Amended proposal for a Council Regulation on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for joint children
Date: 2000-03-17
Institutions: European Commission
Subjects: child care, judicial cooperation, matrimonial law, national law, parental responsibility

26.9.2000

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Official Journal of the European Communities

C 274 E/13

Amended proposal for a Council Regulation on jurisdiction and the recognition and enforcement
of judgments in matrimonial matters and in matters of parental responsibility for joint children (1)

(2000/C 274 E/03)

COM(2000) 151 final (cid:151) 1999/0110(CNS)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 17 March 2000)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular point
(c) of Article 61 and
Article 67(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament,

Having regard to the Opinion of the Economic and Social
Committee,

Whereas:

security

(1) The Member States have set themselves the objective of
maintaining and developing the Union as an area of
free
and justice,
freedom,
in which the
to establish such an
movement of persons is assured;
area the Community is to adopt, among others,
the
measures relating to judicial cooperation in civil matters
needed for the sound operation of the internal market.

(2) The sound operation of the internal market entails the
need to improve and expedite the free movement of
judgments in civil matters.

(3) This is a subject now falling within the ambit of Article

65 of the Treaty.

(4) Differences between certain national rules governing juris-
diction and enforcement hamper the free movement of
persons and the sound operation of the internal market.
There are accordingly grounds for enacting provisions to
unify the rules of conflict of jurisdiction in matrimonial
matters and in matters of parental responsibility so as to
simplify the formalities for rapid and automatic recog-
nition and enforcement of judgments.

(5) In accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of the Treaty, the
sufficiently
objectives of
achieved by the Member States and can therefore be
better achieved by the Community. This Regulation

this Regulation cannot be

to the minimum required in order

to
confines itself
achieve those objectives and does not go beyond what
is necessary for that purpose.

with

their

(6) The Council, by Act dated 28 May 1998 (2), concluded a
Convention on jurisdiction and the recognition and
enforcement of
judgments in matrimonial matters and
recommended it for adoption by the Member States in
constitutional
accordance
requirements. Continuity in the results of the negotiations
for conclusion of the Convention should be ensured. The
content of this Regulation is substantially taken over from
the Regulation contains a number of new
it, but
in the Convention in order to secure
provisions not
consistency with certain provisions of the Regulation on
jurisdiction and the recognition and enforcement of
judgments in civil and commercial matters.

respective

(7) In order to attain the objective of

responsibility within the Community,

free movement of
judgments in matrimonial matters and in matters of
parental
is
necessary and appropriate that the cross-border recog-
nition of jurisdiction and judgments in relation to the
dissolution of matrimonial ties and to responsibility for
the children of both spouses be governed by a mandatory,
and directly applicable, Community legal instrument.

it

(8) The

and

other

scope of

non-judicial

this Regulation should include

civil
proceedings
proceedings
occurring in matrimonial matters in certain States, and
excludes purely religious procedures. It should therefore
be provided that the reference to (cid:145)courts(cid:146) includes all the
authorities,
judicial or otherwise, with jurisdiction in
matrimonial matters.

(9) This Regulation should be confined to proceedings
relating to the dissolution or annulment of matrimonial
ties as such. The recognition of divorce and annulment
rulings affects only the dissolution of matrimonial ties;
despite the fact that they may be interrelated, the Regu-
the
lation does not affect
the
spouses, property consequences of
maintenance obligation or any other ancillary measures.

issues such as the fault of
the marriage,

(10) The Regulation covers parental responsibility issues that
are closely linked to proceedings for divorce, separation or
annulment; it will apply only to children of both spouses.

(1) OJ C 247 E, 31.8.1999, p. 1.

(2) OJ C 221, 16.7.1998, p. 1. Ms Borras’ explanatory report is also

published in the same Official Journal.

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(11) The grounds for jurisdiction accepted in this Regulation
are based on the rule that there must be a real
link
between the party concerned and the Member State exer-
cising jurisdiction. The decision to include certain grounds
corresponds to the fact that they exist in different national
legal systems and are accepted by the other Member
States.

