2001R0044 — EN — 01.03.2002 — 000.001 — 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 44/2001
of 22 December 2000
on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
(OJ L 12, 16.1.2001, p. 1)
Corrected by:
►C1Corrigendum, OJ L 307, 24.11.2001, p. 28 (44/2001)
▼B
COUNCIL REGULATION (EC)No 44/2001
of 22 December 2000
on jurisdiction and the recognition and enforcement of judgments in
civil and commercial matters
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in 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 thefree 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 jurisdictionand recognition of judgments hamper the sound operation of theinternal market. Provisions to unify the rules of conflict ofjurisdiction in civil and commercial matters and to simplify the
formalities with a view to rapid and simple recognition and
enforcement of judgments from Member States bound by thisRegulation are essential.
(3)This area is within the field of judicial cooperation in civil matterswithin the meaning of Article 65 of the Treaty.
(4)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 Statesand can therefore be better achieved by the Community. This
Regulation confines itself to the minimum required in order to
achieve those objectives and does not go beyond what isnecessary 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. Continuity in theresults achieved in that revision should be ensured.
(6)In order to attain the objective of free movement of judgments incivil and commercial matters, it is necessary and appropriate that2001R0044 — EN — 01.03.2002 — 000.001 — 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.
▼B
the rules governing jurisdiction and the recognition and enforce-
ment of judgments be governed by a Community legal instrumentwhich 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 thisRegulation applies and the territory of the Member States boundby this Regulation. Accordingly common rules on jurisdictionshould, in principle, apply when the defendant is domiciled in one
of those Member States.
(9)Adefendant not domiciled in a Member State is in general subject
to national rules of jurisdiction applicable in the territory of the
Member State of the court seised, and a defendant domiciled in a
Member State not bound by this Regulation must remain subjectto 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 thisRegulation, even if the judgment debtor is domiciled in a thirdState.
(11)The rules of jurisdiction must be highly predictable and foundedon the principle that jurisdiction is generally based on thedefendant's domicile and jurisdiction must always be available onthis ground save in a few well-defined situations in which the
subject-matter of the litigation or the autonomy of the parties
warrants a different linking factor. The domicile of a legal personmust be defined autonomously so as to make the common rulesmore transparent and avoid conflicts of jurisdiction.
(12)In addition to the defendant's domicile, there should be alternativegrounds of jurisdiction based on a close link between the courtand the action or in order to facilitate the sound administration ofjustice.
(13)In relation to insurance, consumer contracts and employment, theweaker party should be protected by rules of jurisdiction morefavourable to his interests than the general rules provide for.
(14)The autonomy of the parties to a contract, other than an insurance,consumer or employment contract, where only limited autonomyto determine the courts having jurisdiction is allowed, must berespected subject to the exclusive grounds of jurisdiction laid
down in this Regulation.
(15)In the interests of the harmonious administration of justice it is
necessary to minimise the possibility of concurrent proceedings
and to ensure that irreconcilable judgments will not be given in
two Member States. There must be a clear and effectivemechanism 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 should be
defined autonomously.
(16)Mutual trust in the administration of justice in the Community
justifies 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 for
making enforceable in one Member State a judgment given in
another must be efficient and rapid. To that end, the declarationthat a judgment is enforceable should be issued virtuallyautomatically after purely formal checks of the documentssupplied, without there being any possibility for the court toraise of its 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,2001R0044 — EN — 01.03.2002 — 000.001 — 3
▼B
against the declaration of enforceability, if he considers one of the
grounds for non-enforcement to be present. Redress proceduresshould also be available to the claimant where his application 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 laiddown to that end. The same need for continuity applies as regardsthe interpretation of the Brussels Convention by the Court ofJustice of the European Communities and the 1971 Protocol(
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 3 ofthe Protocol on the position of the United Kingdom and Irelandannexed to the Treaty on European Union and to the Treatyestablishing the European Community, have given notice of their
wish to take part in the adoption and application of this
Regulation.
(21)Denmark, in accordance with Articles 1 and 2 of the Protocol onthe position of Denmark annexed to the Treaty on EuropeanUnion and to the Treaty establishing the European Community, isnot participating in the adoption of this Regulation, and is
therefore 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 thisRegulation, both the Convention and the 1971 Protocol continueto apply between Denmark and the Member States bound by thisRegulation.
