2001R0044 — EN — 29.08.2002 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No44/2001
of22December 2000
onjurisdictionandtherecognitionandenforcementofjudgmentsincivilandcommercialmatters
(OJ L 12, 16.1.2001, p. 1)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1496/2002 of 21 August 2002 L 225 13 22.8.2002
Corrected by:
►C1Corrigendum, OJ L 307, 24.11.2001, p. 28 (44/2001)
▼B
COUNCILREGULATION(EC)No44/2001
of22December 2000
on jurisdiction and the recognition and enforcement of judgments
incivilandcommercial matters
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 Community has set itself the objective of maintaining and
developing an area of freedom, security and justice, in which
the free movement of persons is ensured. In order to establish
progressively such an area, the Community should adopt,amongst other things, the measures relating to judicial coopera-tion in civil matters which are necessary for the sound operationof the internal market.
(2)Certain differences between national rules governing jurisdiction
and recognition of judgments hamper the sound operation of the
internal market. Provisions to unify the rules of conflict of juris-diction in civil and commercial matters and to simplify theformalities witha view to rapid and simple recognition andenforcement of judgments from Member States bound by thisRegulation are essential.
(3)This area is within the field of judicial cooperation in civil
matters within the meaning of Article 65 of the Treaty.
(4)In accordance withth e 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 Statesand can therefore be better achieved by the Community. ThisRegulation confines itself to the minimum required in order to
achieve those objectives and does not go beyond what is neces-
sary for that purpose.
(5)On 27 September 1968 the Member States, acting under Article293, fourth indent, of the Treaty, concluded the BrusselsConvention on Jurisdiction and the Enforcement of Judgmentsin Civil and Commercial Matters, as amended by Conventions
on the Accession of the New Member States to that Convention
(hereinafter referred to as the ‘Brussels Convention’)(
4). On 16
September 1988 Member States and EFTA States concluded theLugano Convention on Jurisdiction and the Enforcement ofJudgments in Civil and Commercial Matters, which is a parallelConvention to the 1968 Brussels Convention. Work has been
undertaken for the revision of those Conventions, and the
Council has approved the content of the revised texts. Continuityin the results achieved in that revision should be ensured.2001R0044 — EN — 29.08.2002 — 001.001 — 2
(1) OJ C 376, 28.12.1999, p. 1.
(2) Opinion delivered on 21 September 2000 (not yet published in the Official
Journal).
(3) OJ C 117, 26.4.2000, p. 6.
(4) OJ L 299, 31.12.1972, p. 32.
OJ L 304, 30.10.1978, p. 1.
OJ L 388, 31.12.1982, p. 1.
OJ L 285, 3.10.1989, p. 1.
OJ C 15, 15.1.1997, p. 1.
For a consolidated text, see OJ C 27, 26.1.1998, p. 1.
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(6)In order to attain the objective of free movement of judgments in
civil and commercial matters, it is necessary and appropriate that
the rules governing jurisdiction and the recognition and enforce-ment of judgments be governed by a Community legalinstrument which is binding and directly applicable.
(7)The scope of this Regulation must cover all the main civil andcommercial matters apart from certain well-defined matters.
(8)There must be a link between proceedings to which this Regula-tion applies and the territory of the Member States bound by thisRegulation. Accordingly common rules on jurisdiction should, inprinciple, apply when the defendant is domiciled in one of those
Member States.
(9)A defendant not domiciled in a Member State is in generalsubject to national rules of jurisdiction applicable in the territory
of the Member State of the court seised, and a defendant domi-ciled in a Member State not bound by this Regulation mustremain subject to the Brussels Convention.
(10)For the purposes of the free movement of judgments, judgmentsgiven in a Member State bound by this Regulation should berecognised and enforced in another Member State bound by this
Regulation, even if the judgment debtor is domiciled in a third
State.
(11)The rules of jurisdiction must be highly predictable and foundedon the principle that jurisdiction is generally based on the defen-dant's domicile and jurisdiction must always be available on thisground save in a few well-defined situations in which thesubject-matter of the litigation or the autonomy of the partieswarrants a different linking factor. The domicile of a legal
person must be defined autonomously so as to make the
common rules more transparent and avoid conflicts of jurisdic-tion.
(12)In addition to the defendant's domicile, there should be alterna-tive grounds of jurisdiction based on a close link between thecourt and the action or in order to facilitate the sound adminis-tration of justice.
(13)In relation to insurance, consumer contracts and employment, theweaker party should be protected by rules of jurisdiction more
favourable to his interests than the general rules provide for.
(14)The autonomy of the parties to a contract, other than an insur-ance, consumer or employment contract, where only limited
autonomy to determine the courts having jurisdiction is allowed,must be respected subject to the exclusive grounds of jurisdictionlaid down in this Regulation.
(15)In the interests of the harmonious administration of justice it isnecessary to minimise the possibility of concurrent proceedingsand to ensure that irreconcilable judgments will not be given intwo Member States. There must be a clear and effective
mechanism for resolving cases of lis pendens and related actions
and for obviating problems flowing from national differences asto the determination of the time when a case is regarded aspending. For the purposes of this Regulation that time shouldbe defined autonomously.
(16)Mutual trust in the administration of justice in the Communityjustifies judgments given in a Member State being recognised
automatically without the need for any procedure except in cases
of dispute.
(17)By virtue of the same principle of mutual trust, the procedure formaking enforceable in one Member State a judgment given inanother must be efficient and rapid. To that end, the declarationthat a judgment is enforceable should be issued virtually automa-tically after purely formal checks of the documents supplied,without there being any possibility for the court to raise of its2001R0044 — EN — 29.08.2002 — 001.001 — 3
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own motion any of the grounds for non-enforcement provided
for by this Regulation.
(18)However, respect for the rights of the defence means that the
defendant should be able to appeal in an adversarial procedure,
against the declaration of enforceability, if he considers one ofthe grounds for non-enforcement to be present. Redress proce-dures should also be available to the claimant where hisapplication for a declaration of enforceability has been rejected.
(19)Continuity between the Brussels Convention and this Regulation
should be ensured, and transitional provisions should be laid
down to that end. The same need for continuity applies asregards the interpretation of the Brussels Convention by theCourt of Justice of the European Communities and the 1971Protocol(
1) should remain applicable also to cases already
pending when this Regulation enters into force.
(20)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 to theTreaty establishing the European Community, have given noticeof their wish to take part in the adoption and application of thisRegulation.
(21)Denmark, in accordance withArticles 1 and 2 of th e Protocol onthe position of Denmark annexed to the Treaty on EuropeanUnion and to the Treaty establishing the European Community,is not participating in the adoption of this Regulation, and istherefore not bound by it nor subject to its application.
(22)Since the Brussels Convention remains in force in relations
between Denmark and the Member States that are bound by
this Regulation, both the Convention and the 1971 Protocolcontinue to apply between Denmark and the Member Statesbound by this Regulation.
(23)The Brussels Convention also continues to apply to the terri-tories of the Member States which fall within the territorial
scope of that Convention and which are excluded from this
Regulation pursuant to Article 299 of the Treaty.