(12) One of

fundamental

interests of

country. The

the risks to be considered in relation to the
protection of the children of both spouses in a marital
crisis is that one of the parents will take the child to
another
the
children must
in accordance
therefore be protected,
with, in particular, the Hague Convention of 25 October
1980 on the Civil Aspects of the International Abduction
of Children. The lawful habitual residence is accordingly
maintained as the criterion for jurisdiction in cases where,
because the child has been moved or has not been
returned without lawful reason, there has been a de facto
change in the habitual residence.

(13) The Regulation does not preclude the courts of a Member
State from taking provisional or protective measures in an
urgent situation regarding persons and property situated
within the territory of such Member State.

(14) The word (cid:145)judgment(cid:146) refers only to positive decisions, that
is to say those that lead to divorce,
legal separation or
marriage annulment. Those documents which have been
formally drawn up or registered as authentic instruments
and are enforceable in one Member State are treated as
equivalent to such (cid:145)judgments(cid:146).

(15) The recognition and enforcement of judgments given in a
Member State are based on the principle of mutual trust.
to the
The grounds
for non-recognition are kept
minimum required. None the less, means of
redress
should be available in order to ensure observance of
public policy in the State addressed and to safeguard the
rights of the defence and those of the parties, so as to
withhold recognition of irreconcilable judgments.

(20) The Member States should remain free to agree among
themselves on practical measures for the application of
the Regulation so long as no Community measures have
been taken to that end.

(21) No later than five years after the date of the entry into
force of this Regulation, the Commission must review its
application and propose such amendments as may appear
necessary.

(22) In accordance with Article 3 of

the Protocol on the
position of the United Kingdom and Ireland, annexed to
the Treaty on European Union and the Treaty establishing
the European Community,
the United Kingdom and
Ireland have given notice of their intention of partici-
pating in the adoption of this Regulation.

(23) In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark, annexed to the Treaty on
European Union and
the
European Community, Denmark is not participating in
the adoption of
this Regulation is
this Regulation;
accordingly not binding on Denmark, nor is it applicable
in its regard.

the Treaty

establishing

(24) The measures required for the implementation of

this
Regulation must,
in accordance with Article 2 of
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (1) be laid down
by the advisory committee procedure provided for in
Article 3 of that Decision,

HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE

Article 1

(16) The State addressed should review neither the jurisdiction

of the State of origin nor the findings of fact.

1.

This Regulation shall apply to:

(17) No procedures may be required for the updating of civil-
status documents in one Member State where a final
judgment has been given in another Member State.

(a) civil proceedings relating to divorce,

legal separation or

marriage annulment;

(18) The Convention concluded by the Nordic States in 1931
should be capable of application within the limits set by
this Regulation and in compliance with the principle of
non-discrimination.

(19) Spain, Italy and Portugal had concluded Concordats before
these matters were brought within the ambit of
the
Treaty; it is necessary to ensure that these States do not
breach their international commitments in relation to the
Holy See.

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

2.
Other proceedings officially recognised in a Member State
shall be regarded as equivalent to judicial proceedings. The
term (cid:145)court(cid:146) shall cover all the authorities with jurisdiction in
these matters in the Member States.

(1) OJ L 184, 17.7.1999, p. 23.

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CHAPTER II

JURISDICTION

S E C T I O N 1

G E N E R A L P R O V I S I O N S

Article 2

Divorce, legal separation and marriage annulment

1.
In matters
marriage annulment,
the Member State:

relating to divorce,
jurisdiction shall

legal

separation or
lie with the courts of

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

relation to the child, and

(b) the jurisdiction of the courts has been accepted by the

spouses and is in the best interests of the child.

