Council Act of 28 May 1998 drawing up, on basis of Article K.3 of the Treaty on European Union, the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters
Date: 1998-05-28
Institutions: Council of the European Union
Subjects: EU law - national law, application of the law, divorce, family law, marriage, simplification of formalities

16.7.98

EN

Official  Journal  of  the  European  Communities

C 221/1

(Acts  adopted  under  Title  VI  of  the  Treaty  on  European  Union)

COUNCIL  ACT

of  28  May  1998

drawing  up,  on  basis  of  Article  K.3  of  the  Treaty  on  European  Union,  the  Convention  on
Jurisdiction  and  the  Recognition  and  Enforcement  of  Judgments  in  Matrimonial  Matters

(98/C 221/01)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  on  European  Union,  and  in
particular  Article  K.3(2)(c)  thereof,

in  proceedings  relating  to  divorce, 

Whereas,  for  the  purposes  of  achieving  the  objectives  of
the  Union,  the  Member  States  regard  the  laying  down  of
rules  on  jurisdiction,  recognition  and  enforcement  of
judgments 
legal
separation and marriage annulment, and those relating to
parental  responsibility  over  the  children  of  both  spouses
on  the  occasion  of  matrimonial  proceedings,  as  matters
of  common  interest  falling  within  the  scope  of  judicial
cooperation  in  civil  matters  provided  for  in  Title  VI  of
the  Treaty;

HAS  DECIDED  that  the  Convention,  the  text  of  which  is
given  in  the  Annex  and  which  has  been  signed  today  by
the  representatives  of  the  Governments  of  the  Member
States,  is  hereby  drawn  up,

RECOMMENDS that  it  be  adopted  by  the  Member  States
in  accordance  with  their  respective  constitutional  rules.

Done  at  Brussels,  28  May  1998.

the 

examined 

Having 
the  European
Parliament (1)  following  the  consultation  conducted  by
the  Presidency  in  accordance  with  Article  K.6  of  the
Treaty,

views  of 

For  the  Council

The  President

J.  STRAW

(1) Opinion  delivered  on  30  April  1998 

(OJ  C  152,

18.5.1998).

C 221/2

EN

Official  Journal  of  the  European  Communities

16.7.98

ANNEX

CONVENTION

drawn up on the basis of Article K.3 of the Treaty on European Union, on Jurisdiction and the
Recognition  and  Enforcement  of  Judgments  in  Matrimonial  Matters

THE  HIGH  CONTRACTING  PARTIES  to  this  Convention,  Member  States  of  the  European  Union,

REFERRING to the Council Act of 28 May 1998 drawing up, on the basis of Article K.3 of the Treaty on
European  Union,  the  Convention  on  Jurisdiction  and  the  Recognition  and  Enforcement  of  Judgments  in
Matrimonial Matters,

DESIROUS  of  laying  down  rules  determining  the  jurisdiction  of  Member  States’  courts  with  regard  to
proceedings  relating  to  divorce,  legal  separation  and  marriage  annulment,

AWARE  of  the  importance  of  laying  down  rules  of  jurisdiction  concerning  parental  responsibility  over  the
children  of  both  spouses  on  the  occasion  of  proceedings  to  dissolve  or  loosen  the  marriage  bond,

WISHING  to  ensure  simplification  of  the  formalities  governing  the  recognition  and  enforcement  of  such
judgments  in  the  European  area,

BEARING  IN  MIND  the  principles  on  which  the  Convention  on  Jurisdiction  and  the  Enforcement  of
Judgments  in  Civil  and  Commercial  Matters,  signed  in  Brussels  on  27  September  1968,  is  based,

WHEREAS  Article  K.3(2)(c)  of  the  Treaty  on  European  Union  provides  that  conventions  drawn  up  on  the
basis  of  Article  K.3  of  that  Treaty  may  stipulate  that  the  Court  of  Justice  of  the  European  Communities
shall  have  jurisdiction  to  interpret  their  provisions,  in  accordance  with  such  arrangements  as  they  may  lay
down,

HAVE  AGREED  ON  THE  FOLLOWING  PROVISIONS:

TITLE  I

SCOPE

Article  1

1.

This  Convention  shall  apply  to:

(a) civil  proceedings  relating  to  divorce,  legal  separation

or  marriage  annulment;

(b) civil  proceedings  relating  to  parental  responsibility
for  the  children  of  both  spouses  on  the  occasion  of
the  matrimonial  proceedings  referred  to  in  (a).

2. Other proceedings officially recognised in a Member
judicial
State  shall  be  regarded  as  equivalent 
proceedings.  The 
the
term 
authorities  with  jurisdiction  in  these  matters  in  the
Member  States.

‘court’  shall  cover  all 

to 

TITLE  II

JURISDICTION

SECTION  1

GENERAL  PROVISIONS

Article  2

Divorce,  legal  separation  and  marriage  annulment

1.
In  matters  relating  to  divorce,  legal  separation  or
marriage  annulment,  jurisdiction  shall  lie  with  the  courts
of  the  Member  State:

(a)

in  whose  territory:

16.7.98

EN

Official  Journal  of  the  European  Communities

C 221/3

— the  spouses  are  habitually  resident,  or

— the spouses were last habitually resident, in so far

as  one  of  them  still  resides  there,  or

— the  respondent  is  habitually  resident,  or

— in  the  event  of  a  joint  application,  either  of  the

spouses  is  habitually  resident,  or

— the  applicant  is  habitually  resident  if  he  or  she
resided  there  for  at  least  a  year  immediately
before  the  application  was  made,  or

— the  applicant  is  habitually  resident  if  he  or  she
resided  there  for  at  least  six  months  immediately
before  the  application  was  made  and  is  either  a
national  of  the  Member  State  in  question  or  is
‘domiciled’ there;

b) of nationality of both spouses or of ‘domicile of both
spouses’  established  on  a  long-term  settled  basis.

Each  Member  State  shall  stipulate  in  a  declaration
2.
made  when  giving  the  notification  referred  to 
in
Article  47(2)  whether  it  will  be  applying  the  criterion  of
nationality  or  of  ‘domicile’  referred  to  in  paragraph  1.

3.
For the purpose of this Convention, ‘domicile’ shall
have  the  same  meaning  as  it  has  under  the  legal  systems
of  the  United  Kingdom  and  Ireland.

Article  3

Parental responsibility

1.
The  Courts  of  a  Member  State  exercising
jurisdiction  by  virtue  of  Article  2  on  an  application  for
divorce,  legal  separation  or  marriage  annulment  shall
have 
in  a  matter  relating  to  parental
responsibility  over  a  child  of  both  spouses  where  the
child  is  habitually  resident  in  that  Member  State.

jurisdiction 

2. Where  the  child  is  not  habitually  resident  in  the
Member  State  referred  to  in  paragraph  1,  the  courts  of
that  State  shall  have  jurisdiction  in  such  a  matter  if  the
child  is  habitually  resident  in  one  of  the  Member  States
and

(a)

(b)

the judgment allowing or refusing the application for
divorce,  legal  separation  or  marriage  annulment  has
become  final,  or

in  those  cases  where  proceedings  in  relation  to
parental  responsibility  are  still  pending  on  the  date
referred  to  in  (a),  a  judgment  in  these  proceedings
has  become  final,  or

(c)

the  proceedings  referred  to  in  (a)  and  (b)  have  come
to  an  end  for  another  reason.

Article  4

Child  abduction

The  courts  with  jurisdiction  within  the  meaning  of
Article  3  shall  exercise  their  jurisdiction  in  conformity
with  the  Hague  Convention  of  25  October  1980  on  the
Civil  Aspects  of  International  Child  Abduction,  and  in
particular  Articles  3  and  16  thereof.