(24)Likewise for the sake of consistency, this Regulation should notaffect rules governing jurisdiction and the recognition of judg-ments contained in specific Community instruments.
(25)Respect for international commitments entered into by the
Member States means that this Regulation should not affect
conventions relating to specific matters to which the MemberStates are parties.
(26)The necessary flexibility should be provided for in the basicrules of this Regulation in order to take account of the specificprocedural rules of certain Member States. Certain provisions of
the Protocol annexed to the Brussels Convention should accord-
ingly be incorporated in this Regulation.
(27)In order to allow a harmonious transition in certain areas whichwere the subject of special provisions in the Protocol annexed tothe Brussels Convention, this Regulation lays down, for a transi-tional period, provisions taking into consideration the specific
situation in certain Member States.
(28)No later than five years after entry into force of this Regulation
the Commission will present a report on its application and, ifneed be, submit proposals for adaptations.2001R0044 — EN — 29.08.2002 — 001.001 — 4
(1) OJ L 204, 2.8.1975, p. 28.
OJ L 304, 30.10.1978, p. 1.
OJ L 388, 31.12.1982, p. 1.
OJ L 285, 3.10.1989, p. 1.
OJ C 15, 15.1.1997, p. 1.
For a consolidated text see OJ C 27, 26.1.1998, p. 28.
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(29)The Commission will have to adjust Annexes I to IV on the
rules of national jurisdiction, the courts or competent authorities
and redress procedures available on the basis of the amendmentsforwarded by the Member State concerned; amendments made toAnnexes V and VI should be adopted in accordance withCouncil Decision 1999/468/EC of 28 June 1999 laying downthe procedures for the exercise of implementing powers
conferred on the Commission(
1),
HAS ADOPTED THIS REGULATION:
CHAPTER I
SCOPE
Article 1
1. This Regulation shall apply in civil and commercial matters what-
ever the nature of the court or tribunal. It shall not extend, in particular,
to revenue, customs or administrative matters.
2. The Regulation shall not apply to:
(a) the status or legal capacity of natural persons, rights in property
arising out of a matrimonial relationship, wills and succession;
(b) bankruptcy, proceedings relating to the winding-up of insolvent
companies or other legal persons, judicial arrangements, composi-
tions and analogous proceedings;
(c) social security;
(d) arbitration.
3. In this Regulation, the term ‘Member State’ shall mean Member
States withth e exception of Denmark.
CHAPTER II
JURISDICTION
Section 1
General provisions
Article 2
1. Subject to this Regulation, persons domiciled in a Member State
shall, whatever their nationality, be sued in the courts of that Member
State.
2. Persons who are not nationals of the Member State in which they
are domiciled shall be governed by the rules of jurisdiction applicableto nationals of that State.
Article 3
1. Persons domiciled in a Member State may be sued in the courts
of another Member State only by virtue of the rules set out in Sections2 to 7 of this Chapter.
2. In particular the rules of national jurisdiction set out in Annex I
shall not be applicable as against them.
Article 4
1. If the defendant is not domiciled in a Member State, the jurisdic-
tion of the courts of each Member State shall, subject to Articles 22and 23, be determined by the law of that Member State.2001R0044 — EN — 29.08.2002 — 001.001 — 5
(1) OJ L 184, 17.7.1999, p. 23.
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2. As against sucha defendant, any person domiciled in a Member
State may, whatever his nationality, avail himself in that State of therules of jurisdiction there in force, and in particular those specified in
Annex I, in the same way as the nationals of that State.
Section 2
Specialjurisdiction
Article 5
A person domiciled in a Member State may, in another Member State,
be sued:
1. (a) in matters relating to a contract, in the courts for the place of
performance of the obligation in question;
(b) for the purpose of this provision and unless otherwise agreed,
the place of performance of the obligation in question shall be:
— in the case of the sale of goods, the place in a Member State
where, under the contract, the goods were delivered orshould have been delivered,
— in the case of the provision of services, the place in a
Member State where, under the contract, the services wereprovided or should have been provided,
(c) if subparagraph(b) does not apply th en subparagraph(a)
applies;
2. in matters relating to maintenance, in the courts for the place where
the maintenance creditor is domiciled or habitually resident or, if thematter is ancillary to proceedings concerning the status of a person,
in the court which, according to its own law, has jurisdiction to
entertain those proceedings, unless that jurisdiction is based solelyon the nationality of one of the parties;
3. in matters relating to tort, delictorquasi-delict , in the courts for the
place where the harmful event occurred or may occur;
4. as regards a civil claim for damages or restitution which is based on
an act giving rise to criminal proceedings, in the court seised ofthose proceedings, to the extent that that court has jurisdiction under
its own law to entertain civil proceedings;
5. as regards a dispute arising out of the operations of a branch, agency
or other establishment, in the courts for the place in which thebranch, agency or other establishment is situated;
6. as settlor, trustee or beneficiary of a trust created by the operation of
a statute, or by a written instrument, or created orally and evidencedin writing, in the courts of the Member State in which the trust isdomiciled;
7. as regards a dispute concerning the payment of remuneration
claimed in respect of the salvage of a cargo or freight, in the courtunder the authority of which the cargo or freight in question:
(a) has been arrested to secure such payment, or
(b) could have been so arrested, but bail or other security has been
given;
provided that this provision shall apply only if it is claimed that the
defendant has an interest in the cargo or freight or had such aninterest at the time of salvage.
Article 6
A person domiciled in a Member State may also be sued:1. where he is one of a number of defendants, in the courts for the
place where any one of them is domiciled, provided the claims areso closely connected that it is expedient to hear and determine themtogether to avoid the risk of irreconcilable judgments resulting fromseparate proceedings;2001R0044 — EN — 29.08.2002 — 001.001 — 6
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2. as a third party in an action on a warranty or guarantee or in any
other third party proceedings, in the court seised of the originalproceedings, unless these were instituted solely with the object of
removing him from the jurisdiction of the court which would be
competent in his case;
3. on a counter-claim arising from the same contract or facts on which
the original claim was based, in the court in which the originalclaim is pending;
4. in matters relating to a contract, if the action may be combined with
an action against the same defendant in matters relating to rights in
remin immovable property, in the court of the Member State in
which the property is situated.
Article 7
Where by virtue of this Regulation a court of a Member State has juris-
diction in actions relating to liability from the use or operation of aship, that court, or any other court substituted for this purpose by theinternal law of that Member State, shall also have jurisdiction overclaims for limitation of suchliability.
Section 3
Jurisdictioninmattersrelatingtoinsurance
Article 8
In matters relating to insurance, jurisdiction shall be determined by this
Section, without prejudice to Article 4 and point 5 of Article 5.
Article 9
1. An insurer domiciled in a Member State may be sued:
(a) in the courts of the Member State where he is domiciled, or
(b) in another Member State, in the case of actions brought by the
policyholder, the insured or a beneficiary, in the courts for theplace where the plaintiff is domiciled,
(c) if he is a co-insurer, in the courts of a Member State in which
proceedings are brought against the leading insurer.