The jurisdiction conferred by paragraphs 1 and 2 shall

3.
cease as soon as:

(a) the judgment allowing or
legal

refusing the application for
separation or marriage annulment has

divorce,
become final, or

(a) in whose territory:

(cid:151) the spouses are habitually resident, or

(b) 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

(cid:151) the spouses were last habitually resident, in so far as

one of them still resides there, or

(c) the proceedings referred to in (a) and (b) have come to an

end for another reason.

(cid:151) the respondent is habitually resident, or

(cid:151) in the event of a joint application, either of the spouses

is habitually resident, or

(cid:151) the applicant is habitually resident if he or she resided
immediately before the

least a year

there for at
application was made, or

(cid:151) the applicant is habitually resident if he or she resided
there for at least six months immediately before the
application was made and is a national of
the
Member State in question or has his domicile there;

(b) of nationality of both spouses or, in the case of the United
Kingdom and Ireland, of their durable common domicile.

For the purposes of this Regulation, the word (cid:145)domicile(cid:146)
2.
has the meaning given to it in the legal systems of the United
Kingdom and Ireland.

Article 3

Parental responsibility

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 Inter-
national 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 Regulation.

Article 6

Conversion of legal separation into divorce

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

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

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

Article 7

Exclusive nature of jurisdiction under Articles 2 to 6

A spouse who:

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

(b) is a national of a Member State, or has his domicile there

within the meaning of Article 2(2),

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

S E C T I O N 3

L I S P E N D E N S A N D D E P E N D E N T A C T I O N S

Article 8

Residual jurisdiction

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

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 juris-
diction of the court first seised is established.

As against a respondent who is not habitually resident
2.
and is not a national of a Member State or does not have his
domicile there 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.

S E C T I O N 2

E X A M I N A T I O N A S T O J U R I S D I C T I O N A N D
A D M I S S I B I L I T Y

2. Where proceedings relating to divorce, legal separation or
marriage annulment not involving the same cause of action but
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 estab-
the court second seised shall decline jurisdiction in
lished,
favour of that court.

Article 9

Examination as to jurisdiction

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

Where a court of a Member State is seised of a case over which
it has no jurisdiction under this Regulation and over which a
court of another Member State has jurisdiction by virtue of this
Regulation, 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
an equivalent
document
document in sufficient time to enable him to arrange for his
defence, or that all necessary steps have been taken to this end.

the proceedings or

instituting

Article 19 of Council Regulation (EC) No . . . of . . . on
2.
the service in the Member States of judicial and extrajudicial
documents in civil or commercial matters shall apply in lieu of
the provisions of paragraph 1 if the document commencing
the action has had to be transmitted abroad pursuant to that
Regulation.

the
Where that Regulation does not apply, Article 15 of
the Hague of 15 November 1965 on the
Convention of
Judicial and Extrajudicial Documents in
Service Abroad of
Civil or Commercial Matters shall apply if
the document
commencing the action has had to be transmitted abroad
pursuant to that Convention.

For the purposes of Article 11, a court shall be deemed to

4.
be seised:

(a) at the time when the document instituting the proceedings
or an equivalent document
is lodged with the court,
provided that the plaintiff has not subsequently failed to
take the steps he was required to take to have service
effected on the defendant, or

(b) 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 take the steps he was required to take
to have the document lodged with the court.

S E C T I O N 4

P R O V I S I O N A L A N D P R O T E C T I V E M E A S U R E S

Article 12

including protective, measures

In urgent cases, the provisions of this Regulation shall not
1.
the courts of a Member State from taking such
prevent
provisional,
in respect of
persons or assets in that State as may be available under the
law of that Member State, even if, under this Regulation, the
court of another Member State has jurisdiction as to the
substance of the matter.

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Provisional, including protective, measures taken pursuant
2.
to paragraph 1 and relating to matters within the scope of this
Regulation shall expire when a judgment with the same
subject-matter has been given by the court having jurisdiction
to hear the case on the merits pursuant to this Regulation and
has been recognised or enforced pursuant thereto.

