Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
Date: 2000-12-22
Institutions: Council of the European Union
Subjects: civil law, civil procedure, commercial law, enforcement of ruling, judicial cooperation in civil matters in the EU, jurisdiction, right to justice

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 44/2001

of 22 December 2000

on jurisdiction and the recognition and enforcement of

judgments in civil and commercial

matters

THE COUNCIL OF THE EUROPEAN UNION,

(4)

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

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

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

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

(5)

Having regard to the opinion of
Committee (3),

the Economic and Social

Whereas:

(1)

(2)

itself

The Community has
the objective of
set
maintaining and developing an area of freedom, security
and justice, in which the free movement of persons is
ensured. In order to establish progressively such an area,
the Community should adopt, amongst other things, the
measures relating to judicial cooperation in civil matters
which are necessary for the sound operation of
the
internal market.

Certain differences between national rules governing
jurisdiction and recognition of judgments hamper the
sound operation of the internal market. Provisions to
unify the rules of conflict of jurisdiction in civil and
commercial matters and to simplify the formalities with
a view to rapid and simple recognition and enforcement
of
from Member States bound by this
Regulation are essential.

judgments

(3)

This area is within the field of judicial cooperation in
civil matters within the meaning of Article 65 of the
Treaty.

(1) OJ C 376, 28.12.1999, p. 1.
(2) Opinion delivered on 21 September 2000 (not yet published in the

Official Journal).

(3) OJ C 117, 26.4.2000, p. 6.

fourth indent, of

the New Member States

On 27 September 1968 the Member States, acting
under Article 293,
the Treaty,
concluded the Brussels Convention on Jurisdiction and
the Enforcement of Judgments in Civil and Commercial
Matters, as amended by Conventions on the Accession
of
to that Convention
(hereinafter referred to as the (cid:145)Brussels Convention(cid:146)) (4).
On 16 September 1988 Member States and EFTA States
concluded the Lugano Convention on Jurisdiction and
the Enforcement of Judgments in Civil and Commercial
Matters, which is a parallel Convention to the 1968
Brussels Convention. Work has been undertaken for the
revision of
those Conventions, and the Council has
approved the content of the revised texts. Continuity in
the results achieved in that revision should be ensured.

(6)

(7)

in civil and commercial matters,

In order to attain the objective of free movement of
judgments
is
necessary and appropriate that
the rules governing
jurisdiction and the recognition and enforcement of
legal
judgments
instrument which is binding and directly applicable.

a Community

governed

by

be

it

The scope of this Regulation must cover all the main
civil
from certain
well-defined matters.

and commercial matters

apart

(4) OJ L 299, 31.12.1972, p. 32.
OJ L 304, 30.10.1978, p. 1.
OJ L 388, 31.12.1982, p. 1.
OJ L 285, 3.10.1989, p. 1.
OJ C 15, 15.1.1997, p. 1.
For a consolidated text, see OJ C 27, 26.1.1998, p. 1.

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There must be a link between proceedings to which this
the Member
Regulation applies and the territory of
States bound by this Regulation. Accordingly common
in principle, apply when
rules on jurisdiction should,
the defendant
those Member
States.

is domiciled in one of

obviating problems flowing from national differences as
the time when a case is
to the determination of
regarded as pending. For the purposes of this Regulation
that time should be defined autonomously.

(9)

(10)

(11)

(12)

(13)

(14)

(15)

subject

to national

A defendant not domiciled in a Member State is in
jurisdiction
general
applicable in the territory of the Member State of the
court seised, and a defendant domiciled in a Member
State not bound by this Regulation must remain subject
to the Brussels Convention.

rules of

(17)

For the purposes of the free movement of judgments,
judgments given in a Member State bound by this
recognised and enforced in
Regulation should be
another Member State bound by this Regulation, even if
the judgment debtor is domiciled in a third State.

The rules of jurisdiction must be highly predictable and
founded on the principle that jurisdiction is generally
based on the defendant’s domicile and jurisdiction must
always be available on this ground save in a few
well-defined situations in which the subject-matter of
the litigation or the autonomy of the parties warrants a
different linking factor. The domicile of a legal person
must be defined autonomously so as to make the
common rules more transparent and avoid conflicts of
jurisdiction.

In addition to the defendant’s domicile, there should be
alternative grounds of jurisdiction based on a close link
between the court and the action or
to
facilitate the sound administration of justice.

in order

In relation to insurance,
and
employment, the weaker party should be protected by
jurisdiction more favourable to his interests
rules of
than the general rules provide for.

consumer

contracts

The autonomy of the parties to a contract, other than
an insurance, consumer or employment contract, where
only limited autonomy to determine the courts having
jurisdiction is allowed, must be respected subject to the
jurisdiction laid down in this
exclusive grounds of
Regulation.

