2000R1347 — EN — 01.05.2004 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EC) No 1347/2000
of 29 May 2000
on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in
matters of parental responsibility for children of both spouses
(OJ L 160, 30.6.2000, p. 19)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EC) No 1185/2002 of 1 July 2002 L 173 3 3.7.2002
Amended by:
►A1 Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,the Republic of Lithuania, the Republic of Hungary, the Republic ofMalta, the Republic of Poland, the Republic of Slovenia and the Slovak
Republic and the adjustments to the Treaties on which the European
Union is foundedL 236 33 23.9.2003
▼B
COUNCIL REGULATION (EC) No 1347/2000
of 29 May 2000
on jurisdiction and the recognition and enforcement of judgments
in matrimonial matters and in matters of parental responsibility
for children of both spouses
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Article 61(c) and Article 67(1) thereof,
Having regard to the proposal from the Commission (
1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social
Committee (3),
Whereas:
(1) The Member States have set themselves the objective of main-
taining and developing the Union as an area of freedom,
security and justice, in which the free movement of persons is
assured. To establish such an area, the Community is to adopt,among others, the measures in the field of judicial cooperationin civil matters needed for the proper functioning of the internalmarket.
(2) The proper functioning of the internal market entails the need to
improve and simplify the free movement of judgments in civil
matters.
(3) This is a subject now falling within the ambit of Article 65 ofthe Treaty.
(4) Differences between certain national rules governing jurisdictionand enforcement hamper the free movement of persons and thesound operation of the internal market. There are accordingly
grounds for enacting provisions to unify the rules of conflict of
jurisdiction in matrimonial matters and in matters of parentalresponsibility so as to simplify the formalities for rapid and auto-matic recognition and enforcement of judgments.
(5) In accordance with the principles of subsidiarity and proportion-ality as set out in Article 5 of the Treaty, the objectives of thisRegulation cannot be sufficiently achieved by the Member States
and can therefore be better achieved by the Community. This
Regulation does not go beyond what is necessary to achievethose objectives.
(6) The Council, by an Act (4) dated 28 May 1998, drew up a
Convention on jurisdiction and the recognition and enforcementof judgments in matrimonial matters and recommended it for
adoption by the Member States in accordance with their respec-
tive constitutional rules. Continuity in the results of thenegotiations for conclusion of the Convention should be ensured.The content of this Regulation is substantially taken over fromthe Convention, but this Regulation contains a number of newprovisions not in the Convention in order to secure consistency
with certain provisions of the proposed regulation on jurisdiction
and the recognition and enforcement of judgments in civil andcommercial matters.2000R1347 — EN — 01.05.2004 — 002.001 — 2
(1) OJ C 247, 31.8.1999, p. 1.
(2) Opinion delivered on 17 November 1999 (not yet published in the Official
Journal).
(3) OJ C 368, 20.12.1999, p. 23.
(4) OJ C 221, 16.7.1998; p. 1. On the same day as the Convention was drawn
up, the Council took note of the explanatory report to the Convention, as
prepared by Prof. Alegría Borrás. This explanatory report is set out on
page 27 of the aforementioned Official Journal.
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(7) In order to attain the objective of free movement of judgments in
matrimonial matters and in matters of parental responsibility
within the Community, it is necessary and appropriate that thecross-border recognition of jurisdiction and judgments in relationto the dissolution of matrimonial ties and to parental responsi-bility for the children of both spouses be governed by amandatory, and directly applicable, Community legal instrument.
(8) The measures laid down in this Regulation should be consistentand uniform, to enable people to move as widely as possible.Accordingly, it should also apply to nationals of non-memberStates whose links with the territory of a Member State are suffi-
ciently close, in keeping with the grounds of jurisdiction laid
down in the Regulation.
(9) The scope of this Regulation should cover civil proceedings and
non-judicial proceedings in matrimonial matters in certain States,
and exclude purely religious procedures. It should therefore beprovided that the reference to ‘courts’ includes all the authori-ties, judicial or otherwise, with jurisdiction in matrimonialmatters.
(10) This Regulation should be confined to proceedings relating todivorce, legal separation or marriage annulment. The recognitionof divorce and annulment rulings affects only the dissolution ofmatrimonial ties; despite the fact that they may be interrelated,the Regulation does not affect issues such as the fault of the
spouses, property consequences of the marriage, the maintenance
obligation or any other ancillary measures.
(11) This Regulation covers parental responsibility for children of
both spouses on issues that are closely linked to proceedings for
divorce, legal separation or marriage annulment.
(12) The grounds of jurisdiction accepted in this Regulation are basedon the rule that there must be a real link between the party
concerned and the Member State exercising jurisdiction; the
decision to include certain grounds corresponds to the fact thatthey exist in different national legal systems and are acceptedby the other Member States.