CHAPTER III

RECOGNITION AND ENFORCEMENT

Article 13

Meaning of (cid:145)judgment(cid:146)

For the purposes of this Regulation, (cid:145)judgment(cid:146) means a
1.
divorce,
legal separation or marriage annulment pronounced
by a court of a Member State, as well as a judgment relating
the spouses given on the
to the parental responsibility of
occasion of
the
judgment may be called, including a decree, order or decision.

such matrimonial proceedings, whatever

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

For

the purposes of

3.
implementing this Regulation,
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
concluded shall be
recognised and declared enforceable under the same conditions
as the judgments referred to in paragraph 1.

in which they were

S E C T I O N 1

R E C O G N I T I O N

Article 14

Recognition of a judgment

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

In particular, and without prejudice to paragraph 3, no
2.
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,

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

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

Article 15

Grounds of non-recognition

1.
A judgment relating to a divorce,
marriage annulment shall not be recognised:

legal separation or

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

(b) where it was given in default of appearance,

the
respondent was not duly served with the document
which instituted the proceedings or with an equivalent
document
time and in such a way as to
enable the respondent to arrange for his or her defence
unless it is determined that the respondent has accepted
the judgment unequivocally;

in sufficient

if

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

(d) if

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

the

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

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

(b) if it was given, except in case of urgency, without the child
having been given an opportunity to be heard, in violation
of
the Member
State in which recognition is sought;

fundamental principles of procedure of

(c) if

the person in default was not duly served with the
document which instituted the proceedings or with an
equivalent document in sufficient time and in such a way
as to enable that person to arrange for his or her defence
unless it is determined that such person has accepted the
judgment unequivocally;

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

(e) if

is irreconcilable with a later judgment relating to
responsibility given in the Member State in

it
parental
which recognition is sought; or

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(f)

it

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

judgment

the later

Article 16

Prohibition of review of jurisdiction of court of origin

The jurisdiction of the court of the Member State of origin may
not be reviewed. The test of public policy referred to in Article
15(1)(a) and (2)(a) may not be applied to the rules relating to
jurisdiction set out 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.

Where a Member State is required by this Regulation to
recognise a divorce, it shall not prevent either of the spouses
from contracting a new marriage on the basis of the fact that
the national law of a Member State of which the spouses have
the nationality does not recognise the divorce.

Article 18

Non-review as to substance

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

Article 19

Stay of proceedings

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.

A court of a Member State in which recognition is sought of a
the
judgment given in the United Kingdom or
enforcement of which is suspended in the Member State or
origin by reason of an appeal, may stay the proceedings.

Ireland,

S E C T I O N 2

E N F O R C E M E N T

Article 20

Enforceable judgments

enforceable in that Member State and has been duly served
shall be enforced in another Member State when, on the
application of any interested party,
it has been declared
enforceable there.

However, in the United Kingdom, judgments shall be enforced
in England and Wales, Scotland or Northern Ireland, after regis-
tration for enforcement on application by an interested party,
in one or other of those parts of the United Kingdom as the
case requires.

Article 21

Jurisdiction of local courts

The application shall be submitted to the local courts

1.
listed in Annex I.

local courts

The jurisdiction of

2.
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.

the places

first
Where neither of
subparagraph can be found in the Member State where
enforcement
local courts is
determined by reference to the place of enforcement.

referred to in the

the jurisdiction of

is sought,

3.
In relation to procedures referred to in 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.

Article 22

Procedure for enforcement

The procedure for making the application shall be
in which

the Member State

law of

1.
governed by the
enforcement is sought.

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

The documents referred to in Articles 31 and 32 shall be

3.
attached to the application.

Article 23

Judgment of the court

A judgment on the exercise of parental responsibility in respect
of a child of both parties given in a Member State which is

1.
The court applied to shall give judgment without delay.
The person against whom enforcement is sought shall not at

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stage of

this
submissions on the application.

the proceedings be entitled to make any

The application may be refused only for one of

2.
reasons specified in Article 15.

the

Under no circumstances may a judgment be reviewed as

3.
to its substance.