2. An insurer who is not domiciled in a Member State but has a
branch, agency or other establishment in one of the Member Statesshall, in disputes arising out of the operations of the branch, agencyor establishment, be deemed to be domiciled in that Member State.
Article 10
In respect of liability insurance or insurance of immovable property,
the insurer may in addition be sued in the courts for the place wherethe harmful event occurred. The same applies if movable and immo-vable property are covered by the same insurance policy and both areadversely affected by the same contingency.
Article 11
1. In respect of liability insurance, the insurer may also, if the law of
the court permits it, be joined in proceedings which the injured partyhas brought against the insured.
2. Articles 8, 9 and 10 shall apply to actions brought by the injured
party directly against the insurer, where such direct actions arepermitted.
3. If the law governing such direct actions provides that the policy-
holder or the insured may be joined as a party to the action, the samecourt shall have jurisdiction over them.2001R0044 — EN — 29.08.2002 — 001.001 — 7
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Article 12
1. Without prejudice to Article 11(3), an insurer may bring proceed-
ings only in the courts of the Member State in which the defendant isdomiciled, irrespective of whether he is the policyholder, the insured or
a beneficiary.
2. The provisions of this Section shall not affect the right to bring a
counter-claim in the court in which, in accordance with this Section,
the original claim is pending.
Article 13
The provisions of this Section may be departed from only by an agree-
ment:
1. which is entered into after the dispute has arisen, or
2. which allows the policyholder, the insured or a beneficiary to bring
proceedings in courts other than those indicated in this Section, or
3. which is concluded between a policyholder and an insurer, both of
whom are at the time of conclusion of the contract domiciled or
habitually resident in the same Member State, and which has the
effect of conferring jurisdiction on the courts of that State even ifthe harmful event were to occur abroad, provided that such anagreement is not contrary to the law of that State, or
4. which is concluded with a policyholder who is not domiciled in a
Member State, except in so far as the insurance is compulsory orrelates to immovable property in a Member State, or
5. which relates to a contract of insurance in so far as it covers one or
more of the risks set out in Article 14.
Article 14
The following are the risks referred to in Article 13(5):1. any loss of or damage to:
(a) seagoing ships, installations situated offshore or on the high
seas, or aircraft, arising from perils which relate to their use forcommercial purposes;
(b) goods in transit other than passengers' baggage where the transit
consists of or includes carriage by suchsh ips or aircraft;
2. any liability, other than for bodily injury to passengers or loss of or
damage to their baggage:
(a) arising out of the use or operation of ships, installations or
aircraft as referred to in point 1(a) in so far as, in respect ofthe latter, the law of the Member State in which such aircraft
are registered does not prohibit agreements on jurisdiction
regarding insurance of suchrisks;
(b) for loss or damage caused by goods in transit as described in
point 1(b);
3. any financial loss connected with the use or operation of ships,
installations or aircraft as referred to in point 1(a), in particular loss
of freight or charter-hire;
4. any risk or interest connected withany of th ose referred to in points
1t o3 ;
5. notwithstanding points 1 to 4, all ‘large risks’ as defined in Council
Directive 73/239/EEC(
1), as amended by Council Directives 88/357/
EEC(2) and 90/618/EEC(3), as they may be amended.2001R0044 — EN — 29.08.2002 — 001.001 — 8
(1) OJ L 228, 16.8.1973, p. 3. Directive as last amended by Directive 2000/26/
EC of the European Parliament and of the Council (OJ L 181, 20.7.2000, p.
65).
(2) OJ L 172, 4.7.1988, p. 1. Directive as last amended by Directive 2000/26/
EC.
(3) OJ L 330, 29.11.1990, p. 44.
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Section 4
Jurisdictionoverconsumercontracts
Article 15
1. In matters relating to a contract concluded by a person, the
consumer, for a purpose which can be regarded as being outside histrade or profession, jurisdiction shall be determined by this Section,without prejudice to Article 4 and point 5 of Article 5, if:
(a) it is a contract for the sale of goods on instalment credit terms; or
(b) it is a contract for a loan repayable by instalments, or for any other
form of credit, made to finance the sale of goods; or
(c) in all other cases, the contract has been concluded with a person
who pursues commercial or professional activities in the MemberState of the consumer's domicile or, by any means, directs suchactivities to that Member State or to several States including thatMember State, and the contract falls within the scope of such activ-
ities.
2. Where a consumer enters into a contract with a party who is not
domiciled in the Member State but has a branch, agency or other estab-lishment in one of the Member States, that party shall, in disputes
arising out of the operations of the branch, agency or establishment,
be deemed to be domiciled in that State.
3. This Section shall not apply to a contract of transport other than a
contract which, for an inclusive price, provides for a combination of
travel and accommodation.
Article 16
1. A consumer may bring proceedings against the other party to a
contract either in the courts of the Member State in which that partyis domiciled or in the courts for the place where the consumer is domi-ciled.
2. Proceedings may be brought against a consumer by the other
party to the contract only in the courts of the Member State in whichthe consumer is domiciled.
3. This Article shall not affect the right to bring a counter-claim in
the court in which, in accordance with this Section, the original claim
is pending.
Article 17
The provisions of this Section may be departed from only by an agree-
ment:
1. which is entered into after the dispute has arisen; or
2. which allows the consumer to bring proceedings in courts other than
those indicated in this Section; or
3. which is entered into by the consumer and the other party to the
contract, both of whom are at the time of conclusion of the contract
domiciled or habitually resident in the same Member State, andwhich confers jurisdiction on the courts of that Member State,provided that such an agreement is not contrary to the law of thatMember State.
Section 5
Jurisdictionoverindividualcontractsofemployment
Article 18
1. In matters relating to individual contracts of employment, juris-
diction shall be determined by this Section, without prejudice toArticle 4 and point 5 of Article 5.2001R0044 — EN — 29.08.2002 — 001.001 — 9
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2. Where an employee enters into an individual contract of employ-
ment withan employer wh o is not domiciled in a Member State buthas a branch, agency or other establishment in one of the Member
States, the employer shall, in disputes arising out of the operations of
the branch, agency or establishment, be deemed to be domiciled in thatMember State.
Article 19
An employer domiciled in a Member State may be sued:
1. in the courts of the Member State where he is domiciled; or
2. in another Member State:
(a) in the courts for the place where the employee habitually carries
out his work or in the courts for the last place where he did so,
or
(b) if the employee does not or did not habitually carry out his work
in any one country, in the courts for the place where the busi-ness which engaged the employee is or was situated.
Article 20
1. An employer may bring proceedings only in the courts of the
Member State in which the employee is domiciled.
2. The provisions of this Section shall not affect the right to bring a
counter-claim in the court in which, in accordance with this Section,
the original claim is pending.
Article 21
The provisions of this Section may be departed from only by an agree-
ment on jurisdiction:
1. which is entered into after the dispute has arisen; or
2. which allows the employee to bring proceedings in courts other than
those indicated in this Section.
Section 6
Exclusivejurisdiction
Article 22
The following courts shall have exclusive jurisdiction, regardless of
domicile:
1. in proceedings which have as their object rights in remin immo-
vable property or tenancies of immovable property, the courts of
the Member State in which the property is situated.