(23)The Brussels Convention also continues to apply to the territoriesof the Member States which fall within the territorial scope of thatConvention and which are excluded from this Regulationpursuant to Article 299 of the Treaty.
(24)Likewise for the sake of consistency, this Regulation should notaffect rules governing jurisdiction and the recognition of
judgments contained in specific Community instruments.
(25)Respect for international commitments entered into by the
Member States means that this Regulation should not affectconventions relating to specific matters to which the MemberStates are parties.
(26)The necessary flexibility should be provided for in the basic rules
of this Regulation in order to take account of the specific
procedural rules of certain Member States. Certain provisions ofthe Protocol annexed to the Brussels Convention shouldaccordingly 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 to
the Brussels Convention, this Regulation lays down, for a
transitional period, provisions taking into consideration thespecific situation in certain Member States.
(28)No later than five years after entry into force of this Regulationthe Commission will present a report on its application and, ifneed be, submit proposals for adaptations.
(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 to2001R0044 — EN — 01.03.2002 — 000.001 — 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.
▼B
Annexes V and VI should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down theprocedures 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
whatever the nature of the court or tribunal. It shall not extend, inparticular, 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 with the 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 MemberState.
2. Persons who are not nationals of the Member State in which they
are domiciled shall be governed by the rules of jurisdiction applicable tonationals 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 Sections 2 to7 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
jurisdiction of the courts of each Member State shall, subject to Articles22 and 23, be determined by the law of that Member State.
2. As against such a 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 inAnnex I, in the same way as the nationals of that State.2001R0044 — EN — 01.03.2002 — 000.001 — 5
(1) OJ L 184, 17.7.1999, p. 23.
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Section 2
Special jurisdiction
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 or should
have been delivered,
— in the case of the provision of services, the place in a Member
State where, under the contract, the services were provided orshould have been provided,
(c) if subparagraph (b) does not apply then 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 solely on thenationality 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 of those
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 the branch,
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 evidenced
in writing, in the courts of the Member State in which the trust is
domiciled;
7. as regards a dispute concerning the payment of remuneration claimed
in respect of the salvage of a cargo or freight, in the court under 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 are so
closely connected that it is expedient to hear and determine themtogether to avoid the risk of irreconcilable judgments resulting fromseparate proceedings;
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 ofremoving him from the jurisdiction of the court which would becompetent in his case;2001R0044 — EN — 01.03.2002 — 000.001 — 6
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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 original claimis 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
jurisdiction in actions relating to liability from the use or operation of a
ship, 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 such liability.
Section 3
Jurisdiction in matters relating to insurance
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 the placewhere 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 States shall,
in disputes arising out of the operations of the branch, agency or
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 where theharmful event occurred. The same applies if movable and immovable
property are covered by the same insurance policy and both are
adversely 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 party hasbrought 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 are
permitted.
3. If the law governing such direct actions provides that the
policyholder or the insured may be joined as a party to the action, the
same court shall have jurisdiction over them.
Article 12
1. Without prejudice to Article 11(3), an insurer may bring
proceedings only in the courts of the Member State in which thedefendant is domiciled, irrespective of whether he is the policyholder,the insured or a beneficiary.2001R0044 — EN — 01.03.2002 — 000.001 — 7
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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, theoriginal claim is pending.
Article 13
The provisions of this Section may be departed from only by an
agreement:
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 theeffect of conferring jurisdiction on the courts of that State even if theharmful event were to occur abroad, provided that such an agreementis 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 for
commercial purposes;
(b) goods in transit other than passengers' baggage where the transit
consists of or includes carriage by such ships 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 oraircraft
as referred to in point 1(a) in so far as, in respect of the latter, thelaw of the Member State in which such aircraft are registereddoes not prohibit agreements on jurisdiction regarding insuranceof such risks;
(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 oraircraft as referred to in point 1(a), in particular lossof
freight or charter-hire;
4. any risk or interest connected with any of those referred to in points 1
to 3;
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 — 01.03.2002 — 000.001 — 8
(1) OJL 228,16.8.1973, p. 3.Directive as last amended byDirective 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
Jurisdiction over consumer contracts
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 his
trade 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 Member State ofthe consumer's domicile or, by any means, directs such activities tothat Member State or to several States including that Member State,
and the contract falls within the scope of such activities.
