the Member State in which one of the spouses has their habitual residence at the time the agreement is made provides for any additional formal requirements for such agreements, those requirements must be fulfilled. If the spouses have their habitual residence in different Member States whose respective laws provide for additional formal requirements, the agreement shall be valid if it complies with the requirements of the law of one of those Member States

If the agreement forms part of a marriage contract, the formal requirements of that marriage contract must be fulfilled.

If the agreement forms part of a marriage contract, the formal requirements of that marriage contract must be fulfilled.

Amendment 13

Amendment 13

ARTICLE 1, POINT 3

ARTICLE 1, POINT 3

Articles 4 and 5 (Regulation (EC) No 2201/2003)

Articles 4 and 5 (Regulation (EC) No 2201/2003)

| (3) | In Articles 4 and 5, the terms ‘Article 3’ are replaced by the terms ‘Articles 3
  and
  3a’. |
| --- | --- |

(3)

In Articles 4 and 5, the terms ‘Article 3’ are replaced by the terms ‘Articles 3
  and
  3a’.

and

| (3) | In Articles 4 and 5, the terms ‘Article 3’ are replaced by the terms ‘Articles 3
  ,
  3a
  and 7
  ’. |
| --- | --- |

(3)

In Articles 4 and 5, the terms ‘Article 3’ are replaced by the terms ‘Articles 3
  ,
  3a
  and 7
  ’.

,

and 7

Amendment 14

Amendment 14

ARTICLE 1, POINT 5

ARTICLE 1, POINT 5

Article 7, point a (Regulation (EC) No 2201/2003)

Article 7, point a (Regulation (EC) No 2201/2003)

| (a) | the spouses had their
  common previous
  habitual residence in the territory of that Member State for at least three years; or |
| --- | --- |

(a)

the spouses had their
  common previous
  habitual residence in the territory of that Member State for at least three years; or

common previous

| (a) | the spouses
  previously
  had their habitual residence in the territory of that Member State for at least three years
  , provided that the end of that period does not precede the seisure of the jurisdiction by more than three years
  ; or |
| --- | --- |

(a)

the spouses
  previously
  had their habitual residence in the territory of that Member State for at least three years
  , provided that the end of that period does not precede the seisure of the jurisdiction by more than three years
  ; or

previously

, provided that the end of that period does not precede the seisure of the jurisdiction by more than three years

Amendment 15

Amendment 15

ARTICLE 1, POINT 5A (new)

ARTICLE 1, POINT 5A (new)

Article 7a (new) (Regulation (EC) No 2201/2003)

Article 7a (new) (Regulation (EC) No 2201/2003)

| (5a) | The following article is inserted:


  Article 7a


  Forum necessitatis



  Where the jurisdiction which is competent pursuant to this Regulation is located in a Member State under whose law there is no provision for divorce or the existence or the validity of the marriage in question is not recognised, jurisdiction shall be granted to:










  (a) | the Member State of which one of the spouses is a national; or |
| --- | --- | --- |

(5a)

(5a)

The following article is inserted:

Article 7a

Article 7a

Forum necessitatis

Forum necessitatis

Where the jurisdiction which is competent pursuant to this Regulation is located in a Member State under whose law there is no provision for divorce or the existence or the validity of the marriage in question is not recognised, jurisdiction shall be granted to:

Where the jurisdiction which is competent pursuant to this Regulation is located in a Member State under whose law there is no provision for divorce or the existence or the validity of the marriage in question is not recognised, jurisdiction shall be granted to:

(a)

(a)

the Member State of which one of the spouses is a national; or

the Member State of which one of the spouses is a national; or

| (b) | the Member State in which the marriage took place. |
| --- | --- |

(b)

(b)

the Member State in which the marriage took place.

the Member State in which the marriage took place.

Amendment 16

Amendment 16

ARTICLE 1, POINT 6

ARTICLE 1, POINT 6

Article 12, paragraph 1 (Regulation (EC) No 2201/2003)

Article 12, paragraph 1 (Regulation (EC) No 2201/2003)

| (6) | In Article 12 (1), the terms ‘Article 3’ are replaced by the terms ‘Articles 3
  and
  3a’. |
| --- | --- |

(6)

In Article 12 (1), the terms ‘Article 3’ are replaced by the terms ‘Articles 3
  and
  3a’.

and

| (6) | In Article 12 (1), the terms ‘Article 3’ are replaced by the terms ‘Articles 3
  ,
  3a
  and 7
  ’. |
| --- | --- |

(6)

In Article 12 (1), the terms ‘Article 3’ are replaced by the terms ‘Articles 3
  ,
  3a
  and 7
  ’.