However, in proceedings which have as their object tenancies of
immovable property concluded for temporary private use for a
maximum period of six consecutive months, the courts of theMember State in which the defendant is domiciled shall also havejurisdiction, provided that the tenant is a natural person and thatthe landlord and the tenant are domiciled in the same Member State;
2. in proceedings which have as their object the validity of the consti-
tution, the nullity or the dissolution of companies or other legalpersons or associations of natural or legal persons, or of the validity
of the decisions of their organs, the courts of the Member State in
which the company, legal person or association has its seat. In orderto determine that seat, the court shall apply its rules of private inter-national law;
3. in proceedings which have as their object the validity of entries in
public registers, the courts of the Member State in which the registeris kept;
4. in proceedings concerned withth e registration or validity of patents,
trade marks, designs, or other similar rights required to be deposited2001R0044 — EN — 29.08.2002 — 001.001 — 10
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or registered, the courts of the Member State in which the deposit or
registration has been applied for, has taken place or is under theterms of a Community instrument or an international convention
deemed to have taken place.
Without prejudice to the jurisdiction of the European Patent Office
under the Convention on the Grant of European Patents, signed atMunich on 5 October 1973, the courts of each Member State shallhave exclusive jurisdiction, regardless of domicile, in proceedingsconcerned withth e registration or validity of any European patentgranted for that State;
5. in proceedings concerned with the enforcement of judgments, the
courts of the Member State in which the judgment has been or is
to be enforced.
Section 7
Prorogation ofjurisdiction
Article 23
1. If the parties, one or more of whom is domiciled in a Member
State, have agreed that a court or the courts of a Member State are to
have jurisdiction to settle any disputes which have arisen or which mayarise in connection with a particular legal relationship, that court orthose courts shall have jurisdiction. Such jurisdiction shall be exclusiveunless the parties have agreed otherwise. Such an agreement conferring
jurisdiction shall be either:
(a) in writing or evidenced in writing; or
(b) in a form which accords with practices which the parties have
established between themselves; or
(c) in international trade or commerce, in a form which accords with a
usage of which the parties are or ought to have been aware andwhich in such trade or commerce is widely known to, and regularly
observed by, parties to contracts of the type involved in the parti-
cular trade or commerce concerned.
2. Any communication by electronic means which provides a
durable record of the agreement shall be equivalent to ‘writing’.
3. Where such an agreement is concluded by parties, none of whom
is domiciled in a Member State, the courts of other Member Statesshall have no jurisdiction over their disputes unless the court or courts
chosen have declined jurisdiction.
4. The court or courts of a Member State on which a trust instru-
ment has conferred jurisdiction shall have exclusive jurisdiction in anyproceedings brought against a settlor, trustee or beneficiary, if relations
between these persons or their rights or obligations under the trust are
involved.
5. Agreements or provisions of a trust instrument conferring juris-
diction shall have no legal force if they are contrary to Articles 13, 17
or 21, or if the courts whose jurisdiction they purport to exclude have
exclusive jurisdiction by virtue of Article 22.
Article 24
Apart from jurisdiction derived from other provisions of this Regula-
tion, a court of a Member State before which a defendant enters anappearance shall have jurisdiction. This rule shall not apply whereappearance was entered to contest the jurisdiction, or where anothercourt has exclusive jurisdiction by virtue of Article 22.2001R0044 — EN — 29.08.2002 — 001.001 — 11
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Section 8
Examinationastojurisdictionandadmissibility
Article 25
Where a court of a Member State is seised of a claim which is princi-
pally concerned with a matter over which the courts of anotherMember State have exclusive jurisdiction by virtue of Article 22, itshall declare of its own motion that it has no jurisdiction.
Article 26
1. Where a defendant domiciled in one Member State is sued in a
court of another Member State and does not enter an appearance, the
court shall declare of its own motion that it has no jurisdiction unless
its jurisdiction is derived from the provisions of this Regulation.
2. The court shall stay the proceedings so long as it is not shown
that the defendant has been able to receive the document institutingthe proceedings or an equivalent document in sufficient time to enable
him to arrange for his defence, or that all necessary steps have been
taken to this end.
3. 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 2 if the document instituting the proceedings or
an equivalent document had to be transmitted from one Member State
to another pursuant to this Regulation.
4. Where the provisions of Regulation (EC) No 1348/2000 are not
applicable, Article 15 of the Hague Convention of 15 November 1965on the Service Abroad of Judicial and Extrajudicial Documents in Civil
or Commercial Matters shall apply if the document instituting the
proceedings or an equivalent document had to be transmitted pursuantto that Convention.
Section 9
Lis pendens—related actions
Article 27
1. Where proceedings involving the same cause of action and
between the same parties are brought in the courts of different Member
States, any court other than the court first seised shall of its own
motion stay its proceedings until such time as the jurisdiction of thecourt first seised is established.
2. Where the jurisdiction of the court first seised is established, any
court other than the court first seised shall decline jurisdiction in favour
of that court.
Article 28
1. Where related actions are pending in the courts of different
Member States, any court other than the court first seised may stay itsproceedings.
2. Where these actions are pending at first instance, any court other
than the court first seised may also, on the application of one of the
parties, decline jurisdiction if the court first seised has jurisdiction
over the actions in question and its law permits the consolidationthereof.
3. For the purposes of this Article, actions are deemed to be related
where they are so closely connected that it is expedient to hear and2001R0044 — EN — 29.08.2002 — 001.001 — 12
(1) OJ L 160, 30.6.2000, p. 37.
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determine them together to avoid the risk of irreconcilable judgments
resulting from separate proceedings.
Article 29
Where actions come within the exclusive jurisdiction of several courts,
any court other than the court first seised shall decline jurisdiction infavour of that court.
Article 30
For the purposes of this Section, a court shall be deemed to be seised:1. at the time when the document instituting the proceedings or an
equivalent document is lodged with the court, provided that the
plaintiff has not subsequently failed to take the steps he was
required to take to have service effected on the defendant, or
2. if the document has to be served before being lodged with the court,
at the time when it is received by the authority responsible for
service, provided that the plaintiff has not subsequently failed totake the steps he was required to take to have the document lodgedwithth e court.
Section 10
Provisional, includingprotective, measures
Article 31
Application may be made to the courts of a Member State for such
provisional, including protective, measures as may be available underthe law of that State, even if, under this Regulation, the courts ofanother Member State have jurisdiction as to the substance of thematter.
CHAPTER III
RECOGNITIONANDENFORCEMENT
Article 32
For the purposes of this Regulation, ‘judgment’ means any judgment
given by a court or tribunal of a Member State, whatever the judgment
may be called, including a decree, order, decision or writ of execution,
as well as the determination of costs or expenses by an officer of thecourt.
Section 1
Recognition
Article 33
1. A judgment given in a Member State shall be recognised in the
other Member States without any special procedure being required.
2. Any interested party who raises the recognition of a judgment as
the principal issue in a dispute may, in accordance with the proceduresprovided for in Sections 2 and 3 of this Chapter, apply for a decisionthat the judgment be recognised.