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 otherestablishment in one of the Member States, that party shall, in disputesarising 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 oftravel 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 party isdomiciled or in the courts for the place where the consumer is
domiciled.
2. Proceedings may be brought against a consumer by the other party
to the contract only in the courts of the Member State in which theconsumer 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 ispending.
Article 17
The provisions of this Section may be departed from only by an
agreement:
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 contractdomiciled or habitually resident in the same Member State, and
which 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
Jurisdiction over individual contracts of employment
Article 18
1. In matters relating to individual contracts of employment,
jurisdiction shall be determined by this Section, without prejudice toArticle 4 and point 5 of Article 5.2001R0044 — EN — 01.03.2002 — 000.001 — 9
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2. Where an employee enters into an individual contract of employ-
ment with an employer who is not domiciled in a Member State but hasa 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 that MemberState.
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 businesswhich 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
agreement 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
Exclusive jurisdiction
Article 22
The following courts shall have exclusive jurisdiction, regardless of
domicile:
1. in proceedings which have as their object rights in remin immovable
property or tenancies of immovable property, the courts of theMember 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 the
Member State in which the defendant is domiciled shall also havejurisdiction, provided that the tenant is a natural person and that thelandlord and the tenant are domiciled in the same Member State;
2. in proceedings which have as their object the validity of the
constitution, the nullity or the dissolution of companies or other legalpersons or associations of natural or legal persons, or of the validityof the decisions of their organs, the courts of the Member State in
which the company, legal person or association has its seat. In order
to determine that seat, the court shall apply its rules of privateinternational 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 with the registration or validity of patents,
trade marks, designs, or other similar rights required to be depositedor registered, the courts of the Member State in which the deposit or2001R0044 — EN — 01.03.2002 — 000.001 — 10
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registration has been applied for, has taken place or is under the terms
of a Community instrument or an international convention deemed tohave 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 proceedings
concerned with the registration or validity of any European patent
granted 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 isto beenforced.
Section 7
Prorogation of jurisdiction
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 tohave jurisdiction to settle any disputes which have arisen or which mayarise in connection with a particular legal relationship, that court or
those courts shall have jurisdiction. Such jurisdiction shall be exclusive
unless the parties have agreed otherwise. Such an agreement conferringjurisdiction 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 regularlyobserved by, parties to contracts of the type involved in theparticular 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 byparties, none ofwhom is
domiciled in a Member State, the courts of other Member States shall
have no jurisdiction over their disputes unless the court or courts chosenhave declined jurisdiction.
4. The court or courts of a Member State on which a trust instrument
has conferred jurisdiction shall have exclusive jurisdiction in anyproceedings brought against a settlor, trustee or beneficiary, if relationsbetween these persons or their rights or obligations under the trust are
involved.
5. Agreements or provisions of a trust instrument conferring
jurisdiction shall have no legal force if they are contrary to Articles
13, 17 or 21, or if the courts whose jurisdiction they purport to excludehave exclusive jurisdiction by virtue of Article 22.
Article 24
Apart from jurisdiction derived from other provisions of this Regulation,
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 — 01.03.2002 — 000.001 — 11
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Section 8
Examination as to jurisdiction and admissibility
Article 25
Where a court of a Member State is seised of a claim which is
principally concerned with a matter over which the courts of anotherMember State have exclusive jurisdiction by virtue of Article 22, it shalldeclare 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, thecourt shall declare of its own motion that it has no jurisdiction unless itsjurisdiction 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 instituting the
proceedings or an equivalent document in sufficient time to enable him
to arrange for his defence, or that all necessary steps have been taken tothis 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 extrajudicial
documents in civil or commercial matters(
1) shall apply instead of the
provisions of paragraph 2 if the document instituting the proceedings oran equivalent document had to be transmitted from one Member State toanother 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 1965
on the Service Abroad of Judicial and Extrajudicial Documents in Civilor Commercial Matters shall apply if the document instituting theproceedings or an equivalent document had to be transmitted pursuant tothat 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 MemberStates, any court other than the court first seised shall of its own motionstay its proceedings until such time as the jurisdiction of the court 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 favourof 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 theparties, decline jurisdiction if the court first seised has jurisdiction over
the actions in question and its law permits the consolidation thereof.