(16) Mutual

trust

justice in the
in the administration of
Community justifies judgments given in a Member State
being recognised automatically without the need for any
procedure except in cases of dispute.

By virtue of the same principle of mutual trust, the
procedure for making enforceable in one Member State
a judgment given in another must be efficient and rapid.
To that end,
is
enforceable should be issued virtually automatically after
purely formal
supplied,
without there being any possibility for the court to raise
of
for
any
non-enforcement provided for by this Regulation.

the declaration that a judgment

the documents

own motion

checks of

grounds

the

its

of

procedure,

the defendant should be able to appeal

(18) However, respect for the rights of the defence means
in an
that
of
the
adversarial
if he considers one of the grounds for
enforceability,
non-enforcement
to be present. Redress procedures
should also be available to the claimant where his
application for a declaration of enforceability has been
rejected.

declaration

against

(19)

(20)

be

and

should

ensured,

Continuity between the Brussels Convention and this
transitional
Regulation
provisions should be laid down to that end. The same
need for continuity applies as regards the interpretation
of the Brussels Convention by the Court of Justice of
the European Communities and the 1971 Protocol (1)
should remain applicable also to cases already pending
when this Regulation enters into force.

in accordance with
The United Kingdom and Ireland,
Article 3 of the Protocol on the position of the United
Kingdom and Ireland annexed to the Treaty on
European Union and to the Treaty establishing the
European Community, have given notice of their wish
to take part in the adoption and application of this
Regulation.

(21) Denmark, in accordance with Articles 1 and 2 of the
Protocol on the position of Denmark annexed to the
to the Treaty
Treaty on European Union and

the harmonious administration of
In the interests of
justice it
is necessary to minimise the possibility of
concurrent proceedings and to ensure that irreconcilable
judgments will not be given in two Member States.
There must be a clear and effective mechanism for
resolving cases of lis pendens and related actions and for

(1) OJ L 204, 2.8.1975, p. 28.

OJ L 304, 30.10.1978, p. 1.
OJ L 388, 31.12.1982, p. 1.
OJ L 285, 3.10.1989, p. 1.
OJ C 15, 15.1.1997, p. 1.
For a consolidated text see OJ C 27, 26.1.1998, p. 28.

(22)

(23)

(24)

(25)

(26)

(27)

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the

establishing
not
participating in the adoption of this Regulation, and is
therefore not bound by it nor subject to its application.

Community,

European

is

in force in
Since the Brussels Convention remains
relations between Denmark and the Member States that
are bound by this Regulation, both the Convention and
the 1971 Protocol continue to apply between Denmark
and the Member States bound by this Regulation.

HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE

Article 1

The Brussels Convention also continues to apply to the
territories of the Member States which fall within the
that Convention and which are
territorial scope of
excluded from this Regulation pursuant to Article 299
of the Treaty.

1.
This Regulation shall apply in civil and commercial
matters whatever the nature of the court or tribunal. It shall
not extend, in particular, to revenue, customs or administrative
matters.

Likewise for the sake of consistency,
this Regulation
should not affect rules governing jurisdiction and the
recognition
specific
Community instruments.

judgments

contained

of

in

Respect for international commitments entered into by
the Member States means that this Regulation should
not affect conventions relating to specific matters to
which the Member States are parties.

The necessary flexibility should be provided for in the
basic rules of this Regulation in order to take account of
the specific procedural rules of certain Member States.
Certain provisions of
the Protocol annexed to the
Brussels Convention should accordingly be incorporated
in this Regulation.

In order to allow a harmonious transition in certain
areas which were the subject of special provisions in the
this
Protocol annexed to the Brussels Convention,
transitional period,
Regulation lays down,
provisions
specific
into
situation in certain Member States.

for
consideration the

taking

a

(28) No later than five years after entry into force of this
Regulation the Commission will present a report on its
application and,
for
adaptations.

submit proposals

if need be,

(29)

the

jurisdiction,

rules of national

The Commission will have to adjust Annexes I to IV on
courts or
the
competent authorities and redress procedures available
on the basis of
the amendments forwarded by the
Member State concerned; amendments made to Annexes
V and VI should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (1),

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

2.

The Regulation shall not apply to:

(a)

the status or legal capacity of natural persons, rights in
property arising out of a matrimonial relationship, wills
and succession;

(b) bankruptcy, proceedings relating to the winding-up of
judicial

insolvent
arrangements, compositions and analogous proceedings;

companies or other

legal persons,

(c) social security;

(d) arbitration.

In this Regulation, the term (cid:145)Member State(cid:146) shall mean

3.
Member States with the exception of Denmark.

CHAPTER II

JURISDICTION

S e c t i o n 1

General provisions

Article 2

Subject

1.
to this Regulation, persons domiciled in a
Member State shall, whatever their nationality, be sued in the
courts of that Member State.

