Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses
Date: 2000-05-29
Institutions: Council of the European Union
Subjects: civil procedure, divorce, enforcement of ruling, judicial cooperation in civil matters in the EU, judicial separation, jurisdiction, matrimonial law, parental responsibility, private international law

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COUNCIL REGULATION (EC) No 1347/2000

of 29 May 2000

on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in
matters of parental responsibility for children of both spouses

THE COUNCIL OF THE EUROPEAN UNION,

(5)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 61(c) and Article 67(1)
thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Whereas:

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

(2) The proper functioning of the internal market entails the
need to improve and simplify the free movement of
judgments in civil matters.

(3) This is a subject now falling within the ambit of Article 65

of the Treaty.

(4) Differences between certain national rules governing
jurisdiction 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 responsi-
bility so as to simplify the formalities for rapid and
automatic recognition and enforcement of judgments.

In accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of the Treaty,
the objectives of this Regulation cannot be sufficiently
achieved by the Member States and can therefore be
better achieved by the Community. This Regulation does
not go beyond what
is necessary to achieve those
objectives.

(6) The Council, by an Act (4) dated 28 May 1998, drew up a
Convention on jurisdiction and the recognition and
enforcement of judgments in matrimonial matters and
recommended it for adoption by the Member States in
accordance with their respective constitutional rules.
Continuity in the results of the negotiations for con-
clusion of the Convention should be ensured. The content
of this Regulation is substantially taken over from the
Convention, but this Regulation contains a number of
new provisions not in the Convention in order to secure
consistency with certain provisions of
the proposed
regulation on jurisdiction and the recognition and
enforcement of judgments in civil and commercial mat-
ters.

(7)

In order to attain the objective of free movement of
judgments in matrimonial matters and in matters of
parental responsibility within the Community, it is necess-
ary and appropriate that the cross-border recognition of
jurisdiction and judgments in relation to the dissolution
of matrimonial ties and to parental responsibility for the
children of both spouses be governed by a mandatory,
and directly applicable, Community legal instrument.

(8) The measures laid down in this Regulation should be
consistent and uniform, to enable people to move as
widely as possible. Accordingly, it should also apply to
nationals of non-member States whose links with the
territory of a Member State are sufficiently close,
in
keeping with the grounds of jurisdiction laid down in the
Regulation.

(1) OJ C 247, 31.8.1999, p. 1.
(2) Opinion delivered on 17 November 1999 (not yet published in

the Official Journal).

(3) OJ C 368, 20.12.1999, p. 23.

(4) OJ C 221, 16.7.1998; p. 1. On the same day as the Convention
was drawn up, the Council took note of the explanatory report
to the Convention, as prepared by Prof. Alegrı´a Borra´s. This
explanatory report is set out on page 27 of the aforementioned
Official Journal.

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(9) The scope of this Regulation should cover civil proceed-
ings and non-judicial proceedings in matrimonial matters
in certain States, and exclude purely religious procedures.
It should therefore be provided that the reference to
‘courts’ includes all the authorities, judicial or otherwise,
with jurisdiction in matrimonial matters.

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

(16) The recognition and enforcement of judgments given in
a Member State are based on the principle of mutual
trust. The grounds for non-recognition are kept to the
minimum required. Those proceedings should incorpor-
ate provisions to ensure observance of public policy in
the State addressed and to safeguard the rights of the
defence and those of the parties, including the individual
rights of any child involved, and so as to withhold
recognition of irreconcilable judgments.

(17) The State addressed should review neither the jurisdiction

of the State of origin nor the findings of fact.

(18) No procedures may be required for the updating of civil-
status documents in one Member State on the basis of a
final judgment given in another Member State.

(11) This Regulation covers parental responsibility for children
of both spouses on issues that are closely linked to
proceedings for divorce,
legal separation or marriage
annulment.

(19) The Convention concluded by the Nordic States in 1931
should be capable of application within the limits set by
this Regulation.

(12) The grounds of 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
exercising 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.