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 anddetermine them together to avoid the risk of irreconcilable judgmentsresulting from separate proceedings.2001R0044 — EN — 01.03.2002 — 000.001 — 12
(1) OJ L 160, 30.6.2000, p. 37.
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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 theplaintiff has not subsequently failed to take the steps he was requiredto 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 to takethe steps he was required to take to have the document lodged withthe court.
Section 10
Provisional, including protective, measures
Article 31
Application may be made to the courts of a Member State for such
provisional, including protective, measures as may be available under
the law of that State, even if, under this Regulation, the courts of anotherMember State have jurisdiction as to the substance of the matter.
CHAPTER III
RECOGNITION AND ENFORCEMENT
Article 32
For the purposes of this Regulation, ‘judgment’ means any judgment
given by a court or tribunal of a Member State, whatever the judgmentmay 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 procedures
provided for in Sections 2 and 3 of this Chapter, apply for a decision thatthe 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 recognitionthat court shall have jurisdiction over that question.
Article 34
A judgment shall not be recognised:1. if such recognition is manifestly contrary to public policy in the
Member State in which recognition is sought;
2. where it was given in default of appearance, if the defendant was not
served with the document which instituted the proceedings or with anequivalent document in sufficient time and in such a way as to enablehim to arrange for his defence, unless the defendant failed to2001R0044 — EN — 01.03.2002 — 000.001 — 13
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commence proceedings to challenge the judgment when it was
possible for him to do so;
3. if it is irreconcilable with a judgment given in a dispute between the
same parties in the Member State in which recognition is sought;
4. if it is irreconcilable with an earlier judgment given in another
Member State or in a third State involving the same cause of action
and between the same parties, provided that the earlier judgmentfulfils the conditions necessary for its recognition in the MemberState 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 bythe 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 policyreferred 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 if anordinary 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, by reasonof 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 application ofany 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, or to the
place of enforcement.
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 of the2001R0044 — EN — 01.03.2002 — 000.001 — 14
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Member State in which enforcement is sought does not provide for the
furnishing of such an address, the applicant shall appoint a representa-tivead 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 34 and
35. The party against whom enforcement is sought shall not at this stageof the proceedings be entitled to make any submissions on theapplication.
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 the
Member States.
5. An appeal against the declaration of enforceability is to be lodged
within one month of service thereof. If the party against whomenforcement is sought is domiciled in a Member State other than that inwhich the declaration of enforceability was given, the time for appealingshall be two months and shall run from the date of service, either on him
in person or at his residence. No extension of time may be granted on
account 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 only on
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.
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 whomenforcement is sought, stay the proceedings if an ordinary appeal hasbeen lodged against the judgment in the Member State of origin or if the2001R0044 — EN — 01.03.2002 — 000.001 — 15
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time for such an appeal has not yet expired; in the latter case, the court
may 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 provision
of such security as it shall determine.
Article 47
1. When a judgment must be recognised in accordance with this
Regulation, nothing shall prevent the applicant from availing himself ofprovisional, including protective, measures in accordance with the law
of the Member State requested without a declaration of enforceability
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 ofthem, 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 determined
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 fromthe most favourable legal aid or the most extensive exemption fromcosts 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 judgment
given in another Member State on the ground that he is a foreignnational or that he is not domiciled or resident in the State in whichenforcement 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 matter at issuemay be levied in the Member State in which enforcement is sought.2001R0044 — EN — 01.03.2002 — 000.001 — 16
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Section 3
Common provisions
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 certificate
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 itsproductionor accept anequivalent document or, if it considers that it has sufficient informationbefore it, dispense with its production.
2. If the court or competent authority so requires, a translation of the
documents shall be produced. The translation shall be certified by a
person 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 ofa document appointing a representative ad litem.