2.
Persons who are not nationals of the Member State in
which they are domiciled shall be governed by the rules of
jurisdiction applicable to nationals of that State.

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Article 3

2.

1.
Persons domiciled in a Member State may be sued in the
courts of another Member State only by virtue of the rules set
out in Sections 2 to 7 of this Chapter.

In particular the rules of national jurisdiction set out in

2.
Annex I shall not be applicable as against them.

Article 4

1.
If the defendant is not domiciled in a Member State, the
jurisdiction of the courts of each Member State shall, subject to
Articles 22 and 23, be determined by the law of that Member
State.

2.
As against such a defendant, any person domiciled in a
Member State may, whatever his nationality, avail himself in
that State of the rules of jurisdiction there in force, and in
particular those specified in Annex I, in the same way as the
nationals of that State.

S e c t i o n 2

Special jurisdiction

Article 5

in matters relating to maintenance, in the courts for the
place where the maintenance creditor is domiciled or
habitually resident or,
is ancillary to
proceedings concerning the status of a person, in the court
jurisdiction to
which, according to its own law, has
jurisdiction is
that
entertain those proceedings, unless
based solely on the nationality of one of the parties;

the matter

if

3.

in matters relating to tort, delict or quasi-delict, in the courts
for the place where the harmful event occurred or may
occur;

4. as regards a civil claim for damages or restitution which is
based on an act giving rise to criminal proceedings, in the
court seised of those proceedings, to the extent that that
court has jurisdiction under its own law to entertain civil
proceedings;

5. as regards a dispute arising out of the operations of a
in the courts for
agency or other

branch, agency or other establishment,
the place
establishment is situated;

in which the branch,

6. as settlor, trustee or beneficiary of a trust created by the
operation of a statute, or by a written instrument, or
created orally and evidenced in writing, in the courts of
the Member State in which the trust is domiciled;

7. as

a

dispute

regards

the payment of
remuneration claimed in respect of the salvage of a cargo
or freight, in the court under the authority of which the
cargo or freight in question:

concerning

A person domiciled in a Member State may,
Member State, be sued:

in another

(a) has been arrested to secure such payment, or

1.

(a)

in matters relating to a contract, in the courts for the
place of performance of the obligation in question;

(b) could have been so arrested, but bail or other security

has been given;

(b) for the purpose of this provision and unless otherwise
agreed, the place of performance of the obligation in
question shall be:

provided that this provision shall apply only if it is claimed
that the defendant has an interest in the cargo or freight or
had such an interest at the time of salvage.

(cid:151) in the case of the sale of goods, the place in a
Member State where, under the contract, the goods
were delivered or should have been delivered,

(cid:151) in the case of the provision of services, the place in
a Member State where, under the contract,
the
should have been
services were provided or
provided,

(c)

if subparagraph (b) does not apply then subparagraph
(a) applies;

Article 6

A person domiciled in a Member State may also be sued:

1. where he is one of a number of defendants, in the courts
them is domiciled,

the place where any one of

for

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provided the claims are so closely connected that it is
expedient to hear and determine them together to avoid
the risk of irreconcilable judgments resulting from separate
proceedings;

2. as a third party in an action on a warranty or guarantee or
in any other third party proceedings, in the court seised of
the original proceedings, unless these were instituted solely
with the object of removing him from the jurisdiction of
the court which would be competent in his case;

3. on a counter-claim arising from the same contract or facts
in the court in

on which the original claim was based,
which the original claim is pending;

4.

in matters relating to a contract,
if the action may be
combined with an action against the same defendant in
matters relating to rights in rem in immovable property, in
the court of the Member State in which the property is
situated.

(c)

if he is a co-insurer, in the courts of a Member State in
which proceedings are brought against the leading insurer.

2.
An insurer who is not domiciled in a Member State but
has a branch, agency or other establishment in one of the
Member States shall, in disputes arising out of the operations
of
the branch, agency or establishment, be deemed to be
domiciled in that Member State.

Article 10

In respect of liability insurance or insurance of
immovable
property, the insurer may in addition be sued in the courts for
the place where the harmful event occurred. The same applies
if movable and immovable property are covered by the same
insurance policy and both are adversely affected by the same
contingency.

Article 7

Article 11

Where by virtue of this Regulation a court of a Member State
has jurisdiction in actions relating to liability from the use or
operation of a ship, that court, or any other court substituted
for this purpose by the internal law of that Member State, shall
such
also have jurisdiction over claims
liability.

limitation of

for

1.
In respect of liability insurance, the insurer may also, if
the law of the court permits it, be joined in proceedings which
the injured party has brought against the insured.

2.
Articles 8, 9 and 10 shall apply to actions brought by
the injured party directly against the insurer, where such direct
actions are permitted.