(13) One of the risks to be considered in relation to the protection ofthe children of both spouses in a marital crisis is that one of theparents will take the child to another country. The fundamentalinterests of the children must therefore be protected, in accor-dance with, in particular, the Hague Convention of 25 October
1980 on the Civil Aspects of the International Abduction of
Children. The lawful habitual residence is accordingly main-tained as the grounds of jurisdiction in cases where, because thechild has been moved or has not been returned without lawfulreason, there has been a de facto change in the habitual resi-dence.
(14) This Regulation does not prevent the courts of a Member Statefrom taking provisional, including protective, measures, inurgent cases, with regard to persons or property situated in thatState.
(15) The word ‘judgment’ refers only to decisions that lead todivorce, legal separation or marriage annulment. Those docu-ments which have been formally drawn up or registered asauthentic instruments and are enforceable in one Member State
are treated as equivalent to such ‘judgments’.
(16) The recognition and enforcement of judgments given in a
Member State are based on the principle of mutual trust. The
grounds for non-recognition are kept to the minimum required.
Those proceedings should incorporate provisions to ensureobservance of public policy in the State addressed and to safe-guard the rights of the defence and those of the parties,including the individual rights of any child involved, and so asto withhold recognition of irreconcilable judgments.2000R1347 — EN — 01.05.2004 — 002.001 — 3
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(17) The State addressed should review neither the jurisdiction of the
State of origin nor the findings of fact.
(18) No procedures may be required for the updating of civil-status
documents in one Member State on the basis of a final judgmentgiven in another Member State.
(19) The Convention concluded by the Nordic States in 1931 shouldbe capable of application within the limits set by this Regulation.
(20) Spain, Italy and Portugal had concluded Concordats before the
matters covered by this Regulation were brought within the
ambit of the Treaty: It is necessary to ensure that these Statesdo not breach their international commitments in relation to theHoly See.
(21) The Member States should remain free to agree among them-selves on practical measures for the application of the
Regulation as long as no Community measures have been taken
to that end.
(22) Annexes I to III relating to the courts and redress proceduresshould be amended by the Commission on the basis of amend-ments transmitted by the Member State concerned.Amendments to Annexes IV and V should be adopted in accor-
dance with Council Decision 1999/468/EC of 28 June 1999
laying down the procedures for the exercise of implementingpowers conferred on the Commission (
1).
(23) No later than five years after the date of the entry into force ofthis Regulation, the Commission is to review its application andpropose such amendments as may appear necessary.
(24) The United Kingdom and Ireland, in accordance with Article 3of the Protocol on the position of the United Kingdom andIreland annexed to the Treaty on European Union and the Treatyestablishing the European Community, have given notice of theirwish to take part in the adoption and application of this Regula-tion.
(25) Denmark, in accordance with Articles 1 and 2 of the Protocol onthe position of Denmark annexed to the Treaty on EuropeanUnion and the Treaty establishing the European Community, isnot participating in the adoption of this Regulation, and is there-fore not bound by it nor subject to its application,
HAS ADOPTED THIS REGULATION:
CHAPTER I
SCOPE
Article 1
1. This Regulation shall apply to:
(a) civil proceedings relating to divorce, legal separation or marriage
annulment;
(b) civil proceedings relating to parental responsibility for the children
of both spouses on the occasion of the matrimonial proceedingsreferred to in (a).
2. Other proceedings officially recognised in a Member State shall
be regarded as equivalent to judicial proceedings. The term ‘court’shall cover all the authorities with jurisdiction in these matters in the
Member States.
3. In this Regulation, the term ‘Member State’ shall mean all
Member States with the exception of Denmark.2000R1347 — EN — 01.05.2004 — 002.001 — 4
(1) OJ L 184, 17.7.1999, p. 23.
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CHAPTER II
JURISDICTION
Section 1
General provisions
Article 2
Divorce, legal separation and marriage annulment
1. In matters relating to divorce, legal separation or marriage annul-
ment, jurisdiction shall lie with the courts of the Member State:
(a) in whose territory:
— the spouses are habitually resident, or
— the spouses were last habitually resident, in so far as one of
them still resides there, or
— the respondent is habitually resident, or
— in the event of a joint application, either of the spouses is habi-
tually resident, or
— the applicant is habitually resident if he or she resided there for
at least a year immediately before the application was made, or
— the applicant is habitually resident if he or she resided there for
at least six months immediately before the application was
made and is either a national of the Member State in question
or, in the case of the United Kingdom and Ireland, has his‘domicile’ there;
(b) of the nationality of both spouses or, in the case of the United
Kingdom and Ireland, of the ‘domicile’ of both spouses.
2. For the purpose of this Regulation, ‘domicile’ shall have the same
meaning as it has under the legal systems of the United Kingdom andIreland.
Article 3
Parental responsibility
1. The Courts of a Member State exercising jurisdiction by virtue of
Article 2 on an application for divorce, legal separation or marriageannulment shall have jurisdiction in a matter relating to parentalresponsibility over a child of both spouses where the child is habituallyresident in that Member State.
2. Where the child is not habitually resident in the Member State
referred to in paragraph 1, the courts of that State shall have jurisdic-
tion in such a matter if the child is habitually resident in one of the
Member States and:
(a) at least one of the spouses has parental responsibility in relation to
the child;
and
(b) the jurisdiction of the courts has been accepted by the spouses and
is in the best interests of the child.