3. If the outcome of proceedings in a court of a Member State
depends on the determination of an incidental question of recognition
that court shall have jurisdiction over that question.
Article 34
A judgment shall not be recognised:1. if suchrecognition is manifestly contrary to public policy in th e
Member State in which recognition is sought;2001R0044 — EN — 29.08.2002 — 001.001 — 13
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2. where it was given in default of appearance, if the defendant was
not served with the document which instituted the proceedings orwithan equivalent document in sufficient time and in sucha way
as to enable him to arrange for his defence, unless the defendant
failed to commence proceedings to challenge the judgment when itwas possible for him to do so;
3. if it is irreconcilable witha judgment given in a dispute between th e
same parties in the Member State in which recognition is sought;
4. if it is irreconcilable withan earlier judgment given in anoth er
Member State or in a third State involving the same cause of actionand between the same parties, provided that the earlier judgment
fulfils the conditions necessary for its recognition in the Member
State addressed.
Article 35
1. Moreover, a judgment shall not be recognised if it conflicts with
Sections 3, 4 or 6 of Chapter II, or in a case provided for in Article 72.
2. In its examination of the grounds of jurisdiction referred to in the
foregoing paragraph, the court or authority applied to shall be bound by
the findings of fact on which the court of the Member State of originbased its jurisdiction.
3. Subject to the paragraph 1, the jurisdiction of the court of the
Member State of origin may not be reviewed. The test of public policy
referred to in point 1 of Article 34 may not be applied to the rulesrelating to jurisdiction.
Article 36
Under no circumstances may a foreign judgment be reviewed as to its
substance.
Article 37
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 State of origin, byreason of an appeal.
Section 2
Enforcement
Article 38
1. A judgment given in a Member State and enforceable in that
State shall be enforced in another Member State when, on the applica-tion 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 39
1. The application shall be submitted to the court or competent
authority indicated in the list in Annex II.
2. The local jurisdiction shall be determined by reference to the
place of domicile of the party against whom enforcement is sought, orto the place of enforcement.2001R0044 — EN — 29.08.2002 — 001.001 — 14
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Article 40
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 of process within
the area of jurisdiction of the court applied to. However, if the law ofthe Member State in which enforcement is sought does not provide for
the furnishing of such an address, the applicant shall appoint a repre-
sentative ad litem.
3. The documents referred to in Article 53 shall be attached to the
application.
Article 41
The judgment shall be declared enforceable immediately on completion
of the formalities in Article 53 without any review under Articles 34and 35. The party against whom enforcement is sought shall not atthis stage of the proceedings be entitled to make any submissions onthe application.
Article 42
1. The decision on the application for a declaration of enforceability
shall forthwith be brought to the notice of the applicant in accordancewith the procedure laid down by the law of the Member State in whichenforcement is sought.
2. The declaration of enforceability shall be served on the party
against whom enforcement is sought, accompanied by the judgment, if
not already served on that party.
Article 43
1. The decision on the application for a declaration of enforceability
may be appealed against by either party.
2. The appeal is to be lodged with the court indicated in the list in
Annex III.
3. The appeal shall be dealt with in accordance with the rules
governing procedure in contradictory matters.
4. If the party against whom enforcement is sought fails to appear
before the appellate court in proceedings concerning an appeal broughtby the applicant, Article 26(2) to (4) shall apply even where the partyagainst whom enforcement is sought is not domiciled in any of theMember States.
5. An appeal against the declaration of enforceability is to be lodged
within one month of service thereof. If the party against whom enforce-
ment is sought is domiciled in a Member State other than that in which
the declaration of enforceability was given, the time for appealing shallbe two months and shall run from the date of service, either on him inperson or at his residence. No extension of time may be granted onaccount of distance.
Article 44
The judgment given on the appeal may be contested only by the appeal
referred to in Annex IV.
Article 45
1. The court with which an appeal is lodged under Article 43 or
Article 44 shall refuse or revoke a declaration of enforceability onlyon one of the grounds specified in Articles 34 and 35. It shall give itsdecision without delay.
2. Under no circumstances may the foreign judgment be reviewed as
to its substance.2001R0044 — EN — 29.08.2002 — 001.001 — 15
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Article 46
1. The court with which an appeal is lodged under Article 43 or
Article 44 may, on the application of the party against whom enforce-ment is sought, stay the proceedings if an ordinary appeal has been
lodged against the judgment in the Member State of origin or if the
time for such an appeal has not yet expired; in the latter case, the courtmay specify the time within which such an 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.
3. The court may also make enforcement conditional on the provi-
sion of suchsecurity as it sh all determine.
Article 47
1. When a judgment must be recognised in accordance with this
Regulation, nothing shall prevent the applicant from availing himself
of provisional, including protective, measures in accordance withth e
law of the Member State requested without a declaration of enforce-ability under Article 41 being required.
2. The declaration of enforceability shall carry with it the power to
proceed to any protective measures.
3. During the time specified for an appeal pursuant to Article 43(5)
against the declaration of enforceability and until any such appeal hasbeen determined, no measures of enforcement may be taken other than
protective measures against the property of the party against whom
enforcement is sought.
Article 48
1. Where a foreign judgment has been given in respect of several
matters and the declaration of enforceability cannot be given for all of
them, the court or competent authority shall give it for one or more ofthem.
2. An applicant may request a declaration of enforceability limited
to parts of a judgment.
Article 49
A foreign judgment which orders a periodic payment by way of a
penalty shall be enforceable in the Member State in which enforcementis sought only if the amount of the payment has been finally deter-mined by the courts of the Member State of origin.
Article 50
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 procedure provided for in this Section, to benefit
from the most favourable legal aid or the most extensive exemptionfrom costs or expenses provided for by the law of the Member Stateaddressed.
Article 51
No security, bond or deposit, however described, shall be required of a
party who in one Member State applies for enforcement of a judgmentgiven in another Member State on the ground that he is a foreignnational or that he is not domiciled or resident in the State in which
enforcement is sought.
Article 52
In proceedings for the issue of a declaration of enforceability, no
charge, duty or fee calculated by reference to the value of the matter2001R0044 — EN — 29.08.2002 — 001.001 — 16
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at issue may be levied in the Member State in which enforcement is
sought.
Section 3
Commonprovisions
Article 53
1. A party seeking recognition or applying for a declaration of
enforceability shall produce a copy of the judgment which satisfies
the conditions necessary to establish its authenticity.
2. A party applying for a declaration of enforceability shall also
produce the certificate referred to in Article 54, without prejudice toArticle 55.
Article 54
The court or competent 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 V to this Regulation.
Article 55
1. If the certificate referred to in Article 54 is not produced, the
court or competent authority may specify a time for its production or
accept an equivalent document or, if it considers that it has sufficientinformation before it, dispense withits production.
2. If the court or competent authority so requires, a translation of the
documents shall be produced. The translation shall be certified by aperson qualified to do so in one of the Member States.
Article 56
No legalisation or other similar formality shall be required in respect of
the documents referred to in Article 53 or Article 55(2), or in respect
of a document appointing a representative ad litem.