S e c t i o n 3

If the law governing such direct actions provides that the
3.
policyholder or the insured may be joined as a party to the
action, the same court shall have jurisdiction over them.

Jurisdiction in matters relating to insurance

Article 8

Article 12

relating

In matters
jurisdiction shall be
to insurance,
determined by this Section, without prejudice to Article 4 and
point 5 of Article 5.

1. Without prejudice to Article 11(3), an insurer may bring
proceedings only in the courts of the Member State in which
the defendant is domiciled, irrespective of whether he is the
policyholder, the insured or a beneficiary.

Article 9

The provisions of this Section shall not affect the right to
in accordance

2.
bring a counter-claim in the court in which,
with this Section, the original claim is pending.

1.

An insurer domiciled in a Member State may be sued:

(a)

in the courts of the Member State where he is domiciled,
or

Article 13

The provisions of this Section may be departed from only by
an agreement:

(b)

in another Member State, in the case of actions brought by
the policyholder, the insured or a beneficiary, in the courts
for the place where the plaintiff is domiciled,

1. which is entered into after the dispute has arisen, or

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2. which allows the policyholder, the insured or a beneficiary
to bring proceedings in courts other than those indicated
in this Section, or

4. any risk or interest connected with any of those referred to

in points 1 to 3;

the time of conclusion of

3. which is concluded between a policyholder and an insurer,
the
both of whom are at
contract domiciled or habitually resident
in the same
Member State, and which has the effect of conferring
jurisdiction on the courts of that State even if the harmful
event were to occur abroad, provided that
such an
agreement is not contrary to the law of that State, or

4. which is concluded with a policyholder who is not
domiciled in a Member State, except
in so far as the
insurance is compulsory or relates to immovable property
in a Member State, or

5. which relates to a contract of insurance in so far as it
covers one or more of the risks set out in Article 14.

5. notwithstanding points 1 to 4, all (cid:145)large risks(cid:146) as defined in
Council Directive 73/239/EEC (1), as amended by Council
Directives 88/357/EEC (2) and 90/618/EEC (3), as they may
be amended.

S e c t i o n 4

Jurisdiction over consumer contracts

Article 15

Article 14

In matters relating to a contract concluded by a person,
1.
the consumer, for a purpose which can be regarded as being
outside his trade or profession, jurisdiction shall be determined
by this Section, without prejudice to Article 4 and point 5 of
Article 5, if:

The following are the risks referred to in Article 13(5):

(a)

it is a contract for the sale of goods on instalment credit
terms; or

1. any loss of or damage to:

(a) seagoing ships, installations situated offshore or on the
high seas, or aircraft, arising from perils which relate
to their use for commercial purposes;

(b) goods in transit other than passengers’ baggage where
the transit consists of or includes carriage by such
ships or aircraft;

2. any liability, other than for bodily injury to passengers or

loss of or damage to their baggage:

(a) arising out of

the use or operation of

ships,
installations or aircraft as referred to in point 1(a) in so
far as, in respect of the latter, the law of the Member
State in which such aircraft are registered does not
prohibit agreements on jurisdiction regarding insurance
of such risks;

(b) for loss or damage caused by goods in transit as

described in point 1(b);

3. any financial loss connected with the use or operation of
ships, installations or aircraft as referred to in point 1(a), in
particular loss of freight or charter-hire;

(b)

it is a contract for a loan repayable by instalments, or for
any other form of credit, made to finance the sale of
goods; or

(c)

in all other cases, the contract has been concluded with a
person who pursues commercial or professional activities
in the Member State of the consumer’s domicile or, by any
means, directs such activities to that Member State or to
several States
including that Member State, and the
contract falls within the scope of such activities.

2. Where a consumer enters into a contract with a party
who is not domiciled in the Member State but has a branch,
agency or other establishment in one of the Member States,
that party shall, in disputes arising out of the operations of the
branch, agency or establishment, be deemed to be domiciled in
that State.

3.
This Section shall not apply to a contract of transport
other than a contract which, for an inclusive price, provides
for a combination of travel and accommodation.

(1) OJ L 228, 16.8.1973, p. 3. Directive as last amended by Directive
2000/26/EC of the European Parliament and of the Council (OJ L
181, 20.7.2000, p. 65).

(2) OJ L 172, 4.7.1988, p. 1. Directive as last amended by Directive

2000/26/EC.

(3) OJ L 330, 29.11.1990, p. 44.

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Article 16

Article 19

1.
A consumer may bring proceedings against the other
party to a contract either in the courts of the Member State in
which that party is domiciled or in the courts for the place
where the consumer is domiciled.

An employer domiciled in a Member State may be sued:

1.

in the courts of the Member State where he is domiciled;
or

2.
Proceedings may be brought against a consumer by the
other party to the contract only in the courts of the Member
State in which the consumer is domiciled.