3. The jurisdiction conferred by paragraphs 1 and 2 shall cease as
soon as:
(a) the judgment allowing or refusing the application for divorce, legal
separation or marriage annulment has become final;
or
(b) in those cases where proceedings in relation to parental responsi-
bility are still pending on the date referred to in (a), a judgment inthese proceedings has become final;
or
(c) the proceedings referred to in (a) and (b) have come to an end for
another reason.2000R1347 — EN — 01.05.2004 — 002.001 — 5
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Article 4
Child abduction
The courts with jurisdiction within the meaning of Article 3 shall exer-
cise their jurisdiction in conformity with the Hague Convention of25 October 1980 on the Civil Aspects of International Child Abduction,
and in particular Articles 3 and 16 thereof.
Article 5
Counterclaim
The court in which proceedings are pending on the basis of Articles 2
to 4 shall also have jurisdiction to examine a counterclaim, in so far asthe latter comes within the scope of this Regulation.
Article 6
Conversion of legal separation into divorce
Without prejudice to Article 2, a court of a Member State which has
given a judgment on a legal separation shall also have jurisdiction for
converting that judgment into a divorce, if the law of that Member
State so provides.
Article 7
Exclusive nature of jurisdiction under Articles 2 to 6
A spouse who:
(a) is habitually resident in the territory of a Member State;
or
(b) is a national of a Member State, or, in the case of the United
Kingdom and Ireland, has his or her ‘domicile’ in the territory ofone of the latter Member States,
may be sued in another Member State only in accordance with
Articles 2 to 6.
Article 8
Residual jurisdiction
1. Where no court of a Member State has jurisdiction pursuant to
Articles 2 to 6, jurisdiction shall be determined, in each Member State,
by the laws of that State.
2. As against a respondent who is not habitually resident and is not
either a national of a Member State or, in the case of the UnitedKingdom and Ireland, does not have his ‘domicile’ within the territoryof one of the latter Member States, any national of a Member State
who is habitually resident within the territory of another Member State
may, like the nationals of that State, avail himself of the rules of juris-diction applicable in that State.
Section 2
Examination as to jurisdiction and admissibility
Article 9
Examination as to jurisdiction
Where a court of a Member State is seised of a case over which it has
no jurisdiction under this Regulation and over which a court of anotherMember State has jurisdiction by virtue of this Regulation, it shalldeclare of its own motion that it has no jurisdiction.2000R1347 — EN — 01.05.2004 — 002.001 — 6
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Article 10
Examination as to admissibility
1. Where a respondent habitually resident in a State other than the
Member State where the action was brought does not enter an appear-ance, the court with jurisdiction shall stay the proceedings so long as it
is not shown that the respondent has been able to receive the document
instituting the proceedings or an equivalent document in sufficient timeto enable him to arrange for his defence, or that all necessary stepshave been taken to this end.
2. Article 19 of Council Regulation (EC) No 1348/2000 of 29 May
2000 on the service in the Member States of judicial and extrajudicialdocuments in civil or commercial matters (
1), shall apply instead of the
provisions of paragraph 1 of this Article if the document instituting the
proceedings or an equivalent document had to be transmitted from oneMember State to another pursuant to that Regulation.
3. Where the provisions of Council Regulation (EC) No 1348/2000
are not applicable, Article 15 of the Hague Convention of 15 November1965 on the service abroad of judicial and extrajudicial documents incivil or commercial matters shall apply if the document instituting theproceedings or an equivalent document had to be transmitted abroad
pursuant to that Convention.
Section 3
Lis pendens and dependent actions
Article 11
1. Where proceedings involving the same cause of action and
between the same parties are brought before courts of differentMember States, the court second seised shall of its own motion stay
its proceedings until such time as the jurisdiction of the court first
seised is established.
2. Where proceedings for divorce, legal separation or marriage
annulment not involving the same cause of action and between thesame parties are brought before courts of different Member States, thecourt second seised shall of its own motion stay its proceedings untilsuch time as the jurisdiction of the court first seised is established.
3. Where the jurisdiction of the court first seised is established, the
court second seised shall decline jurisdiction in favour of that court.
In that case, the party who brought the relevant action before the court
second seised may bring that action before the court first seised.
4. For the purposes of this Article, a court shall be deemed to be
seised:
(a) at the time when the document instituting the proceedings or an
equivalent document is lodged with the court, provided that theapplicant has not subsequently failed to take the steps he wasrequired to take to have service effected on the respondent;
or
(b) if the document has to be served before being lodged with the
court, at the time when it is received by the authority responsiblefor service, provided that the applicant has not subsequently failedto take the steps he was required to take to have the documentlodged with the court.2000R1347 — EN — 01.05.2004 — 002.001 — 7
(1) See p. 37 of this Official Journal.