Article 24

Service of judgment

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

Article 25

Appeal against the judgment

Either party may appeal against the judgment given on the
application for a declaration of enforceability. The appeal
shall be brought in the relevant court in the list in Annex II.
It shall be examined in accordance with the rules governing
adversarial proceedings.

If the appeal
is brought by the party who applied for the
against whom
declaration
the party
enforcement is sought shall appear before the court hearing
the appeal. If that party does not appear, Article 10 shall apply.

enforceability,

of

judgment.

The appeal against the judgment making the declaration of
enforceability shall be brought within one month following
against whom
the
service of
If
is habitually resident
enforcement
in a Member
is sought
in which the judgment making the
State other than that
declaration of enforceability was given, the time allowed shall
be two months and shall run from the date of service either on
that party or at his residence. No extension of time may be
granted on account of distance.

the party

If the decision is given in the United Kingdom or Ireland, all
in the Member State of origin shall be
appeals brought
considered to be ordinary appeals
the purposes of
for
paragraph 1.

Article 28

Partial enforcement

1. Where a judgment has been given in respect of several
matters and enforcement cannot be authorised for all of them,
the court shall authorise enforcement for one or more of them.

An applicant may request partial enforcement of a

2.
judgment.

Article 29

Legal aid

An applicant who, in the Member State of origin, has benefited
from complete or partial legal aid or exemption from costs or
expenses shall be entitled, in the procedures provided for in
Articles 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.

Article 30

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 habitually resident in the Member State in which
enforcement is sought.

S E C T I O N 3

C O M M O N P R O V I S I O N S

Article 31

Documents

Article 26

Courts of appeal and means of contest

A party seeking or contesting recognition or applying for

1.
enforcement of a judgment shall produce:

The judgment given on appeal may be contested only in the
manners listed in Annex III.

(a) a copy of

the judgment which satisfies the conditions

necessary to establish its authenticity;

Article 27

Stay of proceedings

The court with which the appeal is lodged pursuant to Articles
25 and 26 may, on the application of the party against whom
enforcement
is sought, stay the proceedings if an ordinary
appeal has been lodged against the judgment in the Member
State of origin or if the time for such appeal has not yet
expired.
In the latter case, the court may specify the time
within which an appeal is to be lodged.

(b) the certificate provided for by Article 34, without prejudice

to Article 35.

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 a 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

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(b) any document indicating that the defendant has accepted

the judgment unequivocally.

Article 32

Other documents

The court or competent authority of
the Member State in
which the judgment was given shall, at the request of any
interested party, issue a certificate on the model at Annex IV
(judgments in matrimonial matters) or Annex V (judgments in
matters of parental responsibility).

Article 33

Absence of documents

If the documents specified in Article 31(1)(b) or (2) are
their
it considers
information before it, dispense with

1.
not produced,
production, accept equivalent documents or,
that
their production.

the court may specify a time for

it has sufficient

if

Member States which are parties to it, supersede conventions
existing at the time of entry into force of this Regulation which
have been concluded between two or more Member States and
relate to matters governed by this Regulation.

2.
Finland and Sweden shall have the option of declaring
that the Convention of 6 February 1931 between Denmark,
Finland, Iceland, Norway and Sweden comprising international
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
Regulation. Such declarations shall be annexed to this Regu-
lation and published in the Official
the European
Communities. They may be withdrawn, in whole or in part, at
any moment by the said Member States.

Journal of

The principle of non-discrimination on the grounds of
nationality between citizens of the Union shall be respected.

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

jurisdiction in any future Agreement

The rules of
to be
concluded between the Member States referred to in the first
subparagraph which relate to matters governed by this Regu-
lation shall be in line with those laid down in this Regulation.