(13) One of 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 country. The fundamental interests of the chil-
dren must therefore be protected, in accordance 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 grounds of 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.

(14) This Regulation does not prevent the courts of a Member
including protective,
in urgent cases, with regard to persons or

State from taking provisional,
measures,
property situated in that State.

(15) The word ‘judgment’ refers only to decisions 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
‘judgments’.

(20) Spain,

Italy and Portugal had concluded Concordats
before the matters covered by this Regulation were
brought within the ambit of the Treaty: It is necessary to
ensure that these States do not breach their international
commitments in relation to the Holy See.

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

(22) Annexes I

to III relating to the courts and redress
procedures should be amended by the Commission on
the basis of amendments transmitted by the Member
State concerned. Amendments to Annexes IV and V
should be adopted in accordance with Council Decision
1999/468/EC of 28 June 1999 laying down the pro-
cedures for the exercise of implementing powers con-
ferred on the Commission (1).

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

(24) The United Kingdom and Ireland, 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 Com-
munity, have given notice of their wish to take part in the
adoption and application of this Regulation.

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

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(25) Denmark, in accordance with Articles 1 and 2 of the
Protocol on the position of Denmark annexed to the
Treaty on European Union and the Treaty establishing
the European Community,
is not participating in the
adoption of this Regulation, and is therefore not bound
by it nor subject to its application,

HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE

Article 1

1.

This Regulation shall apply to:

(a) civil proceedings relating to divorce, legal separation or

marriage annulment;

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

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

In this Regulation, the term ‘Member State’ shall mean

3.
all Member States with the exception of Denmark.

CHAPTER II

JURISDICTION

S e c t i o n 1

General provisions

Article 2

— 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
least a year immediately before the

there for at
application was made, or

— the applicant is habitually resident if he or she resided
there for at least six months immediately before the
application was made and is either a national of the
Member State in question or, in the case of the United
Kingdom and Ireland, has his ‘domicile’ there;

(b) of the nationality of both spouses or, in the case of the
United Kingdom and Ireland, of the ‘domicile’ of both
spouses.

2.
For the purpose of this Regulation, ‘domicile’ shall have
the same meaning as it has under the legal systems of the
United Kingdom 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 separ-
ation 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:

(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.

Divorce, legal separation and marriage annulment

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

(a)

in whose territory:

The jurisdiction conferred by paragraphs 1 and 2 shall

3.
cease as soon as:

(a) the judgment allowing or refusing the application for
legal separation or marriage annulment has

divorce,
become final;

— the spouses are habitually resident, or

or

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(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

Article 8

Residual jurisdiction

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

end for another reason.

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 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 Regulation.

Article 6

Conversion of legal separation into divorce

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

Article 7

Exclusive nature of jurisdiction under Articles 2 to 6

A spouse who:

(a)

is habitually resident in the territory of a Member State;

or

(b) is a national of a Member State, or, in the case of the
United Kingdom and Ireland, has his or her ‘domicile’ in
the territory of one of the latter Member States,

2.
As against a respondent who is not habitually resident
and is not either a national of a Member State or, in the case
of the United Kingdom and Ireland, does not have his ‘domicile’
within the territory of one of the latter Member States, any
national of a Member State who is habitually resident within
the territory of another Member State may, like the nationals
of that State, avail himself of the rules of jurisdiction applicable
in that State.

S e c t i o n 2

Examination as to jurisdiction and admissibility

Article 9

Examination as to jurisdiction

Where a court of a Member State is seised of a case over which
it has no jurisdiction under this Regulation and over which a
court of 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 habitually resident in a State other
than the Member State where the action was brought 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.
Article 19 of Council Regulation (EC) No 1348/2000 of
29 May 2000 on the service in the Member States of judicial
and extrajudicial documents in civil or commercial matters (1),
shall apply instead of the provisions of paragraph 1 of this
Article if the document instituting the proceedings or an
equivalent document had to be transmitted from one Member
State to another pursuant to that Regulation.