▼B
Section 4
Provisional, including protective, measures
Article 12
In urgent cases, the provisions of this Regulation shall not prevent the
courts of a Member State from taking such provisional, including
protective, measures in respect of persons or assets in that State as
may be available under the law of that Member State, even if, underthis Regulation, the court of another Member State has jurisdiction asto the substance of the matter.
CHAPTER III
RECOGNITION AND ENFORCEMENT
Article 13
Meaning of ‘judgment’
1. For the purposes of this Regulation, ‘judgment’ means a divorce,
legal separation or marriage annulment pronounced by a court of aMember State, as well as a judgment relating to the parental responsi-bility of the spouses given on the occasion of such matrimonialproceedings, whatever the judgment may be called, including a decree,order or decision.
2. The provisions of this chapter shall also apply to the determina-
tion of the amount of costs and expenses of proceedings under thisRegulation and to the enforcement of any order concerning such costsand expenses.
3. For the purposes of implementing this Regulation, documents
which have been formally drawn up or registered as authentic instru-
ments and are enforceable in one Member State and also settlements
which have been approved by a court in the course of proceedingsand are enforceable in the Member State in which they were concludedshall be recognised and declared enforceable under the same conditionsas the judgments referred to in paragraph 1.
Section 1
Recognition
Article 14
Recognition of a judgment
1. A judgment given in a Member State shall be recognised in the
other Member States without any special procedure being required.
2. In particular, and without prejudice to paragraph 3, no special
procedure shall be required for up-dating the civil-status records of aMember State on the basis of a judgment relating to divorce, legalseparation or marriage annulment given in another member State, andagainst which no further appeal lies under the law of that Member
State.
3. Any interested party may, in accordance with the procedures
provided for in Sections 2 and 3 of this Chapter, apply for a decisionthat the judgment be or not be recognised.
4. Where the recognition of a judgment is raised as an incidental
question in a court of a Member State, that court may determine thatissue.2000R1347 — EN — 01.05.2004 — 002.001 — 8
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Article 15
Grounds of non-recognition
1. A judgment relating to a divorce, legal separation or marriage
annulment shall not be recognised:
(a) if such recognition is manifestly contrary to the public policy of the
Member State in which recognition is sought;
(b) where it was given in default of appearance, if the respondent was
not served with the document which instituted the proceedings orwith an equivalent document in sufficient time and in such a wayas to enable the respondent to arrange for his or her defence unlessit is determined that the respondent has accepted the judgmentunequivocally;
(c) if it is irreconcilable with a judgment given in proceedings between
the same parties in the Member State in which recognition issought;
or
(d) if it is irreconcilable with an earlier judgment given in another
Member State or in a non-member State between the same parties,
provided that the earlier judgment fulfils the conditions necessaryfor its recognition in the Member State in which recognition issought.
2. A judgment relating to the parental responsibility of the spouses
given on the occasion of matrimonial proceedings as referred to in
Article 13 shall not be recognised:
(a) if such recognition is manifestly contrary to the public policy of the
Member State in which recognition is sought taking into accountthe best interests of the child;
(b) if it was given, except in case of urgency, without the child having
been given an opportunity to be heard, in violation of fundamentalprinciples of procedure of the Member State in which recognitionis sought;
(c) where it was given in default of appearance if the person in default
was not served with the document which instituted the proceedingsor with an equivalent document in sufficient time and in such away as to enable that person to arrange for his or her defence
unless it is determined that such person has accepted the judgment
unequivocally;
(d) on the request of any person claiming that the judgment infringes
his or her parental responsibility, if it was given without such
person having been given an opportunity to be heard;
(e) if it is irreconcilable with a later judgment relating to parental
responsibility given in the Member State in which recognition is
sought;
or
(f) if it is irreconcilable with a later judgment relating to parental
responsibility given in another Member State or in the non-memberState of the habitual residence of the child provided that the laterjudgment fulfils the conditions necessary for its recognition in theMember State in which recognition is sought.
Article 16
Agreement with third States
A court of a Member State may, on the basis of an agreement on the
recognition and enforcement of judgments, not recognise a judgmentgiven in another Member State where, in cases provided for inArticle 8, the judgment could only be founded on grounds of jurisdic-tion other than those specified in Articles 2 to 7.2000R1347 — EN — 01.05.2004 — 002.001 — 9
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Article 17
Prohibition of review of jurisdiction of court of origin
The jurisdiction of the court of the Member State of origin may not be
reviewed. The test of public policy referred to in Article 15(1)(a) and(2)(a) may not be applied to the rules relating to jurisdiction set out inArticles 2 to 8.
Article 18
Differences in applicable law
The recognition of a judgment relating to a divorce, legal separation or
a marriage annulment may not be refused because the law of the
Member State in which such recognition is sought would not allowdivorce, legal separation or marriage annulment on the same facts.
Article 19
Non-review as to substance
Under no circumstances may a judgment be reviewed as to its
substance.
Article 20
Stay of proceedings
1. A court of a Member State in which recognition is sought of a
judgment given in another Member State may stay the proceedings ifan ordinary appeal against the judgment has been lodged.