Article  5

Counterclaim

The  court  in  which  proceedings  are  pending  on  the  basis
of Articles 2 to 4 shall also have jurisdiction to examine a
counterclaim,  in  so  far  as  the  latter  comes  within  the
scope  of  this  Convention.

Article  6

Conversion  of  legal  separation  into  divorce

Without prejudice to Article 2, a court of a Member State
which  has  given  a  judgment  on  a  legal  separation  shall
also have jurisdiction for converting that judgment into a
divorce,  if  the  law  of  that  Member  State  so  provides.

Article  7

Exclusive  nature  of  jurisdiction  under  Articles  2  to  6

(a) at least one of the spouses has parental responsibility

in  relation  to  the  child  and,

A  spouse  who:

(b)

the  jurisdiction  of  the  courts  has  been  accepted  by
the  spouses  and  is  in  the  best  interests  of  the  child.

(a)

is  habitually  resident  in  the  territory  of  a  Member
State;  or

The  jurisdiction  conferred  by  paragraphs  1  and  2

3.
shall  cease  as  soon  as:

(b)

is  a  national  of  a  Member  State  or  who  has  his  or
her  ‘domicile’  in  the  territory  of  a  Member  State
within  the  meaning  of  Article  2(2),

C 221/4

EN

Official  Journal  of  the  European  Communities

16.7.98

may be sued in another Member State only in accordance
with  Articles  2  to  6.

SECTION  3

LIS  PENDENS  AND  DEPENDENT  ACTIONS

Article  8

Residual  jurisdiction

1. Where  no  court  of  a  Member  State  has  jurisdiction
jurisdiction  shall  be
pursuant  to  Articles  2  to  6, 
determined,  in  each  Member  State,  by  the  laws  of  that
State.

As  against  a  respondent  who  is  not  habitually
2.
resident and is not either a national or does not have his
‘domicile’  within  the  territory  of  a  Member  State  within
the  meaning  of  Article  2(2),  any  national  of  a  Member
State  who  is  habitually  resident  within  the  territory  of
another  Member  State  may,  like  the  nationals  of  that
State,  avail  himself  of  the  rules  of  jurisdiction  applicable
in  that  State.

SECTION  2

EXAMINATION  AS  TO  JURISDICTION  AND
ADMISSIBILITY

Article  9

Examination  as  to  jurisdiction

Where a court of a Member State is seised of a case over
which  it  has  no  jurisdiction  under  this  Convention  and
over  which  a  court  of  another  Member  State  has
jurisdiction  by  virtue  of  this  Convention,  it  shall  declare
of  its  own  motion  that  it  has  no  jurisdiction.

Article  10

Examination  as  to  admissibility

1. Where  a  respondent  does  not  enter  an  appearance,
the  court  with  jurisdiction  shall  stay  the  proceedings  so
long as it is not shown that the respondent has been able
to receive the document instituting the proceedings or an
equivalent  document  in  sufficient  time  to  enable  him  to
arrange  for  his  defence,  or  that  all  necessary  steps  have
been  taken  to  this  end.

2.
The  provisions  of  Article  19  of  the  Convention  of
26 May 1997 on the Service in the Member States of the
European Union of Judicial and Extrajudicial Documents
in  Civil  or  Commercial  Matters  shall  be  applied  instead
of  the  provisions  in  paragraph  1  if  the  document
instituting  the  proceedings  had  to  be  transmitted  abroad
in  accordance  with  that  Convention.

Article  11

1. Where  proceedings  involving  the  same  cause  of
action  and  between  the  same  parties  are  brought  before
courts of different Member States, the court second seised
shall  of  its  own  motion  stay  its  proceedings  until  such
time  as  the  jurisdiction  of  the  court  first  seised  is
established.

2. Where  proceedings  for  divorce,  legal  separation  or
marriage  annulment  not  involving  the  same  cause  of
action  and  between  the  same  parties  are  brought  before
courts of different Member States, the court second seised
shall  of  its  own  motion  stay  its  proceedings  until  such
time  as  the  jurisdiction  of  the  court  first  seised  is
established.

3. Where  the  jurisdiction  of  the  court  first  seised  is
established, 
the  court  second  seised  shall  decline
jurisdiction  in  favour  of  that  court.

In  that  case,  the  party  who  brought  the  relevant  action
before  the  court  second  seised  may  bring  that  action
before  the  court  first  seised.

SECTION  4

PROVISIONAL  AND  PROTECTIVE  MEASURES

Article  12

In  urgent  cases,  the  provisions  of  this  Convention  shall
not  prevent  the  courts  of  a  Member  State  from  taking
such provisional, including protective, measures in respect
of  persons  or  assets  in  that  State  as  may  be  available
under  the  law  of  that  Member  State,  even  if,  under  this
Convention,  the  court  of  another  Member  State  has
jurisdiction  as  to  the  substance  of  the  matter.

TITLE  III

RECOGNITION  AND  ENFORCEMENT

Article  13

Meaning  of  judgment

1.
For  the  purposes  of  this  Convention,  ‘judgment’
means  a  divorce,  legal  separation  or  marriage  annulment

16.7.98

EN

Official  Journal  of  the  European  Communities

C 221/5

pronounced  by  a  court  of  a  Member  State,  as  well  as  a
judgment  relating  to  the  parental  responsibility  of  the
spouses  given  on  the  occasion  of  such  matrimonial
proceedings,  whatever  the  judgment  may  be  called,
including  a  decree,  order  or  decision.

2.
The  provisions  of  this  Title  shall  also  apply  to  the
determination  of  the  amount  of  costs  and  expenses  of
proceedings  under 
the
enforcement  of  any  order  concerning  such  costs  and
expenses.

this  Convention  and 

to 

(a)

if  such  recognition  is  manifestly  contrary  to  the
public  policy  of  the  Member  State 
in  which
recognition  is  sought;

instituted 

(b) where  it  was  given  in  default  of  appearance,  if  the
respondent  was  not  duly  served  with  the  document
which 
the  proceedings  or  with  an
equivalent  document  in  sufficient  time  to  enable  the
respondent to arrange for his or her defence unless it
is  determined  that  the  respondent  has  accepted  the
judgment unequivocally;

3.
For  the  purposes  of  implementing  this  Convention,
documents  which  have  been  formally  drawn  up  or
registered as authentic instruments and are enforceable in
one  Member  State  and  also  settlements  which  have  been
approved by a court in the course of proceedings and are
enforceable  in  the  Member  State  in  which  they  were
concluded  shall  be  recognised  and  declared  enforceable
under the same conditions as the judgments referred to in
paragraph  1.

(c)

(d)

if  it  is  irreconcilable  with  a  judgment  given  in
proceedings between the same parties in the Member
State  in  which  recognition  is  sought;

if  it  is  irreconcilable  with  an  earlier  judgment  given
in  another  Member  State  or  in  a  non-Member  State
between  the  same  parties,  provided  that  the  earlier
judgment  fulfils  the  conditions  necessary  for  its
recognition 
in  which
recognition  is  sought.

the  Member  State 

in 

SECTION  1

RECOGNITION

Article  14

Recognition  of  a  judgment

1.
A  judgment  given  in  a  Member  State  shall  be
recognised  in  the  other  Member  States  without  any
special  procedure  being  required.

2.
In particular, and without prejudice to paragraph 3,
no  special  procedure  shall  be  required  for  up-dating  the
civil-status  records  of  a  Member  State  on  the  basis  of  a
judgment relating to divorce, legal separation or marriage
annulment  given  in  another  Member  State,  and  against
which  no  further  appeal  lies  under  the  law  of  that
Member  State.