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

(1) See p. 37 of this Official Journal.

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3. Where the provisions of Council Regulation (EC) No
1348/2000 are not applicable, Article 15 of the Hague Con-
vention of 15 November 1965 on the service abroad of judicial
and extrajudicial documents in civil or commercial matters
shall apply if the document instituting the proceedings or an
equivalent document had to be transmitted abroad pursuant
to that Convention.

S e c t i o n 4

Provisional, including protective, measures

Article 12

S e c t i o n 3

Lis pendens and dependent actions

Article 11

1. Where proceedings involving the same cause of action
and between the same parties are brought before courts of
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 estab-
lished, 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.

For the purposes of this Article, a court shall be deemed

4.
to be seised:

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

or

In urgent cases, the provisions of this Regulation shall not
prevent the courts of a Member State from taking such
provisional, including protective, measures in respect of per-
sons 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.

CHAPTER III

RECOGNITION AND ENFORCEMENT

Article 13

Meaning of ‘judgment’

1.
For the purposes of this Regulation, ‘judgment’ means a
divorce, legal separation or marriage annulment pronounced
by a court of 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.

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 in which they were concluded shall be recog-
nised and declared enforceable under the same conditions as
the judgments referred to in paragraph 1.

S e c t i o n 1

Recognition

Article 14

(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 applicant has not
subsequently failed to take the steps he was required to
take to have the document lodged with the court.

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.

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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,

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.

(c) where it was given in default of appearance if the person
in default was not 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;

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.

(e)

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

Article 15

or

Grounds of non-recognition

A judgment relating to a divorce, legal separation or

1.
marriage annulment shall not be recognised:

(f)

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 recognition in the Member State in which
recognition is sought.

(a)

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

Article 16

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

the
respondent was not served with the document which
instituted the proceedings or with an equivalent document
in sufficient 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;

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;

or

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

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 fundamental principles of procedure of the Member
State in which recognition is sought;

Agreement with third States

A court of a Member State may, on the basis of an agreement
on the recognition and enforcement of judgments, not recog-
nise 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 17

Prohibition of review of jurisdiction of court of origin

The jurisdiction of the court of the Member State of origin
may not be reviewed. The test of public policy referred to in
Article 15(1)(a) and (2)(a) may not be applied to the rules
relating to jurisdiction set out in Articles 2 to 8.

Article 18

Differences in applicable law

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

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Article 19

Non-review as to substance

Where neither of the places referred to in the first subparagraph
can be found in the Member State where enforcement is
sought, the local jurisdiction shall be determined by reference
to the place of enforcement.

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

Article 20

Stay of proceedings

1.
A court of a Member State in which recognition is sought
of a judgment given in another Member State may stay the
proceedings 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.

S e c t i o n 2

Enforcement

Article 21

Enforceable judgments

1.
A judgment on the exercise of parental responsibility in
respect of a child of both parties given in a Member State
which is enforceable in that Member State and has been served
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 22

Jurisdiction of local courts

An application for a declaration of enforceability shall

1.
be submitted to the court appearing in the list in Annex I.

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

Article 23

Procedure for enforcement

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

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

The documents referred to in Articles 32 and 33 shall be

3.
attached to the application.

Article 24

Decision of the court

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

The application may be refused only for one of the

2.
reasons specified in Articles 15, 16 and 17.

Under no circumstances may a judgment be reviewed as

3.
to its substance.

Article 25

Notice of the decision

2.
The local jurisdiction 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 habitual residence
of any child to whom the application relates.

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.

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Article 26

Appeal against the enforcement decision

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.

The decision on the application for a declaration of

1.
enforceability may be appealed against by either party.

The appeal shall be lodged with the court appearing in

2.
the list in Annex II

Article 29

Partial enforcement

The appeal shall be dealt with in accordance with the

3.
rules governing procedure in contradictory matters.

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.