,

and 7

Amendment 38

Amendment 38

ARTICLE 1 — POINT 7

ARTICLE 1 — POINT 7

Article 20a — paragraph 1 — introductory part (Regulation (EC) No 2201/2003)

Article 20a — paragraph 1 — introductory part (Regulation (EC) No 2201/2003)

1.   The spouses may agree to designate the law applicable to divorce and legal separation. The spouses may agree to designate one of the following laws:

1.   The spouses may agree to designate the law applicable to divorce and legal separation
  provided that such law is in conformity with the fundamental rights defined in the Treaties and in the Charter of Fundamental Rights of the European Union and the principle of public policy
  . The spouses may agree to designate one of the following laws:

provided that such law is in conformity with the fundamental rights defined in the Treaties and in the Charter of Fundamental Rights of the European Union and the principle of public policy

Amendment 18

Amendment 18

ARTICLE 1, POINT 7

ARTICLE 1, POINT 7

Article 20a, paragraph 1, point -a (new) (Regulation (EC) No 2201/2003)

Article 20a, paragraph 1, point -a (new) (Regulation (EC) No 2201/2003)

| (-a) | the law of the State in which the spouses have their habitual residence at the time when the agreement is concluded; |
| --- | --- |

(-a)

(-a)

the law of the State in which the spouses have their habitual residence at the time when the agreement is concluded;

Amendment 19

Amendment 19

ARTICLE 1, POINT 7

ARTICLE 1, POINT 7

Article 20a, paragraph 1, point a (Regulation (EC) No 2201/2003)

Article 20a, paragraph 1, point a (Regulation (EC) No 2201/2003)

| (a) | the law of the State of
  the last common
  habitual residence of the spouses insofar as one of them still resides there; |
| --- | --- |

(a)

the law of the State of
  the last common
  habitual residence of the spouses insofar as one of them still resides there;

the last common

| (a) | the law of the State of habitual residence of the spouses insofar as one of them still resides there
  at the time when the agreement is concluded
  ; |
| --- | --- |

(a)

the law of the State of habitual residence of the spouses insofar as one of them still resides there
  at the time when the agreement is concluded
  ;

at the time when the agreement is concluded

Amendment 20

Amendment 20

ARTICLE 1, POINT 7

ARTICLE 1, POINT 7

Article 20a, paragraph 1, point b (Regulation (EC) No 2201/2003)

Article 20a, paragraph 1, point b (Regulation (EC) No 2201/2003)

| (b) | the law of the State of the nationality of either spouse, or, in the case of United Kingdom and Ireland, the ‘domicile’ of either spouse; |
| --- | --- |

(b)

the law of the State of the nationality of either spouse, or, in the case of United Kingdom and Ireland, the ‘domicile’ of either spouse;

| (b) | the law of the State of the nationality of either spouse, or, in the case of United Kingdom and Ireland, the ‘domicile’ of either spouse
  at the time when the agreement is concluded
  ; |
| --- | --- |

(b)

the law of the State of the nationality of either spouse, or, in the case of United Kingdom and Ireland, the ‘domicile’ of either spouse
  at the time when the agreement is concluded
  ;

at the time when the agreement is concluded

Amendment 21

Amendment 21

ARTICLE 1, POINT 7

ARTICLE 1, POINT 7

Article 20a, paragraph 1, point c (Regulation (EC) No 2201/2003)

Article 20a, paragraph 1, point c (Regulation (EC) No 2201/2003)

| (c) | the law of the State where the spouses have
  resided
  for at least
  five
  years; |
| --- | --- |

(c)

the law of the State where the spouses have
  resided
  for at least
  five
  years;

resided

five

| (c) | the law of the State where the spouses have
  previously had their habitual residence
  for at least
  three
  years; |
| --- | --- |

(c)

the law of the State where the spouses have
  previously had their habitual residence
  for at least
  three
  years;

previously had their habitual residence

three

Amendments 22 and 23

Amendments 22 and 23

ARTICLE 1, POINT 7

ARTICLE 1, POINT 7

Article 20a, paragraph 1, point ca (new) (Regulation (EC) No 2201/2003)

Article 20a, paragraph 1, point ca (new) (Regulation (EC) No 2201/2003)

| (ca) | the law of the State in which the marriage took place; |
| --- | --- |

(ca)

(ca)

the law of the State in which the marriage took place;

Amendment 24

Amendment 24

ARTICLE 1, POINT 7

ARTICLE 1, POINT 7

Article 20a, paragraph 2 (Regulation (EC) No 2201/2003)

Article 20a, paragraph 2 (Regulation (EC) No 2201/2003)

2.   An agreement designating the applicable law shall be expressed in writing and be signed by both spouses at the latest at the time the court is seised.

2.   An agreement designating the applicable law shall be expressed in writing and be signed by both spouses at the latest at the time the court is seised.

However, if the law of the Member State in which one of the spouses has his or her habitual residence at the time when the agreement is concluded stipulates additional formal requirements for such agreements, those requirements must be met. If the spouses have their habitual residence in different Member States whose respective laws stipulate additional formal requirements, the agreement shall be valid if it meets the requirements of the law of one of those Member States
  .

However, if the law of the Member State in which one of the spouses has his or her habitual residence at the time when the agreement is concluded stipulates additional formal requirements for such agreements, those requirements must be met. If the spouses have their habitual residence in different Member States whose respective laws stipulate additional formal requirements, the agreement shall be valid if it meets the requirements of the law of one of those Member States

If the agreement forms part of a marriage contract, the formal requirements of that contract must be met.