2. A court of a Member State in which recognition is sought of a
judgment given in Ireland or the United Kingdom may stay theproceedings if enforcement is suspended in the Member State of originby reason of an appeal.
Section 2
Enforcement
Article 21
Enforceable judgments
1. A judgment on the exercise of parental responsibility in respect of
a child of both parties given in a Member State which is enforceable inthat Member State and has been served shall be enforced in anotherMember State when, on the application of any interested party, it has
been declared enforceable there.
2. However, in the United Kingdom, such a judgment shall be
enforced in England and Wales, in Scotland or in Northern Irelandwhen, on the application of any interested party, it has been registeredfor enforcement in that part of the United Kingdom.
Article 22
Jurisdiction of local courts
1. An application for a declaration of enforceability shall be
submitted to the court appearing in the list in Annex I.
2. The local jurisdiction shall be determined by reference to the
place of the habitual residence of the person against whom enforcementis sought or by reference to the habitual residence of any child to
whom the application relates.
Where neither of the places referred to in the first subparagraph can be
found in the Member State where enforcement is sought, the localjurisdiction shall be determined by reference to the place of enforce-ment.2000R1347 — EN — 01.05.2004 — 002.001 — 10
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3. In relation to procedures referred to in Article 14(3), the local
jurisdiction shall be determined by the internal law of the MemberState in which proceedings for recognition or non-recognition are
brought.
Article 23
Procedure for enforcement
1. The procedure for making the application shall be governed by
the law of the Member State in which enforcement is sought.
2. The applicant must give an address for service within the area of
jurisdiction of the court applied to. However, if the law of the Member
State in which enforcement is sought does not provide for thefurnishing of such an address, the applicant shall appoint a representa-tive ad litem .
3. The documents referred to in Articles 32 and 33 shall be attached
to the application.
Article 24
Decision of the court
1. The court applied to shall give its decision without delay. The
person against whom enforcement is sought shall not at this stage ofthe proceedings be entitled to make any submissions on the application.
2. The application may be refused only for one of the reasons speci-
fied in Articles 15, 16 and 17.
3. Under no circumstances may a judgment be reviewed as to its
substance.
Article 25
Notice of the decision
The appropriate officer of the court shall without delay bring to the
notice of the applicant the decision given on the application in accor-dance with the procedure laid down by the law of the Member State inwhich enforcement is sought.
Article 26
Appeal against the enforcement decision
1. The decision on the application for a declaration of enforceability
may be appealed against by either party.
2. The appeal shall be lodged with the court appearing in the list in
Annex II
3. The appeal shall be dealt with in accordance with the rules
governing procedure in contradictory matters.
4. If the appeal is brought by the applicant for a declaration of
enforceability, the party against whom enforcement is sought shall besummoned to appear before the appellate court. If such person fails toappear, the provisions of Article 10 shall apply.
5. An appeal against a declaration of enforceability must be lodged
within one month of service thereof. If the party against whom enforce-
ment is sought is habitually resident in a Member State other than thatin which the declaration of enforceability was given, the time forappealing shall be two months and shall run from the date of service,either on him or at his residence. No extension of time may be grantedon account of distance.2000R1347 — EN — 01.05.2004 — 002.001 — 11
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Article 27
Courts of appeal and means of contest
The judgment given on appeal may be contested only by the proceed-
ings referred to in Annex III.
Article 28
Stay of proceedings
1. The court with which the appeal is lodged under Articles 26 or 27
may, on the application of the party against whom enforcement issought, stay the proceedings if an ordinary appeal has been lodged inthe Member State of origin or if the time for such appeal has not yetexpired. In the latter case, the court may specify the time within whichan appeal is to be lodged.
2. Where the judgment was given in Ireland or the United Kingdom,
any form of appeal available in the Member State of origin shall betreated as an ordinary appeal for the purposes of paragraph 1.
Article 29
Partial enforcement
1. Where a judgment has been given in respect of several matters
and enforcement cannot be authorised for all of them, the court shallauthorise enforcement for one or more of them.
2. An applicant may request partial enforcement of a judgment.
Article 30
Legal aid
An applicant who, in the Member State of origin, has benefited from
complete or partial legal aid or exemption from costs or expenses shall
be entitled, in the procedures provided for in Articles 22 to 25, tobenefit from the most favourable legal aid or the most extensiveexemption from costs and expenses provided for by the law of theMember State addressed.
Article 31
Security, bond or deposit
No security, bond or deposit, however described, shall be required of a
party who in one Member State applies for enforcement of a judgment
given in another Member State on the following grounds:
(a) that he or she is not habitually resident in the Member State in
which enforcement is sought; or
(b) that he or she is either a foreign national or, where enforcement is
sought in either the United Kingdom or Ireland, does not have hisor her ‘domicile’ in either of those Member States.