This Article shall not affect

to bring a
3.
counter-claim in the court in which, in accordance with this
Section, the original claim is pending.

the right

2.

in another Member State:

(a)

in the courts
the place where the employee
habitually carries out his work or in the courts for the
last place where he did so, or

for

(b)

if the employee does not or did not habitually carry
out his work in any one country, in the courts for the
place where the business which engaged the employee
is or was situated.

Article 17

The provisions of this Section may be departed from only by
an agreement:

Article 20

1. which is entered into after the dispute has arisen; or

An employer may bring proceedings only in the courts

1.
of the Member State in which the employee is domiciled.

2. which allows the consumer to bring proceedings in courts

other than those indicated in this Section; or

The provisions of this Section shall not affect the right to
in accordance

2.
bring a counter-claim in the court in which,
with this Section, the original claim is pending.

3. which is entered into by the consumer and the other party
to the contract, both of whom are at
the time of
conclusion of the contract domiciled or habitually resident
in the same Member State, and which confers jurisdiction
on the courts of that Member State, provided that such an
agreement is not contrary to the law of that Member State.

Article 21

The provisions of this Section may be departed from only by
an agreement on jurisdiction:

1. which is entered into after the dispute has arisen; or

S e c t i o n 5

2. which allows the employee to bring proceedings in courts

other than those indicated in this Section.

Jurisdiction over individual contracts of employment

Article 18

In matters

1.
of
to
employment, jurisdiction shall be determined by this Section,
without prejudice to Article 4 and point 5 of Article 5.

individual

contracts

relating

S e c t i o n 6

Exclusive jurisdiction

Article 22

2. Where an employee enters into an individual contract of
employment with an employer who is not domiciled in a
Member State but has a branch, agency or other establishment
in one of the Member States, the employer shall, in disputes
arising out of
the branch, agency or
establishment, be deemed to be domiciled in that Member
State.

the operations of

The
following
regardless of domicile:

courts

shall have

exclusive

jurisdiction,

1.

in proceedings which have as their object rights in rem in
immovable property or tenancies of immovable property,
the courts of the Member State in which the property is
situated.

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in proceedings which have as

However,
their object
tenancies of immovable property concluded for temporary
private use for a maximum period of six consecutive
the Member State in which the
months,
defendant
jurisdiction,
provided that the tenant is a natural person and that the
landlord and the tenant are domiciled in the same Member
State;

is domiciled shall

the courts of

also have

2.

3.

4.

constitution,

the nullity or

in proceedings which have as their object the validity of
the
the dissolution of
companies or other legal persons or associations of natural
or legal persons, or of the validity of the decisions of their
the Member State in which the
organs,
company, legal person or association has its seat. In order
to determine that seat, the court shall apply its rules of
private international law;

the courts of

in proceedings which have as their object the validity of
entries in public registers, the courts of the Member State
in which the register is kept;

in proceedings concerned with the registration or validity
of patents, trade marks, designs, or other similar rights
required to be deposited or registered, the courts of the
Member State in which the deposit or registration has been
applied for, has taken place or is under the terms of a
Community instrument or an international convention
deemed to have taken place.

the European
Without prejudice to the jurisdiction of
Patent Office under
the Convention on the Grant of
European Patents, signed at Munich on 5 October 1973,
the courts of each Member State shall have exclusive
jurisdiction,
proceedings
concerned with the registration or validity of any European
patent granted for that State;

regardless

domicile,

of

in

5.

in proceedings
enforcement of
concerned with the
judgments, the courts of the Member State in which the
judgment has been or is to be enforced.

S e c t i o n 7

Prorogation of jurisdiction

Article 23

1.
If the parties, one or more of whom is domiciled in a
Member State, have agreed that a court or the courts of a
Member State are to have jurisdiction to settle any disputes
which have arisen or which may arise in connection with a
particular legal relationship, that court or those courts shall

have jurisdiction. Such jurisdiction shall be exclusive unless the
parties have agreed otherwise. Such an agreement conferring
jurisdiction shall be either:

(a)

in writing or evidenced in writing; or

(b)

in a form which accords with practices which the parties
have established between themselves; or

(c)

trade or commerce,

in international
in a form which
accords with a usage of which the parties are or ought to
have been aware and which in such trade or commerce is
widely known to, and regularly observed by, parties to
contracts of the type involved in the particular trade or
commerce concerned.

Any communication by electronic means which provides
to

the agreement shall be equivalent

2.
a durable record of
(cid:145)writing(cid:146).

3. Where such an agreement is concluded by parties, none
of whom is domiciled in a Member State, the courts of other
Member States shall have no jurisdiction over their disputes
unless the court or courts chosen have declined jurisdiction.