Any  interested  party  may,  in  accordance  with  the
3.
procedures provided for in Sections 2 and 3 of this Title,
apply  for  a  decision  that  the  judgment  be  or  not  be
recognised.

4. Where the recognition of a judgment is raised as an
incidental  question  in  a  court  of  a  Member  State,  that
court  may  determine  that  issue.

Article  15

Grounds  of  non-recognition

A judgment relating to a divorce, legal separation or

1.
marriage  annulment  shall  not  be  recognised:

2.
A judgment relating to the parental responsibility of
the  spouses  given  on  the  occasion  of  matrimonial
proceedings  as  referred  to  in  Article  13  shall  not  be
recognised:

(a)

(b)

if  such  recognition  is  manifestly  contrary  to  the
public  policy  of  the  Member  State 
in  which
recognition  is  sought  taking  into  account  the  best
interests  of  the  child;

if it was given, except in case of urgency, without the
child  having  been  given  an  opportunity  to  be  heard,
in  violation  of  fundamental  principles  of  procedure
of  the  Member  State 
is
sought;

in  which  recognition 

(c) where  it  was  given  in  default  of  appearance,  if  the
person  in  default  was  not  duly  served  with  the
document  which  instituted  the  proceedings  or  with
an  equivalent  document  in  sufficient  time  to  enable
that person to arrange for his or her defence unless it
is  determined  that  such  person  has  accepted  the
judgment unequivocally;

(d) on  the  request  of  any  person  claiming  that  the
judgment  infringes  his  or  her  parental  responsibility,
if  it  was  given  without  such  person  having  been
given  an  opportunity  to  be  heard;

(e)

(f)

if it is irreconcilable with a later judgment relating to
parental  responsibility  given  in  the  Member  State  in
which  recognition  is  sought;  or

if it is irreconcilable with a later judgment relating to
parental  responsibility  given  in  another  Member
State  or  in  the  non-Member  State  of  the  habitual
residence  of  the  child  provided  that  the 
later
judgment  fulfils  the  conditions  necessary  for  its

C 221/6

EN

Official  Journal  of  the  European  Communities

16.7.98

recognition 
recognition  is  sought.

in 

the  Member  State 

in  which

Article  16

Non-recognition  and  findings  of  fact

1. Moreover,  a  judgment  shall  not  be  recognised  in  a
case  provided  for  in  Article  43.

2.
In  its  examination  of  the  grounds  of  jurisdiction  in
the  case  referred  to  in  paragraph  1,  the  court  applied  to
shall be bound by the findings of fact on which the court
of  the  Member  State  of  origin  based  its  jurisdiction.

3. Without  prejudice  to  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  Article
15(1)(a)  and  (2)(a)  may  not  be  applied  to  the  rules
relating  to  jurisdiction  set  out  in  Articles  2  to  8.

Article  17

Differences  in  applicable  law

The recognition of a judgment relating to a divorce, legal
separation  or  a  marriage  annulment  may  not  be  refused
because  the  law  of  the  Member  State  in  which  such
recognition  is  sought  would  not  allow  divorce,  legal
separation  or  marriage  annulment  on  the  same  facts.

SECTION  2

ENFORCEMENT

Article  20

Enforceable  judgments

A 

judgment  on 

1.
exercise  of  parental
the 
responsibility in respect of a child of both parties given in
a  Member  State  and  enforceable  in  that  Member  State
shall  be  enforced  in  another  Member  State  when,  on  the
application  of  any  interested  party,  it  has  been  declared
enforceable  there.

2. However,  in  the  United  Kingdom,  such  a  judgment
shall be enforced in England and Wales, in Scotland or in
Northern  Ireland  when,  on  the  application  of  any
interested party, it has been registered for enforcement in
that  part  of  the  United  Kingdom.

Article  21

Jurisdiction  of  local  courts

1.

The  application  shall  be  submitted:

— in  Belgium,  to  the  ‘Tribunal  de  première  instance’  or
‘erst-
‘Rechtbank  van  eerste  aanleg’  or  the 

the 
instanzliche Gericht’,

— in  Denmark,  to  the  ‘byret  (fogedret)’,

— in  the  Federal  Republic  of  Germany,  to  the  ‘Fami-

liengericht’,

— in  Greece,  to  the  ‘Μ(cid:239)ν(cid:239)µ(cid:229)λ(cid:219)ς  Πρω(cid:244)(cid:239)(cid:228)Øκ(cid:229)(cid:221)(cid:239)’,

— in  Spain,  to  the  ‘Juzgado  de  Primera  Instancia’,

— in  France,  to  the  presiding  Judge  of  the  ‘Tribunal  de

Article  18

grande instance’,

Non-review  as  to  substance

— in  Ireland,  to  the  High  Court,

— in  Italy,  to  the  ‘Corte  d’apello’,

Under  no  circumstances  may  a  judgment  be  reviewed  as
to  its  substance.

— in  Luxembourg,  to  the  presiding  Judge  of  the

‘Tribunal d’arrondissement’,

Article  19

Stay  of  proceedings

1.
A  court  of  a  Member  State  in  which  recognition  is
sought of a judgment given in another Member State may
stay  the  proceedings  if  an  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  the  proceedings  if  enforcement  is
suspended in the Member State of origin by reason of an
appeal.

— in  the  Netherlands,  to  the  presiding  Judge  of  the

‘arrondissementsrechtbank’,

— in  Austria,  to  the  ‘Bezirksgericht’,

— in  Portugal,  to  the 
‘Tribunal de Família’,

‘Tribunal  de  Comarca’  or

— in  Finland,  to  the  ‘käräjäoikeus/tingsrätt’,

— in  Sweden,  to  the  ‘Svea  hovrätt’,

— in  the  United  Kingdom,

(a)

in  England  and  Wales,  to  the  High  Court  of
Justice;

(b)

in  Scotland,  to  the  Court  of  Session;

(c)

in  Northern  Ireland,  to  the  High  Court  of
Justice.

16.7.98

EN

Official  Journal  of  the  European  Communities

C 221/7

2. (a) The  jurisdiction  of  local  courts  in  relation  to  an
application  for  enforcement  shall  be  determined
by reference to the place of the habitual residence
of  the  person  against  whom  enforcement 
is
sought  or  by  reference  to  the  place  of  habitual
residence  of  any  child  to  whom  the  application
relates;

(b) Where  neither  of  the  places  referred  to  in  (a)  can
be found in the Member State where enforcement
is  sought,  the  jurisdiction  of  local  courts  is
determined  by 
the  place  of
enforcement.

reference 

to 

In 

relation 

3.
in
to  procedures 
Article  14(3),  the  jurisdiction  of  local  courts  shall  be
determined  by  the  internal  law  of  the  Member  State  in
which proceedings for recognition or non-recognition are
brought.

referred 

to 

Article  22

Procedure  for  enforcement

1.
The  procedure  for  making  the  application  shall  be
governed  by  the  law  of  the  Member  State  in  which
enforcement  is  sought.

The  applicant  must  give  an  address  for  service
2.
within  the  area  of  jurisdiction  of  the  court  applied  to.
However,  if  the  law  of  the  Member  State  in  which
enforcement is sought does not provide for the furnishing
of  such  an  address,  the  applicant  shall  appoint  a
representative  ad  litem.

Article  25

Appeal  against  the  enforcement  decision

1.
If  enforcement  is  authorised,  the  person  against
whom  enforcement  is  sought  may  appeal  against  the
decision  within  one  month  of  service  thereof.