If the agreement forms part of a marriage contract, the formal requirements of that contract must be met.

Amendment 25

Amendment 25

ARTICLE 1, POINT 7

ARTICLE 1, POINT 7

Article 20a, paragraph 2a (new) (Regulation (EC) No 2201/2003)

Article 20a, paragraph 2a (new) (Regulation (EC) No 2201/2003)

2a.
     
  Should the law indicated pursuant to the first paragraph not recognise legal separation or divorce or do so in a form that is discriminatory as regards one of the spouses, the lex fori shall apply.

2a.

Should the law indicated pursuant to the first paragraph not recognise legal separation or divorce or do so in a form that is discriminatory as regards one of the spouses, the lex fori shall apply.

Amendment 27

Amendment 27

ARTICLE 1, POINT 7

ARTICLE 1, POINT 7

Article 20b, point a (Regulation (EC) No 2201/2003)

Article 20b, point a (Regulation (EC) No 2201/2003)

| (a) | where the spouses have their
  common
  habitual residence, or failing that, |
| --- | --- |

(a)

where the spouses have their
  common
  habitual residence, or failing that,

common

| (a) | where the spouses have their habitual residence
  at the time when the jurisdiction is seised,
  or failing that, |
| --- | --- |

(a)

where the spouses have their habitual residence
  at the time when the jurisdiction is seised,
  or failing that,

at the time when the jurisdiction is seised,

Amendment 28

Amendment 28

ARTICLE 1, POINT 7

ARTICLE 1, POINT 7

Article 20b, point b (Regulation (EC) No 2201/2003)

Article 20b, point b (Regulation (EC) No 2201/2003)

| (b) | where the spouse had their
  last common
  habitual residence insofar as one of them still resides there, or failing that, |
| --- | --- |

(b)

where the spouse had their
  last common
  habitual residence insofar as one of them still resides there, or failing that,

last common

| (b) | where the spouses had their habitual residence insofar as one of them still resides there
  at the time when the jurisdiction is seised
  , or failing that, |
| --- | --- |

(b)

where the spouses had their habitual residence insofar as one of them still resides there
  at the time when the jurisdiction is seised
  , or failing that,

s

at the time when the jurisdiction is seised

Amendment 29

Amendment 29

ARTICLE 1, POINT 7

ARTICLE 1, POINT 7

Article 20b, point c (Regulation (EC) No 2201/2003)

Article 20b, point c (Regulation (EC) No 2201/2003)

| (c) | of which both spouses are nationals, or, in the case of United Kingdom and Ireland, both have their ‘domicile’, or failing that, |
| --- | --- |

(c)

of which both spouses are nationals, or, in the case of United Kingdom and Ireland, both have their ‘domicile’, or failing that,

| (c) | of which both spouses are nationals, or, in the case of the United Kingdom and Ireland,
  in which
  both
  spouses
  have their ‘domicile’
  at the time at which the jurisdiction is seised
  , or failing that, |
| --- | --- |

(c)

of which both spouses are nationals, or, in the case of the United Kingdom and Ireland,
  in which
  both
  spouses
  have their ‘domicile’
  at the time at which the jurisdiction is seised
  , or failing that,

the

in which

spouses

at the time at which the jurisdiction is seised

Amendment 30

Amendment 30

ARTICLE 1, POINT 7

ARTICLE 1, POINT 7

Article 20b, subparagraph 1a (new) (Regulation (EC) No 2201/2003)

Article 20b, subparagraph 1a (new) (Regulation (EC) No 2201/2003)

Should the law indicated pursuant to the first point not recognise legal separation or divorce or do so in a form that is discriminatory as regards one of the spouses, the lex fori shall apply.

Should the law indicated pursuant to the first point not recognise legal separation or divorce or do so in a form that is discriminatory as regards one of the spouses, the lex fori shall apply.

Amendment 31

Amendment 31

ARTICLE 1, POINT 7

ARTICLE 1, POINT 7

Article 20ea (new) (Regulation (EC) No 2201/2003)

Article 20ea (new) (Regulation (EC) No 2201/2003)

Article 20ea

Article 20ea

Information from the Member States

Information from the Member States

1.
     
  By ... at the latest (2), the Member States shall notify the Commission of their national rules concerning the formal requirements applying to agreements relating to the choice of competent jurisdiction and of the applicable law.

1.

By ... at the latest (2

The Member States shall notify the Commission of any subsequent change to those rules.

The Member States shall notify the Commission of any subsequent change to those rules.

2.
     
  The Commission shall make available to the public the information which has been notified to it pursuant to paragraph 1 by means of appropriate measures, in particular the European Judicial Network in civil and commercial matters.

2.

The Commission shall make available to the public the information which has been notified to it pursuant to paragraph 1 by means of appropriate measures, in particular the European Judicial Network in civil and commercial matters.

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(1)  

  OJ L 174, 27.6.2001, p. 25.

1

OJ L 174, 27.6.2001, p. 25.

(2)  
  Three months after the date on which this Regulation comes into force.

2

Three months after the date on which this Regulation comes into force.

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