Article 34

Legalisation or other similar formality

No legalisation or other similar formality shall be required in
respect of the documents referred to in Articles 31, 32 and
33(2) or in respect of a document appointing a representative
ad litem.

CHAPTER IV

TRANSITIONAL PROVISIONS

Article 35

The provisions of this Regulation shall apply only to legal
1.
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.

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

CHAPTER V

GENERAL PROVISIONS

Article 36

Relation with other Conventions

1.
Subject
paragraph 2 of

to the provisions of Articles 35 and 38 and
for the

this Regulation shall,

this Article,

Judgments handed down in any of the Nordic States which
have made
first
the declaration provided for
subparagraph under a forum of jurisdiction corresponding to
one of those laid down in Chapter II, shall be recognised and
enforced in the other Member States under the rules laid down
in Chapter III thereof.

in the

3. Member States shall send to the Commission:

(a) a copy of the agreements and uniform laws implementing
first and third

referred to in the

these agreements
subparagraphs of paragraph 2;

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

or uniform laws.

Article 37

Relation with certain multilateral conventions

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

take precedence over

(cid:151) the Hague Convention of 5 October 1961 concerning the
Powers of Authorities and the Law Applicable in respect of
the Protection of Minors,

(cid:151) the Luxembourg Convention of 8 September 1967 on the
Recognition of Decisions Relating to the Validity of
Marriages,

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(cid:151) the Hague Convention of 1 June 1970 on the Recognition

(cid:151) Agreement between the Holy See and Spain on legal affairs

of Divorces and Legal Separations,

of 3 January 1979.

(cid:151) the European Convention of 20 May 1980 on Recognition
and Enforcement of Decisions concerning Custody of
Children and on Restoration of Custody of Children,

(cid:151) the Hague Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Cooperation
in Respect of Parental Responsibility and Measures for the
Protection of Children, provided that the child concerned is
habitually resident in a Member State.

Article 38

Extent of effects

The agreements and conventions referred to in Articles
1.
36(1) and 37 shall continue to have effect in relation to matters
to which this Regulation does not apply.

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

Article 39

Agreements between Member States

1.
Two or more Member States may conclude agreements or
arrangements to amplify this Regulation or to facilitate its
application.

Member States shall send to the Commission:

(a) a copy of the draft agreements; and

(b) any denunciations of, or amendments to, these agreements.

In no circumstances may the agreements or arrangements

2.
derogate from Chapters II or III.

Article 40

Treaties with the Holy See

1.
This Regulation shall apply without prejudice to the Inter-
national Treaty (Concordat) between the Holy See and Portugal,
signed at the 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 Chapter
III.

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

(cid:151) Concordato lateranense of 11 February 1929 between Italy
and the Holy See, modified by the agreement, with
additional Protocol signed in Rome on 18 February 1984,

4.
In Italy and Spain the recognition of decisions to which
paragraph 2 applies may be referred to the same procedures
and the same reviews as decisions given by ecclesiastical courts
in accordance with the international treaties with the Holy See
referred to in paragraph 3.

5. Member States shall send to the Commission:

(a) a copy of the Treaties referred to in paragraphs 1 and 3;

(b) any denunciations of or amendments to those Treaties.

Article 41

Member States with two or more legal systems

With regard to a Member State in which two or more systems
of law or sets of rules concerning matters governed by this
Regulation apply 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 the 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
in which

shall refer to the rules of
jurisdiction, recognition or enforcement is invoked.

the territorial unit

CHAPTER VI

FINAL PROVISIONS

Article 42

Review

No later than five years after the date of the entry into force of
this Regulation, and every five years thereafter, the Commission
shall present to the European Parliament, the Council and the
Economic and Social Committee a report on the application of
this Regulation, and in particular Articles 36, 39 and 40
thereof. The report shall be accompanied if need be by
proposals for adaptations.

Article 43

Amendment of Annexes

1.
The Member States shall notify the Commission of their
legislative provisions amending the designations of courts and
competent authorities listed in Annexes I and II and the redress
procedures listed in Annex III. The Commission shall adapt
those Annexes accordingly.