2.
If  that  person  is  habitually  resident  in  a  Member
State  other  than  that  in  which  the  decision  authorising
enforcement  was  given,  the  time  for  appealing  shall  be
two months and shall run from the date of service, either
on him or at his residence. No extension of time may be
granted  on  account  of  distance.

Article  26

Courts  of  appeal  and  means  of  contest

An  appeal  against 

1.
judgment  authorising
enforcement shall be lodged, in accordance with the rules
governing  procedure  in  contradictory  matters:

the 

— in  Belgium,  with  the  ‘Tribunal  de  première  instance’
or  the  ‘Rechtbank  van  eerste  aanleg’  or  the  ‘erst-
instanzliche Gericht’,

— in  Denmark,  with  the  ‘landsret’,

— in  the  Federal  Republic  of  Germany,  with  the

‘Oberlandesgericht’,

— in  Greece,  with  the  ‘Ε(cid:230)(cid:229)(cid:244)(cid:229)(cid:221)(cid:239)’,

The  documents  referred  to  in  Articles  33  and  34

3.
shall  be  attached  to  the  application.

— in  Spain,  with  the  ‘Audiencia  Provincial’,

Article  23

Decision  of  the  court

— in  France,  with  the  ‘Cour  d’appel’,

— in  Ireland,  with  the  High  Court,

— in  Italy,  with  the  ‘Corte  d’appello’,

1.
The  court  applied  to  shall  give  its  decision  without
delay.  The  person  against  whom  enforcement  is  sought
shall  not  at  this  stage  of  the  proceedings  be  entitled  to
make  any  submissions  on  the  application.

— in  Luxembourg,  with  the  ‘Cour  d’appel’,

— in 

the  Netherlands,  with 

the 

‘arrondissements-

rechtbank’,

The  application  may  be  refused  only  for  one  of  the

2.
reasons  specified  in  Articles  15  and  16.

— in  Austria,  with  the  ‘Bezirksgericht’,

Under  no  circumstances  may  a 

3.
reviewed  as  to  its  substance.

judgment  be

— in  Portugal,  with  the  ‘Tribunal  da  Relação’,

— in  Finland,  with  the  ‘Hovioikeus/Hovrätt’,

Article  24

Notice  of  the  decision

The  appropriate  officer  of  the  court  shall  without  delay
bring to the notice of the applicant the decision given on
the  application  in  accordance  with  the  procedure  laid
down  by  the  law  of  the  Member  State  in  which
enforcement  is  sought.

— in  Sweden,  with  the  ‘Svea  hovrätt’,

— in  the  United  Kingdom,

(a)

in  England  and  Wales,  with  the  High  Court  of
Justice;

(b)

in  Scotland,  with  the  Court  of  Session;

(c)

in  Northern  Ireland,  with  the  High  Court  of
Justice.

C 221/8

EN

Official  Journal  of  the  European  Communities

16.7.98

The  judgment  given  on  appeal  may  be  contested

— in  Ireland,  to  the  High  Court,

2.
only:

— in  Belgium,  Greece,  Spain,  France,  Italy,  Luxembourg
and  in  the  Netherlands  by  an  appeal  in  cassation,

— in  Denmark,  by  an  appeal  to  the  ‘Højesteret’,  with

leave  of  the  ‘Procesbevillingsnævnet’,

— in  the  Federal  Republic  of  Germany,  by  a  ‘Rechts-

beschwerde’,

— in  Ireland,  by  an  appeal  on  a  point  of  law  to  the

Supreme  Court,

— in  Italy,  to  the  ‘Corte  d’appello’,

— in  Luxembourg,  to  the  ‘Cour  d’appel’,

— in  the  Netherlands,  to  the  ‘gerechtshof’,

— in  Austria,  to  the  ‘Bezirksgericht’,

— in  Portugal,  to  the  ‘Tribunal  da  Relação’,

— in  Finland,  to  ‘Hovioikeus/Hovrätten’,

— in  Sweden,  to  the  ‘Svea  hovrätt’,

— in  Austria,  by  a  ‘Revisionsrekurs’,

— in  the  United  Kingdom,

— in  Portugal,  by  a  ‘recurso  restrito  à  matéria  de

direito’,

— in  Finland,  by  an  appeal  to  ‘Korkein  oikeus/högsta

domstolen’,

— in  Sweden,  by  an  appeal  to  the  ‘Högsta  domstolen’,

— in  the  United  Kingdom,  by  a  single  further  appeal  on

a  point  of  law.

Article  27

Stay  of  proceedings

1.
The  court  with  which  the  appeal  is  lodged  may,  on
the  application  of  the  appellant,  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
appeal  has  not  yet  expired.  In  the  latter  case,  the  court
may  specify  the  time  within  which  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  be  treated  as  an  ordinary
appeal  for  the  purposes  of  paragraph  1.

Article  28

Court  of  appeal  against  a  judgment  refusing
enforcement

(a)

in  England  and  Wales,  to  the  High  Court  of
Justice;

(b)

in  Scotland,  to  the  Court  of  Session;

(c)

in  Northern  Ireland,  to  the  High  Court  of
Justice.

2.
The  person  against  whom  enforcement  is  sought
shall  be  summoned  to  appear  before  the  appellate  court.
If such person fails to appear, the provisions of Article 10
shall apply.

Article  29

Contest  of  the  appeal  decision

A  judgment  given  on  appeal  provided  for  in  Article  28
may  be  contested  only:

— in  Belgium,  Greece,  Spain,  France,  Italy,  Luxembourg
and  in  the  Netherlands,  by  an  appeal  in  cassation,

— in  Denmark,  by  an  appeal  to  the  ‘Højesteret’  with

leave  of  the  ‘Procesbevillingsnævnet’,

— in  the  Federal  Republic  of  Germany,  by  a  ‘Rechts-

beschwerde’,

— in  Ireland,  by  an  appeal  on  a  point  of  law  to  the

Supreme  Court,

— in  Austria,  by  a  ‘Revisionsrekurs’,

— in  Portugal,  by  a  ‘recurso  restrito  à  matéria  de

direito’,

If  the  application  for  enforcement  is  refused,  the

1.
applicant may appeal:

— in Finland, by an appeal to the ‘Korkein oikeus/högsta

domstolen’,

— in  Belgium,  to  the  ‘Cour  d’appel’  or  the  ‘hof  van

beroep’,

— in  Sweden,  by  an  appeal  to  the  ‘Högsta  Domstolen’,

— in  the  United  Kingdom,  by  a  single  further  appeal  on

— in  Denmark,  to  the  ‘Landsret’,

a  point  of  law.

— in  the  Federal  Republic  of  Germany,  to  the  ‘Ober-

landesgericht’,

— in  Greece,  to  the  ‘Ε(cid:230)(cid:229)(cid:244)(cid:229)(cid:221)(cid:239)’,

— in  Spain,  to  the  ‘Audiencia  Provincial’,

— in  France,  to  the  ‘Cour  d’appel’,

Article  30

Partial  enforcement

1. Where  a  judgment  has  been  given  in  respect  of
several matters and enforcement cannot be authorised for

16.7.98

EN

Official  Journal  of  the  European  Communities

C 221/9

all of them, the court shall authorise enforcement for one
or  more  of  them.

(b) where  appropriate,  a  document  showing  that  the
applicant  is  in  receipt  of  legal  aid  in  the  Member
State  of  origin.

An  applicant  may  request  partial  enforcement  of  a

2.
judgment.

Article  31

Legal aid

1.
An  applicant  who,  in  the  Member  State  of  origin,
has  benefited  from  complete  or  partial  legal  aid  or
exemption from costs or expenses shall be entitled, in the
procedures  provided  for  in  Articles  21  to  24,  to  benefit
from  the  most  favourable  legal  aid  or  the  most  extensive
exemption  from  costs  and  expenses  provided  for  by  the
law  of  the  Member  State  addressed.

