# C_2012326EN.01004701.xml

| 26.10.2012 | EN | Official Journal of the European Union | C 326/1 |
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26.10.2012

EN

Official Journal of the European Union

C 326/1

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CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

PART THREE

UNION POLICIES AND INTERNAL ACTIONS

UNION POLICIES AND INTERNAL ACTIONS

TITLE V

AREA OF FREEDOM, SECURITY AND JUSTICE

AREA OF FREEDOM, SECURITY AND JUSTICE

CHAPTER 3

JUDICIAL COOPERATION IN CIVIL MATTERS

Article 81

(ex Article 65 TEC)

(ex Article 65 TEC)

1.   The Union shall develop judicial cooperation in civil matters having cross-border implications, based on the principle of mutual recognition of judgments and of decisions in extrajudicial cases. Such cooperation may include the adoption of measures for the approximation of the laws and regulations of the Member States.

2.   For the purposes of paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt measures, particularly when necessary for the proper functioning of the internal market, aimed at ensuring:

| (a) | the mutual recognition and enforcement between Member States of judgments and of decisions in extrajudicial cases; |
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(a)

the mutual recognition and enforcement between Member States of judgments and of decisions in extrajudicial cases;

| (b) | the cross-border service of judicial and extrajudicial documents; |
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(b)

the cross-border service of judicial and extrajudicial documents;

| (c) | the compatibility of the rules applicable in the Member States concerning conflict of laws and of jurisdiction; |
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(c)

the compatibility of the rules applicable in the Member States concerning conflict of laws and of jurisdiction;

| (d) | cooperation in the taking of evidence; |
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(d)

cooperation in the taking of evidence;

| (e) | effective access to justice; |
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(e)

effective access to justice;

| (f) | the elimination of obstacles to the proper functioning of civil proceedings, if necessary by promoting the compatibility of the rules on civil procedure applicable in the Member States; |
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(f)

the elimination of obstacles to the proper functioning of civil proceedings, if necessary by promoting the compatibility of the rules on civil procedure applicable in the Member States;

| (g) | the development of alternative methods of dispute settlement; |
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(g)

the development of alternative methods of dispute settlement;

| (h) | support for the training of the judiciary and judicial staff. |
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(h)

support for the training of the judiciary and judicial staff.

3.   Notwithstanding paragraph 2, measures concerning family law with cross-border implications shall be established by the Council, acting in accordance with a special legislative procedure. The Council shall act unanimously after consulting the European Parliament.

The Council, on a proposal from the Commission, may adopt a decision determining those aspects of family law with cross-border implications which may be the subject of acts adopted by the ordinary legislative procedure. The Council shall act unanimously after consulting the European Parliament.

The proposal referred to in the second subparagraph shall be notified to the national Parliaments. If a national Parliament makes known its opposition within six months of the date of such notification, the decision shall not be adopted. In the absence of opposition, the Council may adopt the decision.

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