CHAPTER IV
AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS
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, inanother Member State, be declared enforceable there, on applicationmade in accordance with the procedures provided for in Articles 38, etseq. The court with which an appeal is lodged under Article 43 or
Article 44 shall refuse or revoke a declaration of enforceability only if
enforcement of the instrument is manifestly contrary to public policy inthe 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 drawnup 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 was
concluded shall be enforceable in the State addressed under the sameconditions as authentic instruments. The court or competent authority ofa Member State where a court settlement was approved shall issue, atthe request of any interested party, a certificate using the standard formin Annex V to this Regulation.2001R0044 — EN — 01.03.2002 — 000.001 — 17
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CHAPTER V
GENERAL PROVISIONS
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 is
domiciled in another Member State, the court shall apply the law of thatMember 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 office
anywhere, the place of incorporation or, where there is no such place
anywhere, 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 not nationals
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 appearance in person;in the case of failure to appear, a judgment given in the civil actionwithout the person concerned having had the opportunity to arrange forhis defence need not be recognised or enforced in the other Member
States.
Article 62
In Sweden, in summary proceedings concerning orders to pay
(betalningsföreläggande ) 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 pursuant toArticle 5(1) may refuse to submit to the jurisdiction of that court if thefinal place of delivery of the goods or provision of the services is inLuxembourg.
2. Where, under paragraph 1, the final place of delivery of the goods
or provision of the services is in Luxembourg, any agreement conferringjurisdiction must, in order to be valid, be accepted in writing or
evidenced in writing within the meaning of Article 23(1)(a).
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.2001R0044 — EN — 01.03.2002 — 000.001 — 18
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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 in
Portugal, concerning remuneration or other conditions of service, a courtin a Member State shall establish whether the diplomatic or consularofficer responsible for the ship has been notified of the dispute. It mayact 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 proceedings maynot be resorted to in Germany and Austria. Any person domiciled 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 Austria
in accordance with Chapter III. Any effects which judgments given inthese States may have on third parties by application of the provisions inparagraph 1 shall also be recognised in the other Member States.
CHAPTER VI
TRANSITIONAL PROVISIONS
Article 66
1. This Regulation shall apply only to legal proceedings instituted
and to documents formally drawn up or registered as authentic
instruments 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 givenafter that date shall be recognised and enforced in accordance with
Chapter 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 bothin 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 proceedings
were instituted.
CHAPTER VII
RELATIONS WITH OTHER INSTRUMENTS
Article 67
This Regulation shall not prejudice the application of provisions
governing jurisdiction and the recognition and enforcement ofjudgments in specific matters which are contained in Community
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 MemberStates which fall within the territorial scope of that Convention and2001R0044 — EN — 01.03.2002 — 000.001 — 19
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which are excluded from this Regulation pursuant to Article 299 of the
Treaty.
2. In so far as this Regulation replaces the provisions of the Brussels
Convention between Member States, any reference to the Convention
shall 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 treatyconcluded between two or more of them:
— the Convention between Belgium and France on Jurisdiction and the
Validity and Enforcement of Judgments, Arbitration Awards and
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 Brussels on28 March 1925,
— the Convention between France and Italy on the Enforcement of
Judgments in Civil and Commercial Matters, signed at Rome on 3June 1930,
— the Convention between the United Kingdom and the French
Republic providing for the reciprocal enforcement of judgments in
civil and commercial matters, with Protocol, signed at Paris on 18January 1934,
— the Convention between the United Kingdom and the Kingdom of
Belgium providing for the reciprocal enforcement of judgments incivil and commercial matters, with Protocol, signed at Brussels on 2May 1934,
— the Convention between Germany and Italy on the Recognition and
Enforcement of Judgments in Civil and Commercial Matters, signed
at Rome on 9 March 1936,
— 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 andAuthentic Instruments in Civil and Commercial Matters, signed atBonn 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 atVienna 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 atVienna on 16 June 1959,
— the Convention between the United Kingdom and the Federal
Republic of Germany for the reciprocal recognition and enforcement
of judgments in civil and commercial matters, signed at Bonn on 14
July 1960,
— 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, withamending Protocol signed at London on 6 March 1970,