4.
The court or courts of a Member State on which a trust
instrument has conferred jurisdiction shall have exclusive
jurisdiction in any proceedings brought against a settlor,
trustee or beneficiary,
if relations between these persons or
their rights or obligations under the trust are involved.

Agreements

or provisions

instrument
trust
5.
conferring jurisdiction shall have no legal
force if they are
contrary to Articles 13, 17 or 21, or if the courts whose
jurisdiction they purport to exclude have exclusive jurisdiction
by virtue of Article 22.

of

a

Article 24

Apart from jurisdiction derived from other provisions of this
Regulation, a court of a Member State before which a
defendant enters an appearance shall have jurisdiction. This
rule shall not apply where appearance was entered to contest
the
exclusive
jurisdiction, or where
jurisdiction by virtue of Article 22.

court has

another

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S e c t i o n 8

Examination as to jurisdiction and admissibility

different Member States, any court other than the court first
seised shall of its own motion stay its proceedings until such
time as the jurisdiction of the court first seised is established.

Article 25

Where a court of a Member State is seised of a claim which is
principally concerned with a matter over which the courts of
another Member State have exclusive jurisdiction by virtue of
Article 22, it shall declare of its own motion that it has no
jurisdiction.

seised is
2. Where the jurisdiction of
established, any court other than the court first seised shall
decline jurisdiction in favour of that court.

the court

first

Article 28

Article 26

1. Where related actions are pending in the courts of
different Member States, any court other than the court first
seised may stay its proceedings.

1. Where a defendant domiciled in one Member State is
sued in a court of another Member State and does not enter an
appearance, the court shall declare of its own motion that it
has no jurisdiction unless its jurisdiction is derived from the
provisions of this Regulation.

2.
The court shall stay the proceedings so long as it is not
shown that
the defendant has been able to receive the
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

3.
Article 19 of Council Regulation (EC) No 1348/2000 of
29 May 2000 on the service in the Member States of judicial
and extrajudicial documents in civil or commercial matters (1)
shall apply instead of the provisions of paragraph 2 if the
an equivalent
document
document had to be transmitted from one Member State to
another pursuant to this Regulation.

the proceedings or

instituting

4. Where the provisions of Regulation (EC) No 1348/2000
are not applicable, Article 15 of the Hague Convention of 15
November 1965 on the Service Abroad of
Judicial and
Extrajudicial Documents in Civil or Commercial Matters shall
apply if
instituting the proceedings or an
equivalent document had to be transmitted pursuant to that
Convention.

the document

S e c t i o n 9

Lis pendens (cid:151) related actions

Article 27

2. Where these actions are pending at first instance, any
court other than the court
first seised may also, on the
application of one of the parties, decline jurisdiction if the
court first seised has jurisdiction over the actions in question
and its law permits the consolidation thereof.

For the purposes of this Article, actions are deemed to be
3.
related where they are so closely connected that it is expedient
to hear and determine them together to avoid the risk of
irreconcilable judgments resulting from separate proceedings.

Article 29

Where actions come within the exclusive jurisdiction of several
courts, any court other than the court first seised shall decline
jurisdiction in favour of that court.

Article 30

For the purposes of this Section, a court shall be deemed to be
seised:

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

1. Where proceedings involving the same cause of action
and between the same parties are brought in the courts of

(1) OJ L 160, 30.6.2000, p. 37.

2.

if the document has to be served before being lodged with
the court, at the time when it is received by the authority
responsible for service, provided that the plaintiff has not
subsequently failed to take the steps he was required to
take to have the document lodged with the court.

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S e c t i o n 1 0

Provisional, including protective, measures

Article 31

2. where it was given in default of appearance,

the
served with the document which
defendant was not
instituted the proceedings or with an equivalent document
in sufficient time and in such a way as to enable him to
arrange for his defence, unless the defendant
failed to
commence proceedings to challenge the judgment when it
was possible for him to do so;

if

Application may be made to the courts of a Member State for
including protective, measures as may be
such provisional,
that State, even if, under this
available under the law of
Regulation,
another Member State have
courts of
the
jurisdiction as to the substance of the matter.

3.

4.

CHAPTER III

RECOGNITION AND ENFORCEMENT

Article 32

For the purposes of
(cid:145)judgment(cid:146) means any
this Regulation,
judgment given by a court or tribunal of a Member State,
including a decree,
whatever the judgment may be called,
the
order, decision or writ of
determination of costs or expenses by an officer of the court.

execution,

as well

as

S e c t i o n 1

Recognition

Article 33

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

the principal

Any interested party who raises the recognition of a
2.
judgment as
in
issue
accordance with the procedures provided for in Sections 2 and
3 of this Chapter, apply for a decision that the judgment be
recognised.

in a dispute may,

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

if it is irreconcilable with an earlier judgment given in
another Member State or in a third State involving the
same cause of action and between the same parties,
provided that the earlier judgment fulfils the conditions
necessary
recognition in the Member State
addressed.

for

its

Article 35

1. Moreover, a judgment shall not be recognised if
it
conflicts with Sections 3, 4 or 6 of Chapter II, or in a case
provided for in Article 72.