CHAPTER IV
AUTHENTICINSTRUMENTSANDCOURTSETTLEMENTS
Article 57
1. A document which has been formally drawn up or registered as
an authentic instrument and is enforceable in one Member State shall,
in another Member State, be declared enforceable there, on applicationmade in accordance withth e procedures provided for in Articles 38, etseq. The court with which an appeal is lodged under Article 43 orArticle 44 shall refuse or revoke a declaration of enforceability only ifenforcement of the instrument is manifestly contrary to public policy in
the Member State addressed.
2. Arrangements relating to maintenance obligations concluded with
administrative authorities or authenticated by them shall also beregarded as authentic instruments within the meaning of paragraph 1.
3. The instrument produced must satisfy the conditions necessary to
establish its authenticity in the Member State of origin.
4. Section 3 of Chapter III shall apply as appropriate. The competent
authority of a Member State where an authentic instrument was drawn
up or registered shall issue, at the request of any interested party, acertificate using the standard form in Annex VI to this Regulation.
Article 58
A settlement which has been approved by a court in the course of
proceedings and is enforceable in the Member State in which it wasconcluded shall be enforceable in the State addressed under the sameconditions as authentic instruments. The court or competent authority2001R0044 — EN — 29.08.2002 — 001.001 — 17
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of a Member State where a court settlement was approved shall issue,
at the request of any interested party, a certificate using the standardform in Annex V to this Regulation.
CHAPTER V
GENERALPROVISIONS
Article 59
1. In order to determine whether a party is domiciled in the Member
State whose courts are seised of a matter, the court shall apply its
internal law.
2. If a party is not domiciled in the Member State whose courts are
seised of the matter, then, in order to determine whether the party isdomiciled in another Member State, the court shall apply the law ofthat Member State.
Article 60
1. For the purposes of this Regulation, a company or other legal
person or association of natural or legal persons is domiciled at the
place where it has its:
(a) statutory seat, or
(b) central administration, or
(c) principal place of business.
2. For the purposes of the United Kingdom and Ireland ‘statutory
seat’ means the registered office or, where there is no such officeanywhere, the place of incorporation or, where there is no such placeanywhere, the place under the law of which the formation took place.
3. In order to determine whether a trust is domiciled in the Member
State whose courts are seised of the matter, the court shall apply its
rules of private international law.
Article 61
Without prejudice to any more favourable provisions of national laws,
persons domiciled in a Member State who are being prosecuted in thecriminal courts of another Member State of which they are notnationals for an offence which was not intentionally committed may
be defended by persons qualified to do so, even if they do not appear
in person. However, the court seised of the matter may order appear-ance in person; in the case of failure to appear, a judgment given inthe civil action without the person concerned having had the opportu-nity to arrange for his defence need not be recognised or enforced inthe other Member States.
Article 62
In Sweden, in summary proceedings concerning orders to pay ( betal-
ningsföreläggande ) and assistance ( handräckning ), the expression
‘court’ includes the ‘Swedish enforcement service’ ( kronofogdemyn-
dighet).
Article 63
1. A person domiciled in the territory of the Grand Duchy of
Luxembourg and sued in the court of another Member State pursuantto Article 5(1) may refuse to submit to the jurisdiction of that court if
the final place of delivery of the goods or provision of the services is in
Luxembourg.
2. Where, under paragraph 1, the final place of delivery of the goods
or provision of the services is in Luxembourg, any agreement confer-ring jurisdiction must, in order to be valid, be accepted in writing orevidenced in writing within the meaning of Article 23(1)(a).2001R0044 — EN — 29.08.2002 — 001.001 — 18
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3. The provisions of this Article shall not apply to contracts for the
provision of financial services.
4. The provisions of this Article shall apply for a period of six years
from entry into force of this Regulation.
Article 64
1. In proceedings involving a dispute between the master and a
member of the crew of a seagoing ship registered in Greece or inPortugal, concerning remuneration or other conditions of service, a
court in a Member State shall establish whether the diplomatic or
consular officer responsible for the ship has been notified of thedispute. It may act as soon as that officer has been notified.
2. The provisions of this Article shall apply for a period of six years
from entry into force of this Regulation.
Article 65
1. The jurisdiction specified in Article 6(2), and Article 11 in
actions on a warranty of guarantee or in any other third party proceed-ings may not be resorted to in Germany and Austria. Any persondomiciled in another Member State may be sued in the courts:
(a) of Germany, pursuant to Articles 68 and 72 to 74 of the Code of
Civil Procedure ( Zivilprozessordnung ) concerning third-party
notices,
(b) of Austria, pursuant to Article 21 of the Code of Civil Procedure
(Zivilprozessordnung ) concerning third-party notices.
2. Judgments given in other Member States by virtue of Article 6(2),
or Article 11 shall be recognised and enforced in Germany and Austriain accordance with Chapter III. Any effects which judgments given inthese States may have on third parties by application of the provisions
in paragraph 1 shall also be recognised in the other Member States.
CHAPTER VI
TRANSITIONALPROVISIONS
Article 66
1. This Regulation shall apply only to legal proceedings instituted
and to documents formally drawn up or registered as authentic instru-
ments after the entry into force thereof.
2. However, if the proceedings in the Member State of origin were
instituted before the entry into force of this Regulation, judgments
given after that date shall be recognised and enforced in accordance
withCh apter III,
(a) if the proceedings in the Member State of origin were instituted
after the entry into force of the Brussels or the Lugano Convention
both in the Member State or origin and in the Member State
addressed;
(b) in all other cases, if jurisdiction was founded upon rules which
accorded with those provided for either in Chapter II or in aconvention concluded between the Member State of origin and theMember State addressed which was in force when the proceedingswere instituted.
CHAPTER VII
RELATIONSWITHOTHERINSTRUMENTS
Article 67
This Regulation shall not prejudice the application of provisions
governing jurisdiction and the recognition and enforcement of judg-ments in specific matters which are contained in Community2001R0044 — EN — 29.08.2002 — 001.001 — 19
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instruments or in national legislation harmonised pursuant to such
instruments.
Article 68
1. This Regulation shall, as between the Member States, supersede
the Brussels Convention, except as regards the territories of the
Member States which fall within the territorial scope of that Conven-tion and which are excluded from this Regulation pursuant to Article299 of the Treaty.
2. In so far as this Regulation replaces the provisions of the Brussels
Convention between Member States, any reference to the Conventionshall be understood as a reference to this Regulation.