An  applicant  who  requests  the  enforcement  of  a
2.
judgment  given  by  an  administrative  authority 
in
Denmark may, in the Member State addressed, be eligible
for  the  provisions  of  paragraph  1  if  he  presents  a
statement  from  the  Danish  Ministry  of  Justice  to  the
effect that he fulfils the economic requirements to qualify
legal  aid  or
for  the  grant  of  complete  or  partial 
exemption  from  costs  or  expenses.

Article  32

Security,  bond  or  deposit

No security, bond or deposit, however described, shall be
required of a party who in one Member State applies for
enforcement  of  a  judgment  given  in  another  Member
State on the ground that he or she is a foreign national or
that  he  or  she  is  not  ‘domiciled’  or  habitually  resident  in
the  Member  State  in  which  enforcement  is  sought.

SECTION  3

COMMON  PROVISIONS

Article  33

Documents

2.
In  addition,  in  the  case  of  a  judgment  given  in
default,  the  party  seeking  recognition  or  applying  for
enforcement  shall  produce:

(a)

the  original  or  certified  true  copy  of  the  document
which  establishes  that  the  defaulting  party  was
served with the document instituting the proceedings
or  with  an  equivalent  document;  or

(b) any  document  indicating  that  the  defendant  has

accepted  the  judgment  unequivocally.

3.
A  person  requiring  the  updating  of  the  civil-status
records of a Member State, as referred to in Article 14(2),
indicating  that  the
shall  also  produce  a  document 
judgment  is  no  longer  subject  to  a  further  appeal  under
the  law  of  the  Member  State  where  the  judgment  was
given.

Article  34

Other  documents

A  party  applying  for  enforcement  shall  also  produce
documents  of  whatever  nature  which  establish  that,
according  to  the  law  of  the  Member  State  of  origin,  the
judgment  is  enforceable  and  has  been  served.

Article  35

Absence  of  documents

If the documents specified in Article 33(1)(b) or (2)
1.
are  not  produced,  the  court  may  specify  a  time  for  their
production,  accept  equivalent  documents  or, 
it
considers  that  it  has  sufficient  information  before  it,
dispense  with  their  production.

if 

2.
If  the  Court  so  requires,  a  translation  of  such
documents  shall  be  furnished.  The  translation  shall  be
certified  by  a  person  qualified  to  do  so  in  one  of  the
Member  States.

Article  36

Legalisation  or  other  similar  formality

A  party  seeking  or  contesting  recognition  or

1.
applying  for  enforcement  of  a  judgment  shall  produce:

(a) a copy of the judgment which satisfies the conditions

necessary  to  establish  its  authenticity;

No  legalisation  or  other  similar  formality  shall  be
required  in  respect  of  the  documents  referred  to  in
Articles  33,  34  and  35(2)  or  in  respect  of  a  document
appointing  a  representative  ad  litem.

C 221/10

EN

Official  Journal  of  the  European  Communities

16.7.98

TITLE  IV

TRANSITIONAL  PROVISIONS

Article  37

1.
The  provisions  of  this  Convention  shall  apply  only
to  legal  proceedings  instituted,  to  documents  formally
drawn  up  or  registered  as  authentic  instruments  and  to
settlements  which  have  been  approved  by  a  court  in  the
course  of  proceedings  after  its  entry  into  force  in  the
Member  State  of  origin  and,  where  recognition  or
enforcement  of  a  judgment  or  authentic  instruments  is
sought,  in  the  Member  State  addressed.

2. However,  judgments  given  after  the  date  of  entry
into  force  of  this  Convention  between  the  Member  State
of origin and the Member State addressed in proceedings
instituted  before  that  date  shall  be  recognised  and
enforced  in  accordance  with  the  provisions  of  Title  III  if
jurisdiction  was  founded  on  rules  which  accorded  with
those provided for either in Title II of this Convention or
in  a  convention  concluded  between  the  Member  State  of
origin  and  the  Member  State  addressed  which  was  in
force  when  the  proceedings  were  instituted.

TITLE  V

GENERAL  PROVISIONS

Article  38

Relation  with  other  Conventions

Subject  to  the  provisions  of  Articles  37,  40  and
1.
paragraph 2 of this Article, this Convention shall, for the
Member  States  which  are  parties  to 
it,  supersede
conventions existing at the time of entry into force of this
Convention  which  have  been  concluded  between  two  or
more  Member  States  and  relate  to  matters  governed  by
this  Convention.

2. (a) At  the  time  of  the  notification  referred  to  in
Article  47,  Denmark,  Finland  and  Sweden  shall
have  the  option  of  declaring  that  the  Convention
of  6  February  1931  between  Denmark,  Finland,
Iceland,  Norway 
comprising
and 
international  private  law  provisions  on  marriage,
adoption  and  guardianship,  together  with  the
Final  Protocol  thereto,  will  apply,  in  whole  or  in
part,  in  their  mutual  relations,  in  place  of  the
rules of this Convention. This declaration may be
withdrawn,  in  whole  or  in  part,  at  any  moment;

Sweden 

(b)

the  principle  of  non-discrimination  on 
the
grounds  of  nationality  between  citizens  of  the

(c)

(d)

Justice, 

Union  shall  be  respected  and  monitored  by  the
Court  of 
the
procedures  laid  down  in  the  Protocol  on  the
interpretation  by  the  Court  of  Justice  of  this
Convention;

in  accordance  with 

the  rules  of  jurisdiction  in  any  future  Agreement
to  be  concluded  between  the  Member  States
referred  to  in  (a)  and  which  relate  to  matters
governed by this Convention shall be in line with
those  laid  down  in  this  Convention;

in 

(a)  under  a 

judgments  handed  down  in  any  of  the  Nordic
States  which  have  made  the  declaration  provided
jurisdiction
for 
corresponding  to  one  of  those  laid  down  in
Title  II  of  this  Convention,  shall  be  recognised
and  enforced  in  the  other  Member  States  under
the  rules  laid  down  in  Title  III  thereof.

forum  of 

3.
After  entry  into  force  of  this  Convention,  Member
States  may  not  conclude  or  apply  agreements  between
themselves  except  in  order  to  supplement  the  provisions
of  the  Convention  or  to  facilitate  application  of  the
principles  contained  therein.

4. Member  States  shall  send  to  the  depositary  of  this
Convention:

(a) a  copy  of 

the  agreements  and  uniform 

implementing 
paragraphs  2(a)  and  (c)  and  3;

these  agreements 

referred 

laws
in

to 

(b) any  denunciations  of,  or  amendments  to,  those

agreements  or  uniform  laws.

Article  39

Relation  with  certain  multilateral  conventions

In relations between the Member States which are parties
to  it,  this  Convention  shall  take  precedence  over  the
following  Conventions  in  so  far  as  they  concern  matters
governed  by  this  Convention:

— the Hague Convention of 5 October 1961 concerning
the  Powers  of  Authorities  and  the  Law  Applicable  in
respect  of  the  Protection  of  Minors,

— the Luxembourg Convention of 8 September 1967 on
the  Recognition  of  Decisions  Relating  to  the  Validity
of Marriages,

— the  Hague  Convention  of  1  June  1970  on  the

Recognition  of  Divorces  and  Legal  Separations,

— the  European  Convention  of  20  May  1980  on
Recognition and Enforcement of Decisions concerning
Custody  of  Children  and  on  Restoration  of  Custody
of  Children,

16.7.98

EN

Official  Journal  of  the  European  Communities

C 221/11

Applicable 

— the  Hague  Convention  of  19  October  1996  on
Jurisdiction, 
Recognition,
Enforcement  and  Cooperation  in  Respect  of  Parental
Responsibility  and  Measures  for  the  Protection  of
Children,  provided  that  the  child  concerned 
is
habitually  resident  in  a  Member  State.

law, 

Article  40

Extent  of  effects

1.
The  agreements  and  conventions  referred  to  in
Articles  38  and  39  shall  continue  to  have  effect  in
relation  to  matters  to  which  this  Convention  does  not
apply.