If the appeal is brought by the applicant for a declaration
4.
of enforceability, the party against whom enforcement is
sought shall be summoned to appear before the appellate
court.
the provisions of
Article 10 shall apply.

If such person fails to appear,

An applicant may request partial enforcement of a

2.
judgment.

is sought

5.
An appeal against a declaration of enforceability must be
lodged within one month of service thereof. If the party against
in a
whom enforcement
Member State other than that in which the declaration of
enforceability 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.

is habitually resident

Article 30

Legal aid

An applicant who, in the Member State of origin, has benefited
from complete or partial legal aid or exemption from costs or
expenses shall be entitled, in the procedures provided for in
Articles 22 to 25, 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 27

Courts of appeal and means of contest

The judgment given on appeal may be contested only by the
proceedings referred to in Annex III.

Article 31

Security, bond or deposit

Article 28

Stay of proceedings

No security, bond or deposit, however described, shall be
required of a party who in one Member State applies for
enforcement of a judgment given in another Member State on
the following grounds:

(a) that he or she is not habitually resident in the Member

State in which enforcement is sought; or

The court with which the appeal

is lodged under
1.
Articles 26 or 27 may, on the application of the party against
whom enforcement is sought, stay the proceedings if an
ordinary appeal has been lodged 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) that he or she is either a foreign national or, where
enforcement is sought in either the United Kingdom or
Ireland, does not have his or her ‘domicile’ in either of
those Member States.

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S e c t i o n 3

Common provisions

Article 32

Documents

Article 35

Legalisation or other similar formality

No legalisation or other similar formality shall be required in
respect of the documents referred to in Articles 32, 33 and
34(2) or in respect of a document appointing a representative
ad litem.

A party seeking or contesting recognition or applying

1.
for a declaration of enforceability shall produce:

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

necessary to establish its authenticity;

and

(b) a certificate referred to in Article 33.

2.
In addition, in the case of a judgment given in default,
the party seeking recognition or applying for a declaration of
enforceability 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.

Article 33

Other documents

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

Article 34

Absence of documents

1.
If the documents specified in Article 32(1)(b) or (2) are
not produced, the court may specify a time for their pro-
duction, accept equivalent documents or, if it considers that it
has sufficient
information before it, dispense with their
production.

CHAPTER IV

GENERAL PROVISIONS

Article 36

Relation with other instruments

1.
Subject to the provisions of Articles 38, 42 and para-
graph 2 of this Article, this Regulation shall, for the Member
States, 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)

(a) Finland and Sweden shall have the option of
declaring that the Convention of 6 February 1931
between Denmark, Finland, Iceland, Norway and
Sweden comprising international private law pro-
visions 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 Regulation
and published in the Official Journal of the European
Communities. They may be withdrawn, in whole or
in part, at any moment by the said Member
States (1).

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

(c) The rules of jurisdiction in any future agreement to
be concluded between the Member States referred
to in subparagraph (a) which relate to matters
governed by this Regulation shall be in line with
those laid down in this Regulation.

(d) Judgments handed down in any of the Nordic
States which have made the declaration provided
for in subparagraph (a) under a forum of jurisdic-
tion 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.

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.

(1) None of these Member States made this statement when the

Regulation was adopted.

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3. Member States shall send to the Commission:

Member States shall send to the Commission:

(a) a copy of the agreements and uniform laws implementing
these agreements referred to in paragraphs 2(a) and (c);

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

or uniform laws.

(a) a copy of the draft agreements;

and

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

Article 37

In no circumstances may the agreements or arrange-

2.
ments derogate from Chapters II or III.

Relations with certain multilateral conventions

In relations between Member States, this Regulation shall take
precedence over the following Conventions in so far as they
concern matters governed by this Regulation:

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

— the Luxembourg Convention of 8 September 1967 on the
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,

— the Hague Convention of 19 October 1996 on Jurisdiction,
Applicable law, Recognition, Enforcement and Cooper-
ation 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

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

and conventions

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 40

Treaties with the Holy See

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

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

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

(b) Agreement between the Holy See and Spain on legal affairs

of 3 January 1979.