Section 3
Common provisions
Article 32
Documents
1. A party seeking or contesting recognition or applying for a
declaration of enforceability shall produce:
(a) a copy of the judgment which satisfies the conditions necessary to
establish its authenticity;
and
(b) a certificate referred to in Article 33.2000R1347 — EN — 01.05.2004 — 002.001 — 12
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2. In addition, in the case of a judgment given in default, the party
seeking recognition or applying for a declaration of enforceability shallproduce:
(a) the original or certified true copy of the document which estab-
lishes that the defaulting party was served with the document
instituting the proceedings or with an equivalent document;
or
(b) any document indicating that the defendant has accepted the judg-
ment unequivocally.
Article 33
Other documents
The competent court or authority of a Member State where a judgment
was given shall issue, at the request of any interested party, a certifi-
cate using the standard form in Annex IV (judgments in matrimonialmatters) or Annex V (judgments on parental responsibility).
Article 34
Absence of documents
1. If the documents specified in Article 32(1)(b) or (2) are not
produced, the court may specify a time for their production, acceptequivalent documents or, if it considers that it has sufficient informa-tion before it, dispense with their production.
2. If the Court so requires, a translation of such documents shall be
furnished. The translation shall be certified by a person qualified to doso in one of the Member States.
Article 35
Legalisation or other similar formality
No legalisation or other similar formality shall be required in respect of
the documents referred to in Articles 32, 33 and 34(2) or in respect of adocument appointing a representative ad litem .
CHAPTER IV
GENERAL PROVISIONS
Article 36
Relation with other instruments
1. Subject to the provisions of Articles 38, 42 and paragraph 2 of
this Article, this Regulation shall, for the Member States, supersedeconventions existing at the time of entry into force of this Regulation
which have been concluded between two or more Member States and
relate to matters governed by this Regulation.
(2) (a) Finland and Sweden shall have the option of declaring that the
Convention of 6 February 1931 between Denmark, Finland,Iceland, Norway and Sweden comprising international privatelaw provisions on marriage, adoption and guardianship,
together with the Final Protocol thereto, will apply, in whole
or in part, in their mutual relations, in place of the rules ofthis Regulation. Such declarations shall be annexed to thisRegulation and published in the Official Journal of the
European Communities . They may be withdrawn, in whole or
in part, at any moment by the said Member States (
1).
(b) The principle of non-discrimination on the grounds of nation-
ality between citizens of the Union shall be respected.2000R1347 — EN — 01.05.2004 — 002.001 — 13
(1) None of these Member States made this statement when the Regulation was
adopted.
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(c) The rules of jurisdiction in any future agreement to be
concluded between the Member States referred to insubparagraph (a) which relate to matters governed by this
Regulation shall be in line with those laid down in this Regula-
tion.
(d) Judgments handed down in any of the Nordic States which
have made the declaration provided for in subparagraph (a)under a forum of jurisdiction corresponding to one of thoselaid down in Chapter II, shall be recognised and enforced inthe other Member States under the rules laid down in
Chapter III.
3. Member States shall send to the Commission:
(a) a copy of the agreements and uniform laws implementing these
agreements referred to in paragraphs 2(a) and (c);
(b) any denunciations of, or amendments to, those agreements or
uniform laws.
Article 37
Relations with certain multilateral conventions
In relations between Member States, this Regulation shall take prece-
dence over the following Conventions in so far as they concernmatters governed by this Regulation:
— the Hague Convention of 5 October 1961 concerning the Powers of
Authorities and the Law Applicable in respect of the Protection of
Minors,
— the Luxembourg Convention of 8 September 1967 on the Recogni-
tion of Decisions Relating to the Validity of Marriages,
— the Hague Convention of 1 June 1970 on the Recognition of
Divorces and Legal Separations,
— the European Convention of 20 May 1980 on Recognition and
Enforcement of Decisions concerning Custody of Children and onRestoration of Custody of Children,
— the Hague Convention of 19 October 1996 on Jurisdiction, Applic-
able law, Recognition, Enforcement and Cooperation in Respect of
Parental Responsibility and Measures for the Protection of Children,provided that the child concerned is habitually resident in aMember State.
Article 38
Extent of effects
1. The agreements and conventions referred to in Articles 36(1) and
37 shall continue to have effect in relation to matters to which this
Regulation does not apply.
2. They shall continue to have effect in respect of judgments given
and documents formally drawn up or registered as authentic before the
entry into force of this Regulation.
Article 39
Agreements between Member States
1. Two or more Member States may conclude agreements or
arrangements to amplify this Regulation or to facilitate its application.
Member States shall send to the Commission:
(a) a copy of the draft agreements;
and
(b) any denunciations of, or amendments to, these agreements.
2. In no circumstances may the agreements or arrangements dero-
gate from Chapters II or III.2000R1347 — EN — 01.05.2004 — 002.001 — 14
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Article 40
Treaties with the Holy See
1. This Regulation shall apply without prejudice to the International
Treaty (Concordat) between the Holy See and Portugal, signed at theVatican City on 7 May 1940.
2. Any decision as to the invalidity of a marriage taken under the
Treaty referred to in paragraph 1 shall be recognised in the Member
States on the conditions laid down in Chapter III.