2.
They  shall  continue  to  have  effect  in  respect  of
judgments  given  and  documents  formally  drawn  up  or
registered  as  authentic  before  the  entry  into  force  of  this
Convention.

4. Member  States  shall  send  to  the  depositary  of  this
Convention:

(a) a copy of the Treaties referred to in paragraphs 1 and

3;

(b) any  denunciations  of  or  amendments 

to 

those

Treaties.

Article  43

Non-recognition  and  non-enforcement  of  judgments
based  on  Article  8

This  Convention  shall  not  prevent  a  Member  State  from
assuming, 
in  a  convention  on  the  recognition  and
enforcement  of  judgments,  an  obligation  towards  a
non-Member  State  not  to  recognise  a  judgment  given  in
another  Member  State  where,  in  cases  provided  for  in
Article  8,  the  judgment  could  only  be  founded  on
grounds  of  jurisdiction  other  than  those  specified  in
Articles  2  to  7.

Article  41

Article  44

Agreements  between  Member  States

Member  States  with  two  or  more  legal  systems

Without  prejudice  to  the  grounds  for  non-recognition
provided for in Title III, judgments given pursuant to the
agreements referred to in Article 38(3) shall be recognised
and  enforced  in  Member  States  which  are  not  parties  to
those  agreements  provided  that  those  judgments  were
given in a forum consistent with a forum provided for in
Title  II.

Article  42

Treaties  with  the  Holy  See

1.
This  Convention  shall  apply  without  prejudice  to
the  International  Treaty  (Concordat)  between  The  Holy
See  and  the  Portuguese  Republic,  signed  at  Vatican  City
on  7  May  1940.

2.
Any decision as to the invalidity of a marriage taken
under  the  Treaty  referred  to  in  paragraph  1  shall  be
recognised  in  the  Member  States  on  the  conditions  laid
down  in  Title  III  of  this  Convention.

3.
The  provisions  laid  down  in  paragraphs  1  and  2
shall  also  apply  to  the  following  International  Treaties
(Concordats)  with  the  Holy  See:

— Concordato lateranense of 11 February 1929 between
the  Italian  Republic  and  the  Holy  See,  modified  by
the  agreement,  with  additional  Protocol  signed  in
Rome  on  18  February  1984,

— Agreement  between  the  Holy  See  and  the  Spanish

State  on  legal  affairs  of  3  January  1979.

With  regard  to  a  Member  State  in  which  two  or  more
systems  of  law  or  sets  of  rules  concerning  matters
governed by this Convention apply in different territorial
units:

(a) any  reference  to  habitual  residence  in  that  Member
State  shall  refer  to  habitual  residence  in  a  territorial
unit;

(b) any  reference  to  nationality  shall  refer  to  the
territorial  unit  designated  by  the  law  of  that  State;

(c) any  reference  to  the  authority  of  a  Member  State
having  received  an  application  for  divorce  or  legal
separation  or  for  marriage  annulment  shall  refer  to
the  authority  of  a  territorial  unit  which  has  received
such  an  application;

(d) any  reference  to  the  rules  of  the  requested  Member
State  shall  refer  to  the  rules  of  the  territorial  unit  in
which  jurisdiction,  recognition  or  enforcement  is
invoked.

TITLE  VI

COURT  OF  JUSTICE

Article  45

The  Court  of  Justice  of  the  European  Communities  shall
have  jurisdiction  to  give  rulings  on  the  interpretation  of
this Convention, in accordance with the provisions of the
Protocol  drawn  up  by  the  Council  Act  of  28  May
1998.

C 221/12

EN

Official  Journal  of  the  European  Communities

16.7.98

TITLE  VII

FINAL  PROVISIONS

Article  46

Declarations  and  reservations

1. Without  prejudice  to  Article  38(2)  and  42,  this
Convention  may  not  be  subject  to  any  reservation.

The  text  of  this  Convention  in  the  language  or
2.
languages of the acceding Member State, as drawn up by
the  Council,  shall  be  authentic.

The  instruments  of  accession  shall  be  deposited

3.
with  the  depositary.

4.
This  Convention  shall  enter  into  force  with  respect
to  any  Member  State  that  accedes  to  it  90  days  after  the
deposit  of  its  instrument  of  accession  or  on  the  date  of
entry  into  force  of  the  Convention  if  it  has  not  already
entered into force at the time of expiry of the said period
of  90  days.

2. Notwithstanding paragraph 1, this Convention shall
operate  subject  to  the  declarations  made  by  Ireland  and
Italy  annexed  to  this  Convention.

5. Where this Convention is not in force at the time of
the deposit of their instrument of accession, Article 47(4)
shall  apply  to  acceding  Member  States.

The  Member  State  concerned  may  at  any  moment
3.
withdraw  such  a  declaration  in  whole  or  in  part.  Any
such  declaration  shall  cease  to  have  effect  90  days  after
the  notification  to  the  depositary  of  the  withdrawal.

Article  47

Adoption  and  entry  into  force

This Convention shall be subject to adoption by the
in  accordance  with  their  respective

1.
Member  States 
constitutional  rules.

2. Member  States  shall  notify  the  depositary  of  the
completion of the constitutional rules for the adoption of
this  Convention.

3.
This  Convention  and  any  amendment  to  it  referred
to in Article 49(2) shall enter into force 90 days after the
notification  referred  to  in  paragraph  2  by  the  State
which,  being  a  member  of  the  European  Union  at  the
time  the  Council  adopts  the  Act  drawing  up  this
Convention,  is  the  last  to  complete  that  formality.

into 

Until 

this  Convention  enters 

4.
force,  any
Member State, may, when giving the notification referred
to in paragraph 2 or at any later date, declare that as far
as  it  is  concerned  the  Convention,  with  the  exception  of
Article 45, shall apply to its relations with Member States
that  have  made  the  same  declaration.  Such  declarations
shall  apply  90  days  after  the  date  of  deposit.

Article  48

Accession

Article  49

Amendments

1.
Amendments  to  this  Convention  may  be  proposed
by  any  Member  State  or  by  the  Commission.  Any
proposal  for  amendment  shall  be  forwarded  to  the
depositary,  who  shall  communicate  it  to  the  Council.

2.
Amendments  shall  be  drawn  up  by  the  Council,
which  shall  recommend  their  adoption  by  the  Member
States  in  accordance  with  their  respective  constitutional
rules.  Amendments  thus  adopted  shall  enter  into  force  in
accordance  with  Article  47(3).

3. However,  at  the  request  of  the  Member  State
concerned,  the  naming  of  the  courts  or  means  of  appeal
referred to in Articles 21(1), 26(1) and (2), 28(1) and 29
may  be  amended  by  decision  of  the  Council.

Article  50

Depositary  and  publication

The  Secretary-General  of  the  Council  shall  act  as

1.
depositary  of  this  Convention.

The  depositary  shall  publish  in  the  Official  Journal

2.
of  the  European  Communities:

(a)

the  adoptions  and  accessions;

(b)

the  date  on  which  the  Convention  enters  into  force;

(c) declarations  referred  to  in  Articles  2(2),  38(2),  46,
47(4)  and  48(5),  as  well  as  the  modifications  or
withdrawals  of  such  declarations;

This  Convention  shall  be  open  to  accession  by  any

1.
State  that  becomes  a  member  of  the  European  Union.

(d) amendments  to  this  Convention  referred  to 

in

Article  49(2)  and  (3).