Article 69
Subject to Article 66(2) and Article 70, this Regulation shall, as
between Member States, supersede the following conventions and
treaty concluded between two or more of them:
— the Convention between Belgium and France on Jurisdiction and
the Validity and Enforcement of Judgments, Arbitration Awardsand Authentic Instruments, signed at Paris on 8 July 1899,
— the Convention between Belgium and the Netherlands on Jurisdic-
tion, Bankruptcy, and the Validity and Enforcement of Judgments,
Arbitration Awards and Authentic Instruments, signed at Brusselson 28 March1925,
— the Convention between France and Italy on the Enforcement of
Judgments in Civil and Commercial Matters, signed at Rome on 3
June 1930,
— the Convention between the United Kingdom and the French
Republic providing for the reciprocal enforcement of judgments incivil and commercial matters, withProtocol, signed at Paris on 18
January 1934,
— the Convention between the United Kingdom and the Kingdom of
Belgium providing for the reciprocal enforcement of judgments incivil and commercial matters, withProtocol, signed at Brussels on2 May 1934,
— the Convention between Germany and Italy on the Recognition and
Enforcement of Judgments in Civil and Commercial Matters, signedat Rome on 9 March1936,
— the Convention between Belgium and Austria on the Reciprocal
Recognition and Enforcement of Judgments and Authentic Instru-
ments relating to Maintenance Obligations, signed at Vienna on 25October 1957,
— the Convention between Germany and Belgium on the Mutual
Recognition and Enforcement of Judgments, Arbitration Awards
and Authentic Instruments in Civil and Commercial Matters, signedat Bonn on 30 June 1958,
— the Convention between the Netherlands and Italy on the Recogni-
tion and Enforcement of Judgments in Civil and Commercial
Matters, signed at Rome on 17 April 1959,
— the Convention between Germany and Austria on the Reciprocal
Recognition and Enforcement of Judgments, Settlements and
Authentic Instruments in Civil and Commercial Matters, signed at
Vienna on 6 June 1959,
— the Convention between Belgium and Austria on the Reciprocal
Recognition and Enforcement of Judgments, Arbitral Awards andAuthentic Instruments in Civil and Commercial Matters, signed at
Vienna on 16 June 1959,
— the Convention between the United Kingdom and the Federal
Republic of Germany for the reciprocal recognition and enforce-ment of judgments in civil and commercial matters, signed atBonn on 14 July 1960,2001R0044 — EN — 29.08.2002 — 001.001 — 20
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— the Convention between the United Kingdom and Austria providing
for the reciprocal recognition and enforcement of judgments in civiland commercial matters, signed at Vienna on 14 July 1961, with
amending Protocol signed at London on 6 March1970,
— the Convention between Greece and Germany for the Reciprocal
Recognition and Enforcement of Judgments, Settlements andAuthentic Instruments in Civil and Commercial Matters, signed inAthens on 4 November 1961,
— the Convention between Belgium and Italy on the Recognition and
Enforcement of Judgments and other Enforceable Instruments in
Civil and Commercial Matters, signed at Rome on 6 April 1962,
— the Convention between the Netherlands and Germany on the
Mutual Recognition and Enforcement of Judgments and OtherEnforceable Instruments in Civil and Commercial Matters, signedat The Hague on 30 August 1962,
— the Convention between the Netherlands and Austria on the Reci-
procal Recognition and Enforcement of Judgments and AuthenticInstruments in Civil and Commercial Matters, signed at The Hague
on 6 February 1963,
— the Convention between the United Kingdom and the Republic of
Italy for the reciprocal recognition and enforcement of judgmentsin civil and commercial matters, signed at Rome on 7 February1964, withamending Protocol signed at Rome on 14 July 1970,
— the Convention between France and Austria on the Recognition and
Enforcement of Judgments and Authentic Instruments in Civil andCommercial Matters, signed at Vienna on 15 July 1966,
— the Convention between the United Kingdom and the Kingdom of
the Netherlands providing for the reciprocal recognition and enfor-
cement of judgments in civil matters, signed at The Hague on 17
November 1967,
— the Convention between Spain and France on the Recognition and
Enforcement of Judgment Arbitration Awards in Civil andCommercial Matters, signed at Paris on 28 May 1969,
— the Convention between Luxembourg and Austria on the Recogni-
tion and Enforcement of Judgments and Authentic Instruments in
Civil and Commercial Matters, signed at Luxembourg on 29 July1971,
— the Convention between Italy and Austria on the Recognition and
Enforcement of Judgments in Civil and Commercial Matters, ofJudicial Settlements and of Authentic Instruments, signed at Romeon 16 November 1971,
— the Convention between Spain and Italy regarding Legal Aid and
the Recognition and Enforcement of Judgments in Civil and
Commercial Matters, signed at Madrid on 22 May 1973,
— the Convention between Finland, Iceland, Norway, Sweden and
Denmark on the Recognition and Enforcement of Judgments inCivil Matters, signed at Copenhagen on 11 October 1977,
— the Convention between Austria and Sweden on the Recognition
and Enforcement of Judgments in Civil Matters, signed at Stock-holm on 16 September 1982,
— the Convention between Spain and the Federal Republic of
Germany on the Recognition and Enforcement of Judgments,
Settlements and Enforceable Authentic Instruments in Civil and
Commercial Matters, signed at Bonn on 14 November 1983,
— the Convention between Austria and Spain on the Recognition and
Enforcement of Judgments, Settlements and Enforceable AuthenticInstruments in Civil and Commercial Matters, signed at Vienna on17 February 1984,
— the Convention between Finland and Austria on the Recognition
and Enforcement of Judgments in Civil Matters, signed at Viennaon 17 November 1986, and2001R0044 — EN — 29.08.2002 — 001.001 — 21
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— the Treaty between Belgium, the Netherlands and Luxembourg in
Jurisdiction, Bankruptcy, and the Validity and Enforcement ofJudgments, Arbitration Awards and Authentic Instruments, signed
at Brussels on 24 November 1961, in so far as it is in force.
Article 70
1. The Treaty and the Conventions referred to in Article 69 shall
continue to have effect in relation to matters to which this Regulationdoes not apply.
2. They shall continue to have effect in respect of judgments given
and documents formally drawn up or registered as authentic instru-ments before the entry into force of this Regulation.
Article 71
1. This Regulation shall not affect any conventions to which the
Member States are parties and which in relation to particular matters,
govern jurisdiction or the recognition or enforcement of judgments.
2. Witha view to its uniform interpretation, paragraph1 sh all be
applied in the following manner:
(a) this Regulation shall not prevent a court of a Member State, which
is a party to a convention on a particular matter, from assuming
jurisdiction in accordance with that convention, even where the
defendant is domiciled in another Member State which is not aparty to that convention. The court hearing the action shall, in anyevent, apply Article 26 of this Regulation;
(b) judgments given in a Member State by a court in the exercise of
jurisdiction provided for in a convention on a particular matter
shall be recognised and enforced in the other Member States in
accordance withth is Regulation.
Where a convention on a particular matter to which both the
Member State of origin and the Member State addressed are partieslays down conditions for the recognition or enforcement of judg-ments, those conditions shall apply. In any event, the provisions
of this Regulation which concern the procedure for recognition
and enforcement of judgments may be applied.
Article 72
This Regulation shall not affect agreements by which Member States
undertook, prior to the entry into force of this Regulation pursuant toArticle 59 of the Brussels Convention, not to recognise judgmentsgiven, in particular in other Contracting States to that Convention,
against defendants domiciled or habitually resident in a third country
where, in cases provided for in Article 4 of that Convention, the judg-ment could only be founded on a ground of jurisdiction specified in thesecond paragraphof Article 3 of th at Convention.