3. The provisions laid down in paragraphs 1 and 2 shall also apply
to the following international treaties (Concordats) with the Holy See:
(a) Concordato lateranense of 11 February 1929 between Italy and the
Holy See, modified by the agreement, with additional Protocolsigned in Rome on 18 February 1984;
(b) Agreement between the Holy See and Spain on legal affairs of
3 January 1979;
(c) Agreement between the Holy See and Malta on the recognition of
civil effects to canonical marriages and to decisions of ecclesias-tical authorities and tribunals on those marriages of 3 February
1993, with the second Additional Protocol of 6 January 1995.
4. Recognition of the decisions provided for in paragraph 2 may, in
Spain, Italy and Malta respectively, be subject to the same proceduresand the same checks as are applicable to decisions of the ecclesiasticalcourts handed down in accordance with the international treaties
concluded with the Holy See referred to in paragraph 3.
5. Member States shall send to the Commission:
(a) a copy of the Treaties referred to in paragraphs 1 and 3;
(b) any denunciations of or amendments to those Treaties.
Article 41
Member States with two or more legal systems
With regard to a Member State in which two or more systems of law or
sets of rules concerning matters governed by this Regulation apply indifferent territorial units:
(a) any reference to habitual residence in that Member State shall refer
to habitual residence in a territorial unit;
(b) any reference to nationality, or in the case of the United Kingdom
‘domicile’, shall refer to the territorial unit designated by the law ofthat State;
(c) any reference to the authority of a Member State having received
an application for divorce or legal separation or for marriage annul-ment shall refer to the authority of a territorial unit which hasreceived such an application;
(d) any reference to the rules of the requested Member State shall refer
to the rules of the territorial unit in which jurisdiction, recognitionor enforcement is invoked.
CHAPTER V
TRANSITIONAL PROVISIONS
Article 42
1. The provisions of this Regulation shall apply only to legal
proceedings instituted, to documents formally drawn up or registered
as authentic instruments and to settlements which have been approvedby a court in the course of proceedings after its entry into force.
2. Judgments given after the date of entry into force of this Regula-
tion in proceedings instituted before that date shall be recognised and2000R1347 — EN — 01.05.2004 — 002.001 — 15
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enforced in accordance with the provisions of Chapter III if jurisdiction
was founded on rules which accorded with those provided for either inChapter II of this Regulation or in a convention concluded between the
Member State of origin and the Member State addressed which was in
force when the proceedings were instituted.
CHAPTER VI
FINAL PROVISIONS
Article 43
Review
No later than 1 March 2006, and every five years thereafter, the
Commission shall present to the European Parliament, the Council andthe Economic and Social Committee a report on the application of thisRegulation, and in particular Articles 36, 39 and 40(2) thereof. The
report shall be accompanied if need be by proposals for adaptations.
Article 44
Amendment to lists of courts and redress procedures
1. Member States shall notify the Commission of the texts amending
the lists of courts and redress procedures set out in Annexes I to III.The Commission shall adapt the Annexes concerned accordingly.
2. The updating or making of technical amendments to the standard
forms set out in Annexes IV and V shall be adopted in accordance withthe advisory procedure set out in Article 45(2).
Article 45
1. The Commission shall be assisted by a committee.2. Where reference is made to this paragraph, Articles 3 and 7 of
Decision 1999/468 EC shall apply.
3. The committee shall adopt its rules of procedure.
Article 46
Entry into force
This Regulation shall enter into force on 1 March 2001
This Regulation shall be binding in its entirety and directly applicable
in the Member States in accordance with the Treaty establishing theEuropean Community.2000R1347 — EN — 01.05.2004 — 002.001 — 16
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ANNEX I
The applications provided for by Article 22 shall be submitted to the following
courts:
— in Belgium, the ‘tribunal de première instance’/‘rechtbank van eerste
aanleg’/‘erstinstanzliches Gericht’,
— in the Czech Republic, the ‘okresní soud’ or ‘soudní exekutor’,
— in Germany:
— in the district of the ‘Kammergericht’ (Berlin), the ‘Familiengericht
Pankow/Weissensee’ ,