16.7.98

EN

Official  Journal  of  the  European  Communities

C 221/13

En  fe  de  lo  cual  los  plenipotenciarios  abajo  firmantes  suscriben  el  presente  Convenio.

Til  bekræftelse  heraf  har  undertegnede  befuldmægtigede  underskrevet  denne  konvention.

Zu  Urkund  dessen  haben  die  unterzeichneten  Bevollmächtigten  ihre  Unterschrift  unter  dieses
Übereinkommen  gesetzt.
Σ(cid:229)  (cid:240)(cid:221)(cid:243)(cid:244)ω(cid:243)η  (cid:244)ων  Æνω(cid:244)(cid:219)ρω,  (cid:239)Ø  υ(cid:240)(cid:239)γρ(cid:192)(cid:230)(cid:239)ν(cid:244)(cid:229)ς  (cid:240)ληρ(cid:229)Œ(cid:239)υ(cid:139) (cid:243)Ø(cid:239)Ø  (cid:219)θ(cid:229)(cid:243)Æν  (cid:244)ην  υ(cid:240)(cid:239)γρÆ(cid:230)η(cid:139) (cid:244)(cid:239)υς  κ(cid:192)(cid:244)ω  Æ(cid:240)(cid:222)
(cid:244)ην  (cid:240)Æρ(cid:239)υ(cid:139) (cid:243)Æ  (cid:243)υ(cid:139) µ(cid:226)Æ(cid:243)η.

In  witness  whereof,  the  undersigned  Plenipotentiaries  have  signed  this  Convention.

En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas de la présente
convention.

Dá  fhianú  sin,  chuir  na  Lánchumhachtaigh  thíos-sínithe  a  lámh  leis  an  gCoinbhinsiún  seo.

In  fede  di  che  i  plenipotenziari  sottoscritti  hanno  apposto  le  loro  firme  in  calce  alla  presente
convenzione.

Ten  blijke  waarvan  de  ondergetekende  gevolmachtigden  hun  handtekening  onder  dit  verdrag
hebben  gesteld.

Em  fé  do  que,  os  plenipotenciários  abaixo-assinados  apuseram  as  suas  assinaturas  no  final  da
presente  convenção.

Tämän  vakuudeksi  alla  mainitut 
yleissopimuksen.

täysivaltaiset  edustajat  ovat  allekirjoittaneet 

tämän

Till  bekräftelse  härav  har  undertecknade  befullmäktigade  ombud  undertecknat  denna
konvention.

Hecho  en  Bruselas,  el  veintiocho  de  mayo  de  mil  novecientos  noventa  y  ocho,  en  un  ejemplar
único en lenguas alemana, danesa, española, finesa, francesa, griega, inglesa, irlandesa, italiana,
neerlandesa,  portuguesa  y  sueca,  siendo  cada  uno  de  estos  textos  igualmente  auténtico,  que  se
depositará  en  los  archivos  de  la  Secretaría  General  del  Consejo  de  la  Unión  Europea.

Udfærdiget  i  Bruxelles,  den  otteogtyvende  maj  nitten  hundrede  og  otteoghalvfems,  i  ét
eksemplar  på  dansk,  engelsk,  finsk,  fransk,  græsk,  irsk,  italiensk,  nederlandsk,  portugisisk,
spansk, svensk og tysk, idet hver af disse tekster har samme gyldighed; de deponeres i arkiverne
i  Generalsekretariatet  for  Rådet  for  Den  Europæiske  Union.

Geschehen  zu  Brüssel  am  achtundzwanzigsten  Mai  neunzehnhundertachtundneunzig  in  einer
Urschrift  in  dänischer,  deutscher,  englischer,  finnischer,  französischer,  griechischer,  irischer,
italienischer,  niederländischer,  portugiesischer,  schwedischer  und  spanischer  Sprache,  wobei
jeder  Wortlaut  gleichermaßen  verbindlich 
im  Archiv  des
Generalsekretariats  des  Rates  der  Europäischen  Union  hinterlegt.

ist;  die  Urschrift  wird 

˛γØν(cid:229)  (cid:243)(cid:244)Øς  ΒρυŒ(cid:219)λλ(cid:229)ς,  (cid:243)(cid:244)Øς  (cid:229)(cid:221)κ(cid:239)(cid:243)Ø  (cid:239)κ(cid:244)ω(cid:139) ΜÆØ(cid:239)υ  ł(cid:221)λØÆ  (cid:229)ννØÆκ(cid:222)(cid:243)ØÆ  (cid:229)ν(cid:229)νη(cid:139) ν(cid:244)Æ  (cid:239)κ(cid:244)ω(cid:139) ,  (cid:243)(cid:229)  (cid:219)νÆ  µ(cid:222)ν(cid:239)
Æν(cid:244)(cid:221)(cid:244)υ(cid:240)(cid:239)  (cid:243)(cid:244)ην  ÆγγλØκη(cid:139) ,  γÆλλØκη(cid:139) ,  γ(cid:229)ρµÆνØκη(cid:139) ,  (cid:228)ÆνØκη(cid:139) ,  (cid:229)λληνØκη(cid:139) ,  ØρλÆν(cid:228)Øκη(cid:139) ,  Ø(cid:243)(cid:240)ÆνØκη(cid:139) ,  Ø(cid:244)ÆλØκη(cid:139) ,
(cid:239)λλÆν(cid:228)Øκη(cid:139) ,  (cid:240)(cid:239)ρ(cid:244)(cid:239)γÆλØκη(cid:139) ,  (cid:243)(cid:239)υη(cid:228)Øκη(cid:139) κÆØ  (cid:230)ØνλÆν(cid:228)Øκη(cid:139)
γλω(cid:139) (cid:243)(cid:243)Æ.  ˛κÆ(cid:243)(cid:244)(cid:239)  κ(cid:229)(cid:221)µ(cid:229)ν(cid:239)  (cid:229)(cid:221)νÆØ  (cid:229)Œ(cid:221)(cid:243)(cid:239)υ
Æυθ(cid:229)ν(cid:244)Øκ(cid:222),  (cid:244)(cid:239)  (cid:228)(cid:229)  (cid:240)ρω(cid:244)(cid:222)(cid:244)υ(cid:240)(cid:239)  Æυ(cid:244)(cid:222)  κÆ(cid:244)Æ(cid:244)(cid:221)θ(cid:229)(cid:244)ÆØ  (cid:243)(cid:244)Æ  Æρł(cid:229)(cid:221)Æ  (cid:244)ης  Γ(cid:229)νØκη(cid:139) ς  ΓρÆµµÆ(cid:244)(cid:229)(cid:221)Æς  (cid:244)(cid:239)υ
Συµ(cid:226)(cid:239)υλ(cid:221)(cid:239)υ  (cid:244)ης  Ευρω(cid:240)Æϊκη(cid:139) ς  ˛νω(cid:243)ης.

Done at Brussels on the  twenty-eighth day of May in the year one thousand nine hundred and
ninety-eight, in a single original, in the Danish, Dutch, English, Finnish, French, German, Greek,
Irish,  Italian,  Portuguese,  Spanish  and  Swedish  languages,  each  text  being  equally  authentic,
such  original  being  deposited  in  the  archives  of  the  General  Secretariat  of  the  Council  of  the
European  Union.