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Updates and technical amendments to the standard forms
2.
in Annexes IV and V shall be adopted by the procedure
provided for by Article 44.

apply,

shall
Decision.

in compliance with Article 7(3) of

that

Article 44

Article 45

Entry into force

1.
The Commission shall be assisted by an Advisory
Committee consisting of representatives of the Member States
and chaired by the Commission.

This Regulation shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities. It shall have effect from 1 January 2001.

2. Where reference is made to paragraph 1, the advisory
procedure laid down by Article 3 of Decision 1999/468/EC

This Regulation shall be binding in its entirety and directly
applicable in all Member States.

ANNEX I

The applications provided for by Article 21 shall be submitted to the following courts or competent authorities:

(cid:151) in Belgium, the (cid:145)Tribunal de premiŁre instance(cid:146) or the (cid:145)Rechtbank van eerste aanleg(cid:146) or the (cid:145)erstinstanzliche Gericht(cid:146),

(cid:151) in the Federal Republic of Germany, the (cid:145)Familiengericht(cid:146),

(cid:151) in Greece, (cid:145)(cid:204)(cid:239)(cid:237)(cid:239)(cid:236)(cid:229)º(cid:221)(cid:242) —æø(cid:244)(cid:239)(cid:228)ØŒ(cid:229)(cid:223)(cid:239)(cid:146),

(cid:151) in Spain, the (cid:145)Juzgado de Primera Instancia(cid:146),

(cid:151) in France, the presiding Judge of the (cid:145)Tribunal de grande instance(cid:146),

(cid:151) in Ireland, the High Court,

(cid:151) in Italy, the (cid:145)Corte d’appello(cid:146),

(cid:151) in Luxembourg, the presiding Judge of the (cid:145)Tribunal d’arrondissement(cid:146),

(cid:151) in the Netherlands, the presiding Judge of the (cid:145)Arrondissementsrechtbank(cid:146),

(cid:151) in Austria, the (cid:145)Bezirksgericht(cid:146),

(cid:151) in Portugal, the (cid:145)Tribunal de Comarca(cid:146) or (cid:145)Tribunal de Fam(cid:237)lia(cid:146),

(cid:151) in Finland, the (cid:145)k(cid:228)r(cid:228)j(cid:228)oikeus/tingsr(cid:228)tt(cid:146),

(cid:151) in Sweden, the (cid:145)Svea hovr(cid:228)tt(cid:146),

(cid:151) in the United Kingdom:

(a) in England and Wales, the High Court of Justice,

(b) in Scotland, the Court of Session,

(c) in Northern Ireland, the High Court of Justice.

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ANNEX II

The appeal provided for by Article 25 shall be lodged with the courts listed below:

(cid:151) in Belgium, the (cid:145)Tribunal de premiŁre instance(cid:146) or the (cid:145)Rechtbank van eerste aanleg(cid:146) or the (cid:145)erstinstanzliche Gericht(cid:146),

(cid:151) in the Federal Republic of Germany, the (cid:145)Oberlandesgericht(cid:146),

(cid:151) in Greece, the (cid:145)¯(cid:246)(cid:229)(cid:244)(cid:229)(cid:223)(cid:239)(cid:146),

(cid:151) in Spain, the (cid:145)Audiencia Provincial(cid:146),

(cid:151) in France, the (cid:145)Cour d’appel(cid:146),

(cid:151) in Ireland, the High Court of Justice,

(cid:151) in Italy, the (cid:145)Corte d’appello(cid:146),

(cid:151) in Luxembourg, the (cid:145)Cour d’appel(cid:146),

(cid:151) in the Netherlands, the (cid:145)Arrondissementsrechtbank(cid:146),

(cid:151) in Austria, the (cid:145)Bezirksgericht(cid:146),

(cid:151) in Portugal, the (cid:145)Tribunal de Rela(cid:231)ªo(cid:146),

(cid:151) in Finland, the (cid:145)Hovioikeus/Hovr(cid:228)tt(cid:146),

(cid:151) in Sweden, the (cid:145)Svea hovr(cid:228)tt(cid:146),

(cid:151) in the United Kingdom:

(a)

in England and Wales, the High Court of Justice,

(b)

in Scotland, the Court of Session,

(c)

in Northern Ireland, the High Court of Justice.