— in the districts of the remaining ‘Oberlandesgerichte’ to the ‘Familien-
gericht’ located at the seat of the respective ‘Oberlandesgericht’
— in Estonia, the ‘maakohus’ or the ‘linnakohus’,
— in Greece, the ‘Μονοµελές Πρωτοδικείο ’,
— in Spain, the ‘Juzgado de Primera Instancia’ ,
— in France, the presiding Judge of the ‘tribunal de grande instance’ ,
— in Ireland, the High Court,
— in Italy, the ‘Corte d'apello’ ,
— in Cyprus, the ‘ Οικογενειακό ∆ικαστήριο ’,
— in Latvia, the ‘b āriņtiesa’ or ‘pagasttiesa’,
— in Lithuania, the ‘Lietuvos apeliacinis teismas’,
— in Luxembourg, the presiding Judge of the ‘Tribunal d'arrondissement’ ,
— in Hungary, the ‘megyei bíróság székhelyén m űködőhelyi bíróság’, and in
Budapest, the ‘Budai Központi Kerületi Bíróság’,
— in Malta, the ‘Prim' Awla tal-Qorti Ċivili’ or ‘il-Qorti tal-Ma ġistrati ta'
Għawdex fil- ġurisdizzjoni superjuri tag ħha’,
— in the Netherlands, the ‘voorzieningenrechter van de rechtbank’ ,
— in Austria, the ‘Bezirksgericht’ ,
— in Poland, the ‘S ąd Okr ęgowy’,
— in Portugal, the ‘Tribunal de Comarca’ or‘Tribunal de Familia’ ,
— in Slovenia, the ‘Okrajno sodiš če’,
— in Slovakia, the ‘okresný súd’,
— in Finland, the ‘käräjäoikeus’/‘tingsrätt’,
— in Sweden, the ‘Svea hovrätt’ ,
— in the United Kingdom:
(a) in England and Wales, the High Court of Justice;
(b) in Scotland, the Court of Session;
(c) in Northern Ireland, the High Court of Justice;
(d) in Gibraltar, the Supreme Court.2000R1347 — EN — 01.05.2004 — 002.001 — 17
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ANNEX II
The appeal provided for by Article 26 shall be lodged with the courts listed
below:
— in Belgium:
(a) a person applying for a declaration of enforceability may lodge an
appeal with the ‘cour d'appel’ or the ‘hof van beroep’ ;
(b) the person against whom enforcement is sought may lodge opposition
with the ‘tribunal de première instance’/‘rechtbank van eerste aanleg’/
‘erstinstanzliches Gericht’,
— in the Czech Republic, the ‘okresní soud’,
— in Germany, the ‘Oberlandesgericht’ ,
— in Estonia, the ‘ringkonnakohus’,— in Greece, the ‘Εφετείο ’,
— in Spain, the ‘Audiencia Provincial’ ,
— in France, the ‘Cour d'appel’ ,
— in Ireland, the High Court,— in Italy, the ‘Corte d'appello’ ,
— in Cyprus, the ‘ Οικογενειακό ∆ικαστήριο ’,
— in Latvia, the ‘apgabaltiesa’,— in Lithuania, the ‘Lietuvos Aukš čiausiasis Teismas’,
— Luxembourg, the ‘Cour d'appel’ ,
— in Hungary, the ‘megyei bíróság’, and in Budapest the ‘F ővárosi Bíróság’,
— in Malta, the ‘Qorti tal-Appell’ in accordance with the procedure laid down
for appeals in the Kodi ċi tal-Organizzazzjoni u Pro ċedura Ċivili - Kap. 12,
— in the Netherlands:
(a) if the applicant or the respondent who has appeared lodges the appeal:
with the ‘gerechtshof’ ;
(b) if the respondent who has been granted leave not to appear lodges the
appeal: with the ‘arrondissementsrechtbank’ ,
— in Austria, the ‘Bezirksgericht’ ,
— in Poland, the ‘S ąd Apelacyjny’,
— in Portugal, the ‘Tribunal da Relação’ ,
— in Slovenia, the ‘Višje sodiš če’,
— in Slovakia, the ‘krajský súd’,
— in Finland, the ‘hovioikeus’/‘hovrätt’,
— in Sweden, the ‘Svea hovrätt’ ,
— in the United Kingdom:
(a) in England and Wales, the High Court of Justice;
(b) in Scotland, the Court of Session;
(c) in Northern Ireland, the High Court of Justice;
(d) in Gibraltar, the Court of Appeal.2000R1347 — EN — 01.05.2004 — 002.001 — 18
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ANNEX III
The appeals provided for by Article 27 may be brought only:
— in Belgium, Greece, Spain, France, Italy, Latvia, Luxembourg and the Neth-
erlands, by an appeal in cassation,
— in the Czech Republic, by a ‘dovolání’ and a ‘žaloba pro zmate čnost’,
— in Germany, by a ‘Rechtsbeschwerde’ ,
— in Estonia, by ‘kassatsioonkaebus’,
— in Ireland, by an appeal on a point of law to the Supreme Court,
— in Cyprus, by an appeal to the Ανώτατο ∆ικαστήριο ( Supreme Court),
— in Lithuania, by a retrial, only in cases prescribed by statute,— in Hungary, ‘felülvizsgálati kérelem’,
— in Austria, by a ‘Revisionsrekurs’ ,
— in Poland, by an appeal in cassation to the ‘S ąd Najwy ższy’,
— in Portugal, by a ‘recurso restrito à matéria de direito’ ,
— in Slovenia, by a retrial, only in cases prescribed by statute,
— in Finland, by an appeal to ‘korkein oikeus’/‘högsta domstolen’,
— in Sweden, by an appeal to the ‘Högsta domstolen’ ,
— in the United Kingdom, by a single further appeal on a point of law.2000R1347 — EN — 01.05.2004 — 002.001 — 19
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ANNEX IV
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ANNEX V
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