CHAPTER VIII
FINALPROVISIONS
Article 73
No later than five years after the entry into force of this Regulation, the
Commission shall present to the European Parliament, the Council and
the Economic and Social Committee a report on the application of this
Regulation. The report shall be accompanied, if need be, by proposalsfor adaptations to this Regulation.
Article 74
1. The Member States shall notify the Commission of the texts
amending the lists set out in Annexes I to IV. The Commission shalladapt the Annexes concerned accordingly.2001R0044 — EN — 29.08.2002 — 001.001 — 22
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2. The updating or technical adjustment of the forms, specimens of
which appear in Annexes V and VI, shall be adopted in accordancewithth e advisory procedure referred to in Article 75(2).
Article 75
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 76
This Regulation shall enter into force on l March 2002.
This Regulation is binding in its entirety and directly applicable in the
Member States in accordance with the Treaty establishing the EuropeanCommunity.2001R0044 — EN — 29.08.2002 — 001.001 — 23
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ANNEX I
Rulesofjurisdictionreferred toinArticle 3(2)andArticle4(2)
The rules of jurisdiction referred to in Article 3(2) and Article 4(2) are the
following:
— in Belgium: Article 15 of the Civil Code ( Code civil /Burgerlijk Wetboek )
and Article 638 of the Judicial Code ( Code judiciaire /Gerechtelijk Wetboek );
— in Germany: Article 23 of the Code of Civil Procedure ( Zivilprozessord-
nung),
— in Greece, Article 40 of the Code of Civil Procedure ( Κώδικας Πολιτικής
∆ικονοµίας );
— in France: Articles 14 and 15 of the Civil Code ( Code civil ),
— in Ireland: the rules which enable jurisdiction to be founded on the docu-
ment instituting the proceedings having been served on the defendant
during his temporary presence in Ireland,
— in Italy: Articles 3 and 4 of Act 218 of 31 May 1995,— in Luxembourg: Articles 14 and 15 of the Civil Code ( Code civil ),
— in Austria: Article 99 of the Court Jurisdiction Act ( Jurisdiktionsnorm ),
— in Portugal: Articles 65 and 65A of the Code of Civil Procedure ( Código de
Processo Civil ) and Article 11 of the Code of Labour Procedure ( Código de
Processo de Trabalho ),
— in Finland: the second, third and fourth sentences of the first paragraph of
Section 1 of Chapter 10 of the Code of Judicial Procedure ( oikeudenkäymis-
kaari/rättegångsbalken ),
— in Sweden: the first sentence of the first paragraph of Section 3 of Chapter
10 of the Code of Judicial Procedure ( rättegångsbalken ),
— in the United Kingdom: rules which enable jurisdiction to be founded on:
(a) the document instituting the proceedings having been served on the
defendant during his temporary presence in the United Kingdom; or
(b) the presence within the United Kingdom of property belonging to the
defendant; or
(c) the seizure by the plaintiff of property situated in the United Kingdom.2001R0044 — EN — 29.08.2002 — 001.001 — 24
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ANNEX II
The courts or competent authorities to which the application referred to in
Article 39 may be submitted are the following:
— in Belgium, the ‘tribunal de première instance ’o r‘rechtbank van eerste
aanleg’o r‘erstinstanzliches Gericht ’,
—►M1in Germany:
(a) the presiding Judge of a chamber of the ‘Landgericht ’;
(b) a notary (‘…’) in a procedure of declaration of enforceability of an
authentic instrument, ◄
— 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'appello ’,
— in Luxembourg, the presiding judge of the ‘tribunal d'arrondissement ’,
—►
M1in the Netherlands, the ‘voorzieningenrechter van de rechtbank ’,◄
— in Austria, the ‘Bezirksgericht ’,
— in Portugal, the ‘Tribunal de Comarca ’,
— in Finland, the ‘käräjäoikeus /tingsrätt’,
— in Sweden, the ‘Svea hovrätt ’,
— in the United Kingdom:
(a) in England and Wales, the High Court of Justice, or in the case of a
maintenance judgment, the Magistrate's Court on transmission by the
Secretary of State;
(b) in Scotland, the Court of Session, or in the case of a maintenance judg-
ment, the Sheriff Court on transmission by the Secretary of State;
(c) in Northern Ireland, the High Court of Justice, or in the case of a main-
tenance judgment, the Magistrate's Court on transmission by the
Secretary of State;
(d) in Gibraltar, the Supreme Court of Gibraltar, or in the case of a mainte-
nance judgment, the Magistrates' Court on transmission by the Attorney
General of Gibraltar.2001R0044 — EN — 29.08.2002 — 001.001 — 25
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ANNEX III
The courts with which appeals referred to in Article 43(2) may be lodged are the
following:
— in Belgium,
(a) as regards appeal by the defendant: the ‘tribunal de première instance ’
or‘rechtbank van eerste aanleg ’o r‘erstinstanzliches Gericht ’,
(b) as regards appeal by the applicant: the ‘Cour d'appel ’o r‘hof van
beroep’,
— in the Federal Republic of Germany, the ‘Oberlandesgericht ’,
— 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 Luxembourg, the ‘Cour supérieure de Justice ’ sitting as a court of civil
appeal,
— in the Netherlands:
(a) for the defendant: the ‘arrondissementsrechtbank ’,
(b) for the applicant: the ‘gerechtshof ’,
— in Austria, the ‘Bezirksgericht ’,
— in Portugal, the ‘Tribunal de Relação ’,
— in Finland, the ‘hovioikeus /hovrätt’,
— in Sweden, the ‘Svea hovrätt ’,
— in the United Kingdom:
(a) in England and Wales, the High Court of Justice, or in the case of a
maintenance judgment, the Magistrate's Court;
(b) in Scotland, the Court of Session, or in the case of a maintenance judg-
ment, the Sheriff Court;
(c) in Northern Ireland, the High Court of Justice, or in the case of a main-
tenance judgment, the Magistrate's Court;
(d) in Gibraltar, the Supreme Court of Gibraltar, or in the case of a mainte-
nance judgment, the Magistrates' Court.2001R0044 — EN — 29.08.2002 — 001.001 — 26
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ANNEX IV
The appeals which may be lodged pursuant to Article 44 are the following
— in Belgium, Greece, Spain, France, Italy, Luxembourg and the Netherlands,
an appeal in cassation,
— in Germany, a ‘Rechtsbeschwerde ’,
— in Ireland, an appeal on a point of law to the Supreme Court,— in Austria, a ‘Revisionsrekurs ’,
— in Portugal, an appeal on a point of law,— in Finland, an appeal to the ‘korkein oikeus /högsta domstolen ’,
— in Sweden, an appeal to the ‘Högsta domstolen ’,
— in the United Kingdom, a single further appeal on a point of law.2001R0044 — EN — 29.08.2002 — 001.001 — 27
▼B
ANNEX V
2001R0044 — EN — 29.08.2002 — 001.001 — 28
▼B
ANNEX VI
2001R0044 — EN — 29.08.2002 — 001.001 — 29