ANNEX III

The appeals provided for by Article 26 may be brought only:

(cid:151) in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,

(cid:151) in the Federal Republic of Germany, by a (cid:145)Rechtsbeschwerde(cid:146),

(cid:151) in Ireland, by an appeal on a point of law to the Supreme Court,

(cid:151) in Austria, by a (cid:145)Revisionsrekurs(cid:146),

(cid:151) in Portugal, by a (cid:145)recurso restrito (cid:224) matØria de direito(cid:146),

(cid:151) in Finland, by an appeal to (cid:145)Korkein oikeus/h(cid:246)gsta domstolen(cid:146),

(cid:151) in Sweden, by an appeal to the (cid:145)H(cid:246)gsta domstolen(cid:146),

(cid:151) in the United Kingdom, by an appeal on a point of law only.

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Certificate under Article 34 of the Regulation concerning judgments in matrimonial matters of parental responsibility.

ANNEX IV

1. Member State of origin

2. Court or authority issuing the certificate

2.1. Name

2.2. Address

2.3. Tel/Fax/E-mail

3. Marriage

3.1. Wife

3.1.1. Name

3.1.2. Country and place of birth

3.1.3. Date of birth

3.2. Husband

3.2.1. Name

3.2.2. Country and place of birth

3.2.3. Date of birth

3.3. Country and date of marriage

3.3.1. Country

3.3.2. Date

4. Court which delivered the judgment

4.1. Type of court

4.2. Place of court

5. Judgment

5.1. Date

5.2. Reference number

5.3. Nature of judgment

5.3.1. Divorce

5.3.2. Annulment

5.3.3. Separation

&

&

&

5.4. Judgment given in default of appearance

5.4.1. No

5.4.2. Yes (1)

&

&

6. Names of parties to whom legal aid has been granted

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7.

IIs the judgment appealable in the State of origin?

7.1. No

7.2. Yes

8. Date of legal effect:

8.1. of divorce (2)

8.2. of separation

Done at

......................................................................... (date)

(1) The documents referred to in Article 33(2) must be attached.
(2) If different from that given at 5.1.

....................................................................................................
Signature/stamp

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Certificate under Article 34 of the Regulation concerning judgments in matters of parental responsibility.

ANNEX V

1. Member State of origin

2. Court or authority issuing the certificate

2.1. Name

2.2. Address

2.3. Tel/Fax/E-mail

3. Parents

3.1. Mother

3.1.1. Name

3.2. Father

3.2.1. Name

4. Court which delivered the judgment

4.1. Type of court

4.2. Place of court

5. Judgment

5.1. Date

5.2. Reference number

5.3. Judgment given in default of appearance

5.3.1. No

5.3.2. Yes (1)

6. Children concerned by the judgment (2)

6.1. Name and date of birth

6.2. Name and date of birth

6.3. Name and date of birth

6.4. Name and date of birth

7. Names of parties to whom legal aid has been granted

(1) The documents referred to in Article 33(2) must be attached.
(2) If more than four children are involved, use a second form.

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8. Enforceability of service/notification

8.1. Is the judgment enforceable in accordance with the laws of the State of origin?

8.1.1. Yes

8.1.2. No

8.2. Has the judgment been served on/notified to the party against whom enforcement is sought?

8.2.1. Yes

8.2.1.1. Name of party

8.2.1.2. Date of service/notification

8.2.2. No

Done at

......................................................................... (date)

....................................................................................................
Signature/stamp