Recognition of the decisions provided for in paragraph 2
4.
may, in Italy or in Spain, be subject to the same procedures
and the same checks as are applicable to decisions of the
ecclesiastical courts handed down in accordance with the
international treaties concluded with the Holy See referred to
in paragraph 3.

5. Member States shall send to the Commission:

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

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

Article 41

Article 39

Member States with two or more legal systems

Agreements between Member States

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

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;

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(b) any reference to nationality, or in the case of the United
Kingdom ‘domicile’, 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.

CHAPTER VI

FINAL PROVISIONS

Article 43

Review

No later than 1 March 2006, and every five years thereafter,
the Commission shall present to the European Parliament, the
Council and the Economic and Social Committee a report on
the application of this Regulation, and in particular Articles 36,
39 and 40(2) thereof. The report shall be accompanied if need
be by proposals for adaptations.

Article 44

CHAPTER V

Amendment to lists of courts and redress procedures

TRANSITIONAL PROVISIONS

Article 42

1.
The provisions of this Regulation shall apply only to
legal proceedings instituted, to documents formally drawn up
or registered as authentic instruments and to settlements
which have been 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.

1. Member States shall notify the Commission of the texts
amending the lists of courts and redress procedures set out in
Annexes I to III. The Commission shall adapt the Annexes
concerned accordingly.

2.
The updating or making of technical amendments to the
standard forms set out in Annexes IV and V shall be adopted
in accordance with the advisory procedure set out
in
Article 45(2).

Article 45

1.

The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 3
and 7 of Decision 1999/468 EC shall apply.

3.

The committee shall adopt its rules of procedure.

Article 46

Entry into force

This Regulation shall enter into force on 1 March 2001

This Regulation shall be binding in its entirety and directly applicable in the Member States
in accordance with the Treaty establishing the European Community.

Done at Brussels, 29 May 2000.

For the Council

The President

A. COSTA

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ANNEX I

The applications provided for by Article 22 shall be submitted to the following courts:

— in Belgium, the ‘tribunal de première instance’/‘rechtbank van eerste aanleg’/‘erstinstanzliches Gericht’,

— in Germany:

— in the district of the ‘Kammergericht’ (Berlin), the ‘Familiengericht Pankow/Weissensee’,

— in the districts of the remaining ‘Oberlandesgerichte’ to the ‘Familiengericht’ located at the seat of the

respective ‘Oberlandesgericht’

— in Greece, the ‘Μονοµελε΄ς Πρωτοδικει΄ο’,

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

— in France, the presiding Judge of the ‘tribunal de grande instance’,

— in Ireland, the High Court,

— in Italy, the ‘Corte d’apello’,

— in Luxembourg, the presiding Judge of the ‘Tribunal d’arrondissement’,

— in the Netherlands, the presiding Judge of the ‘arrondissementsrechtbank’,

— in Austria, the ‘Bezirksgericht’,

— in Portugal, the ‘Tribunal de Comarca’ or ‘Tribunal de Familia’,

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

— in Sweden, the ‘Svea hovrätt’,

— in the United Kingdom:

(a)

in England and Wales, the High Court of Justice;

(b)

in Scotland, the Court of Session;

(c)

in Northern Ireland, the High Court of Justice;

(d)

in Gibraltar, the Supreme Court.

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ANNEX II

The appeal provided for by Article 26 shall be lodged with the courts listed below:

— in Belgium:

(a) a person applying for a declaration of enforceability may lodge an appeal with the ‘cour d’appel’ or the ‘hof

van beroep’;

(b)

the person against whom enforcement is sought may lodge opposition with the ‘tribunal de première
instance’/‘rechtbank van eerste aanleg’/‘erstinstanzliches Gericht’,

— in Germany, the ‘Oberlandesgericht’,

— in Greece, the ‘Εφετει΄ο’,

— in Spain, the ‘Audiencia Provincial’,

— in France, the ‘Cour d’appel’,

— in Ireland, the High Court,

— in Italy, the ‘Corte d’appello’,

— Luxembourg, the ‘Cour d’appel’,

— in the Netherlands:

(a)

if the applicant or the respondent who has appeared lodges the appeal: with the ‘gerechtshof’;

(b)

if the respondent who has been granted leave not to appear lodges the appeal: with the ‘arrondissementsrecht-
bank’,

— in Austria, the ‘Bezirksgericht’,

— in Portugal, the ‘Tribunal da Relaça˜o’,

— in Finland, the ‘hovioikeus’/‘hovrätt’,

— in Sweden, the ‘Svea hovrätt’,

— in the United Kingdom:

(a)

in England and Wales, the High Court of Justice;

(b)

in Scotland, the Court of Session;

(c)

in Northern Ireland, the High Court of Justice;

(d)

in Gibraltar, the Court of Appeal.

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ANNEX III

The appeals provided for by Article 27 may be brought only:

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

— in Germany, by a ‘Rechtsbeschwerde’,

— 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’,

— 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.

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ANNEX IV

Certificate referred to in Article 33 concerning judgments in matrimonial matters

1. Country 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.

Full name —————————————————————————————————————

3.1.2. Country and place of birth ——————————————————————————————

3.1.3. Date of birth ————————————————————————————————————

3.2. Husband

3.2.1.

Full name —————————————————————————————————————

3.2.2. Country and place of birth ——————————————————————————————

3.2.3. Date of birth ————————————————————————————————————

3.3. Country, place (where available) and date of marriage

3.3.1. Country of marriage ————————————————————————————————

3.3.2.

Place of marriage (where available) ———————————————————————————

3.3.3. Date of marriage ——————————————————————————————————

4. Court which delivered the judgment

4.1. Name of Court —————————————————————————————————————

4.2. Place of Court —————————————————————————————————————

5.

Judgment

5.1. Date —————————————————————————————————————————

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5.2. Reference number ———————————————————————————————————

5.3. Type of judgment

5.3.1. Divorce

5.3.2. Marriage annulment

5.3.3.

Legal separation

5.4. Was the 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 ————————————————————————

7.

Is the judgment subject to further appeal under the law of the Member State of origin?

7.1. No

7.2. Yes

8. Date of legal effect in the Member State where the judgment was given

8.1. Divorce ————————————————————————————————————————

8.2. Legal separation ————————————————————————————————————

Done at ————————— , date —————————

Signature and/or stamp

(1) Documents referred to in Article 32(2) must be attached.

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ANNEX V

Certificate referred to in Article 33 concerning judgments on parental responsibility

1. Country 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.

Full name —————————————————————————————————————

3.2.2. Date and place of birth ———————————————————————————————

3.2. Father

3.2.1.

Full name —————————————————————————————————————

3.2.2. Date and place of birth ———————————————————————————————

4. Court which delivered the judgment

4.1. Name of Court —————————————————————————————————————

4.2. Place of Court —————————————————————————————————————

5.

Judgment

5.1. Date —————————————————————————————————————————

5.2. Reference number ———————————————————————————————————

5.3. Was the judgment given in default of appearance?

5.3.1. No

5.3.2. Yes (1)

(1) Documents referred to in Article 32(2) must be attached.

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6. Children who are covered by the judgment (1)

6.1. Full name and date of birth ————————————————————————————————

6.2. Full name and date of birth ————————————————————————————————

6.3. Full name and date of birth ————————————————————————————————

6.4. Full name and date of birth ————————————————————————————————

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

8. Attestation of enforceability and service

8.1.

Is the judgment enforceable according to the law of the Member State of origin?

8.1.1. Yes

8.1.2. No

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

8.2.1. Yes

8.2.1.1.

Full name of the party ——————————————————————————————

8.2.1.2. Date of service —————————————————————————————————

8.2.2. No

Done at ————————— , date —————————

Signature and/or stamp

(1) If more than four children are covered, use a second form.