— the Convention between Greece and Germany for the Reciprocal
Recognition and Enforcement of Judgments, Settlements and2001R0044 — EN — 01.03.2002 — 000.001 — 20
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Authentic Instruments in Civil and Commercial Matters, signed in
Athens 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 onthe Mutual
Recognition and Enforcement of Judgments and Other EnforceableInstruments in Civil and Commercial Matters, signed at The Hagueon 30 August 1962,
— the Convention between the Netherlands and Austria on the
Reciprocal Recognition and Enforcement of Judgments andAuthentic Instruments 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 judgments incivil and commercial matters, signed at Rome on 7 February 1964,with amending 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
enforcement of judgments in civil matters, signed at The Hague on17 November 1967,
— the Convention between Spain and France on the Recognition and
Enforcement of Judgment Arbitration Awards in Civil and
Commercial 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 inCivil 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 Rome
on 16 November 1971,
— the Convention between Spain and Italy regarding Legal Aid and the
Recognition and Enforcement of Judgments in Civil and CommercialMatters, signed at Madrid on 22 May 1973,
— the Convention between Finland, Iceland, Norway, Sweden and
Denmark on the Recognition and Enforcement of Judgments in CivilMatters, 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 Stockholm on
16 September 1982,
— the Convention between Spain and the Federal Republic of Germany
on the Recognition and Enforcement of Judgments, Settlements andEnforceable 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 on
17 February 1984,
— the Convention between Finland and Austria on the Recognition and
Enforcement of Judgments in Civil Matters, signed at Vienna on 17November 1986, and
— the Treaty between Belgium, the Netherlands and Luxembourg in
Jurisdiction, Bankruptcy, and the Validity and Enforcement ofJudgments, Arbitration Awards and Authentic Instruments, signed atBrussels on 24 November 1961, in so far as it is in force.2001R0044 — EN — 01.03.2002 — 000.001 — 21
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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 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 instrumentsbefore 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. With a view to its uniform interpretation, paragraph 1 shall 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 assumingjurisdiction in accordance with that convention, even where thedefendant is domiciled in another Member State which is not a party
to that convention. The court hearing the action shall, in any event,
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 inaccordance with this 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 ofjudgments, those conditions shall apply. In any event, the provisionsof this Regulation which concern the procedure for recognition andenforcement 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 judgments given,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 judgment couldonly be founded on a ground of jurisdiction specified in the secondparagraph of Article 3 of that Convention.
CHAPTER VIII
FINAL PROVISIONS
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 thisRegulation. 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 shall
adapt the Annexes concerned accordingly.
2. The updating or technical adjustment of the forms, specimens of
which appear in Annexes V and VI, shall be adopted in accordance withthe advisory procedure referred to in Article 75(2).2001R0044 — EN — 01.03.2002 — 000.001 — 22
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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 — 01.03.2002 — 000.001 — 23
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ANNEX I
Rules of jurisdiction referred to in Article 3(2)and Article 4(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 ( Zivilprozessordnung ),
— 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 document
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 the Netherlands: Articles 126(3) and 127 of the Code of Civil Procedure
(Wetboek van Burgerlijke Rechtsvordering ),
— 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 ( oikeudenkäy-
miskaari/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 — 01.03.2002 — 000.001 — 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 ’,
— in Germany, the presiding judge of a chamber of the ‘Landgericht ’,
— 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 ’,
— in the Netherlands, the presiding judge of the ‘arrondissementsrechtbank ’;
— 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
judgment, 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
maintenance 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
maintenance judgment, the Magistrates' Court on transmission by the
Attorney General of Gibraltar.2001R0044 — EN — 01.03.2002 — 000.001 — 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 ’o r
‘rechtbank van eerste aanleg ’o r‘erstinstanzliches Gericht ’,
(b) as regards appeal by the applicant: the ‘Courd'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
judgment, the Sheriff Court;
(c) in Northern Ireland, the High Court of Justice, or in the case of a
maintenance judgment, the Magistrate's Court;
(d) in Gibraltar, the Supreme Court of Gibraltar, or in the case of a
maintenance judgment, the Magistrates' Court.2001R0044 — EN — 01.03.2002 — 000.001 — 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 — 01.03.2002 — 000.001 — 27
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ANNEX V
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ANNEX VI
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