Fait à Bruxelles, le vingt-huit mai mil neuf cent quatre-vingt-dix-huit, en un exemplaire unique,
en  langues  allemande,  anglaise,  danoise,  espagnole,  finnoise,  française,  grecque,  irlandaise,
italienne,  néerlandaise,  portugaise  et  suédoise,  les  textes  établis  dans  chacune  de  ces  langues
faisant  également  foi,  exemplaire  qui  est  déposé  dans  les  archives  du  secrétariat  général  du
Conseil  de  l’Union  européenne.

Arna  dhéanamh  sa  Bhruiséil,  ar  an  ochtú  lá  is  fiche  de  Bhealtaine  sa  bhliain  míle  naoi  gcéad
nócha  a  hocht,  i  scríbhinn  bhunaidh  amháin  sa  Bhéarla,  sa  Danmhairgis,  san  Fhionlainnis,  sa
Fhraincis, sa Ghaeilge, sa Ghearmáinis, sa Ghréigis, san Iodáilis, san Ollainnis, sa Phortaingéilis,
sa Spáinnis agus sa tSualainnis, agus comhúdarás ag gach ceann de na téacsanna sin; déanfar an
scríbhinn  bhunaidh  sin  a  thaisceadh  i  gcartlann  Ardrúnaíocht  Chomhairle  an  Aontais
Eorpaigh.

C 221/14

EN

Official  Journal  of  the  European  Communities

16.7.98

Fatto a Bruxelles, addì ventotto maggio millenovecentonovantotto, in unico esemplare in lingua
danese,  finlandese,  francese,  greca,  inglese,  irlandese,  italiana,  olandese,  portoghese,  spagnola,
svedese  e  tedesca,  ciascun  testo  facente  ugualmente  fede;  l’esemplare  è  depositato  negli  archivi
del  Segretariato  generale  del  Consiglio  dell’Unione  europea.

Gedaan  te  Brussel,  de  achtentwintigste  mei  negentienhonderd  achtennegentig,  in  één  exemplaar
in  de  Deense,  de  Duitse,  de  Engelse,  de  Finse,  de  Franse,  de  Griekse,  de  Ierse,  de  Italiaanse,  de
Nederlandse,  de  Portugese,  de  Spaanse  en  de  Zweedse  taal,  zijnde  alle  teksten  gelijkelijk
authentiek, dat wordt nedergelegd in het archief van het Secretariaat-generaal van de Raad van
de  Europese  Unie.

Feito  em  Bruxelas,  em  vinte  e  oito  de  Maio  de  mil  novecentos  e  noventa  e  oito,  em  exemplar
único,  nas  línguas  alemã,  dinamarquesa,  espanhola,  finlandesa,  francesa,  grega,  inglesa,
irlandesa,  italiana,  neerlandesa,  portuguesa  e  sueca,  fazendo  igualmente  fé  cada  um  dos  textos,
ficando  esse  exemplar  depositado  nos  arquivos  do  Secretariado-Geral  do  Conselho  da  União
Europeia.

Tehty  Brysselissä  kahdentenakymmenentenäkahdeksantena  päivänä 
toukokuuta  vuonna
tuhatyhdeksänsataayhdeksänkymmentäkahdeksan  englannin,  espanjan,  hollannin,  iirin,  italian,
kreikan,  portugalin,  ranskan,  ruotsin,  saksan,  suomen  ja  tanskan  kielellä  yhtenä  kappaleena,
jonka jokainen teksti on yhtä todistusvoimainen ja joka talletetaan Euroopan unionin neuvoston
pääsihteeristön  arkistoon.

Som  skedde  i  Bryssel  den  tjugoåttonde  maj  nittonhundranittioåtta  i  ett  enda  exemplar  på
danska,  engelska,  finska,  franska,  grekiska,  iriska,  italienska,  nederländska,  portugisiska,
spanska, svenska och tyska språken, varvid varje text äger samma giltighet, och detta exemplar
skall  deponeras  i  arkiven  hos  generalsekretariatet  för  Europeiska  unionens  råd.

Pour  le  gouvernement  du  Royaume  de  Belgique

Voor  de  regering  van  het  Koninkrijk  België

Für  die  Regierung  des  Königreichs  Belgien

For  regeringen  for  Kongeriget  Danmark

Für  die  Regierung  der  Bundesrepublik  Deutschland

ΓØÆ  (cid:244)ην  κυ(cid:226)(cid:219)ρνη(cid:243)η  (cid:244)ης  ΕλληνØκη(cid:139) ς  ∆ηµ(cid:239)κρÆ(cid:244)(cid:221)Æς

16.7.98

EN

Official  Journal  of  the  European  Communities

C 221/15

Por  el  Gobierno  del  Reino  de  España

Pour  le  gouvernement  de  la  République  française

Thar  ceann  Rialtas  na  hÉireann

For  the  Government  of  Ireland

Per  il  governo  della  Repubblica  italiana

Pour  le  gouvernement  du  Grand-Duché  de  Luxembourg

Voor  de  regering  van  het  Koninkrijk  der  Nederlanden

C 221/16

EN

Official  Journal  of  the  European  Communities

16.7.98

Für  die  Regierung  der  Republik  Österreich

Pelo  Governo  da  República  Portuguesa

Suomen  hallituksen  puolesta

På  finska  regeringens  vägnar

På  svenska  regeringens  vägnar

For  the  Government  of  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland

16.7.98

EN

Official  Journal  of  the  European  Communities

C 221/17

DECLARATION  BY  IRELAND,  TO  BE  ANNEXED  TO  THE  CONVENTION

Notwithstanding the provisions of this Convention, Ireland may maintain the jurisdiction which
it has to refuse to recognise a divorce obtained in another Member State where that divorce has
been obtained as a result of the party, or parties, deliberately misleading a court of the State in
question in relation to its jurisdictional requirements such that recognition of the divorce would
not  be  compatible  with  the  Constitution  of  Ireland.

This  declaration  will  apply  for  a  period  of  five  years.  It  will  be  renewable  every  five  years.

DECLARATION, TO BE ANNEXED TO THE CONVENTION BY ANY OF THE NORDIC
MEMBER  STATES  ENTITLED  TO  MAKE  A  DECLARATION  WITHIN  THE  MEANING
OF  ARTICLE  38(2)

The  application  of  the  Convention  of  6  February  1931  between  Denmark,  Finland,  Iceland,
Norway and Sweden comprising international private law provisions on marriage, adoption and
guardianship,  together  with  the  Final  Protocol  thereto,  is  in  line  with  Article  K.7  of  the  Treaty
in that the Convention does not prevent the establishment of closer cooperation between two or
more  Member  States  in  so  far  as  such  cooperation  does  not  conflict  with,  or  impede,  that
provided  for  in  the  Convention.

They  undertake  no  longer  to  apply  Article  7(2)  of  the  1931  Nordic  Agreement  in  their  mutual
relations and to review at an early date the rules of jurisdiction applicable in the framework of
that  Agreement  in  the  light  of  the  principle  set  out  in  Article  38(2)(b)  of  the  Convention.

The  grounds  for  refusal  used  in  the  context  of  the  uniform  laws  are  in  practice  applied  in  a
manner  consistent  with  those  laid  down  in  Title  III  of  this  Convention.

DECLARATION  BY  THE  ITALIAN  DELEGATION,  TO  BE  ANNEXED  TO  THE
CONVENTION

With regard to Article 42 of the Convention, Italy reserves the right, in respect of judgments by
Portuguese  ecclesiastical  courts,  to  adopt  the  procedures  and  carry  out  the  checks  provided  for
in  its  own  legal  system  in  respect  of  similar  judgments  by  ecclesiastical  courts,  on  the  basis  of
the  agreements  it  has  concluded  with  the  Holy  See.