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

Subject to the paragraph 1, the jurisdiction of the court
3.
of the Member State of origin may not be reviewed. The test
of public policy referred to in point 1 of Article 34 may not
be applied to the rules relating to jurisdiction.

Article 36

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

3.
If the outcome of proceedings in a court of a Member
State depends on the determination of an incidental question
of recognition that court shall have jurisdiction over that
question.

Article 34

A judgment shall not be recognised:

1.

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

Article 37

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

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S e c t i o n 2

Enforcement

Article 38

1.
A judgment given in a Member State and enforceable in
that State shall be enforced in another Member State when, on
the application 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 39

The application shall be submitted to the court or

1.
competent authority indicated in the list in Annex II.

2.
The local jurisdiction shall be determined by reference to
the place of domicile of the party against whom enforcement
is sought, or to the place of enforcement.

Article 43

The decision on the application for a declaration of

1.
enforceability may be appealed against by either party.

The appeal is to be lodged with the court indicated in

2.
the list in Annex III.

The appeal shall be dealt with in accordance with the

3.
rules governing procedure in contradictory matters.

4.
If the party against whom enforcement is sought fails to
appear before the appellate court in proceedings concerning an
appeal brought by the applicant, Article 26(2) to (4) shall
apply even where the party against whom enforcement
is
sought is not domiciled in any of the Member States.

5.
An appeal against the declaration of enforceability is to
be lodged within one month of service thereof. If the party
against whom enforcement is sought is domiciled in a 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 in person or
at his residence. No extension of time may be granted on
account of distance.

Article 40

Article 44

The procedure for making the application shall be
in which

the Member State

law of

1.
governed by the
enforcement is sought.

jurisdiction of

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

the Member State

law of

the

if

The documents referred to in Article 53 shall be attached

3.
to the application.

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

Article 45

1.
The court with which an appeal is lodged under Article
43 or Article 44 shall refuse or revoke a declaration of
enforceability only on one of the grounds specified in Articles
34 and 35. It shall give its decision without delay.

Article 41

Under no circumstances may the foreign judgment be

2.
reviewed as to its substance.

The judgment shall be declared enforceable immediately on
completion of the formalities in Article 53 without any review
against whom
under Articles 34 and 35. The party
enforcement is sought shall not at this stage of the proceedings
be entitled to make any submissions on the application.

Article 42

1.
The decision on the application for a declaration of
enforceability shall forthwith be brought to the notice of the
applicant in accordance with the procedure laid down by the
law of the Member State in which enforcement is sought.

2.
The declaration of enforceability shall be served on the
party against whom enforcement is sought, accompanied by
the judgment, if not already served on that party.

Article 46

1.
The court with which an appeal is lodged under Article
43 or Article 44 may, on the application of the party against
is sought, stay the proceedings if an
whom enforcement
ordinary appeal has been lodged against the judgment in the
Member State of origin or if the time for such an appeal has
not yet expired; in the latter case, the court may specify the
time within which such an appeal is to be lodged.

2. Where the judgment was given in Ireland or the United
Kingdom, any form of appeal available in the Member State of
origin shall be treated as an ordinary appeal for the purposes
of paragraph 1.

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The court may also make enforcement conditional on the

3.
provision of such security as it shall determine.

Article 52

Article 47

1. When a judgment must be recognised in accordance with
this Regulation, nothing shall prevent
from
availing himself of provisional, including protective, measures
in accordance with the law of the Member State requested
without a declaration of enforceability under Article 41 being
required.

the applicant

The declaration of enforceability shall carry with it the

2.
power to proceed to any protective measures.

3.
to
During the time specified for an appeal pursuant
Article 43(5) against the declaration of enforceability and until
any such appeal has been determined, no measures of
enforcement may be taken other than protective measures
against the property of the party against whom enforcement is
sought.

Article 48

1. Where a foreign judgment has been given in respect of
several matters and the declaration of enforceability cannot be
given for all of them, the court or competent authority shall
give it for one or more of them.

An applicant may request a declaration of enforceability

2.
limited to parts of a judgment.

Article 49

A foreign judgment which orders a periodic payment by way
of a penalty shall be enforceable in the Member State in which
enforcement is sought only if the amount of the payment has
been finally determined by the courts of the Member State of
origin.

Article 50

An applicant who, in the Member State of origin has benefited
from complete or partial legal aid or exemption from costs or
expenses, shall be entitled, in the procedure provided for in
this Section, to benefit from the most favourable legal aid or
the most extensive exemption from costs or expenses provided
for by the law of the Member State addressed.

Article 51

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

In proceedings for the issue of a declaration of enforceability,
no charge, duty or fee calculated by reference to the value of
the matter at issue may be levied in the Member State in
which enforcement is sought.

S e c t i o n 3

Common provisions

Article 53

1.
A party seeking recognition or applying for a declaration
of enforceability shall produce a copy of the judgment which
satisfies the conditions necessary to establish its authenticity.

2.
A party applying for a declaration of enforceability shall
also produce the certificate referred to in Article 54, without
prejudice to Article 55.

Article 54

The court or competent authority of a Member State where a
judgment was given shall issue, at the request of any interested
party, a certificate using the standard form in Annex V to this
Regulation.

Article 55

1.
If the certificate referred to in Article 54 is not produced,
the court or competent authority may specify a time for its
production or accept an equivalent document or, if it considers
that it has sufficient information before it, dispense with its
production.

If

2.
the court or competent authority so requires, a
translation of the documents shall be produced. The translation
shall be certified by a person qualified to do so in one of the
Member States.

Article 56

No legalisation or other similar formality shall be required in
respect of the documents referred to in Article 53 or Article
55(2), or in respect of a document appointing a representative
ad litem.

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CHAPTER IV

Article 60

AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

Article 57

1.
For the purposes of this Regulation, a company or other
legal person or association of natural or legal persons is
domiciled at the place where it has its:

1.
A document which has been formally drawn up or
registered as an authentic instrument and is enforceable in one
Member State shall,
in another Member State, be declared
enforceable there, on application made in accordance with the
procedures provided for in Articles 38, et seq. The court with
which an appeal is lodged under Article 43 or Article 44 shall
revoke a declaration of enforceability only if
refuse or
enforcement of the instrument is manifestly contrary to public
policy in the Member State addressed.

(a) statutory seat, or

(b) central administration, or

(c) principal place of business.

relating

Arrangements

obligations
2.
concluded with administrative authorities or authenticated by
them shall also be regarded as authentic instruments within
the meaning of paragraph 1.

to maintenance

2.
For the purposes of the United Kingdom and Ireland
(cid:145)statutory seat(cid:146) means the registered office or, where there is no
such office anywhere, the place of incorporation or, where
there is no such place anywhere, the place under the law of
which the formation took place.

3.
The instrument produced must satisfy the conditions
necessary to establish its authenticity in the Member State of
origin.

3.
In order to determine whether a trust is domiciled in the
Member State whose courts are seised of the matter, the court
shall apply its rules of private international law.

4.
Section 3 of Chapter III shall apply as appropriate. The
competent authority of a Member State where an authentic
instrument was drawn up or registered shall
the
request of any interested party, a certificate using the standard
form in Annex VI to this Regulation.

issue, at

Article 58

A settlement which has been approved by a court
in the
course of proceedings and is enforceable in the Member State
in which it was concluded shall be enforceable in the State
addressed under the same conditions as authentic instruments.
The court or competent authority of a Member State where a
court settlement was approved shall issue, at the request of any
interested party, a certificate using the standard form in Annex
V to this Regulation.

Article 61

Without prejudice to any more favourable provisions of
national laws, persons domiciled in a Member State who are
being prosecuted in the criminal courts of another Member
State of which they are not nationals for an offence which was
intentionally committed may be defended by persons
not
qualified to do so, even if
they do not appear in person.
However, the court seised of the matter may order appearance
in person; in the case of failure to appear, a judgment given in
the civil action without the person concerned having had the
opportunity to arrange for his defence need not be recognised
or enforced in the other Member States.

Article 62

CHAPTER V

GENERAL PROVISIONS

Article 59

In Sweden, in summary proceedings concerning orders to pay
(betalningsf(cid:246)rel(cid:228)ggande)
the
expression (cid:145)court(cid:146)
includes the (cid:145)Swedish enforcement service(cid:146)
(kronofogdemyndighet).

(handr(cid:228)ckning),

assistance

and

1.
In order to determine whether a party is domiciled in the
Member State whose courts are seised of a matter, the court
shall apply its internal law.

Article 63

If a party is not domiciled in the Member State whose
2.
courts are seised of the matter, then,
in order to determine
whether the party is domiciled in another Member State, the
court shall apply the law of that Member State.

1.
A person domiciled in the territory of the Grand Duchy
of Luxembourg and sued in the court of another Member State
pursuant
to the
to Article 5(1) may refuse to submit
jurisdiction of that court if the final place of delivery of the
goods or provision of the services is in Luxembourg.

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2. Where, under paragraph 1, the final place of delivery of
the goods or provision of the services is in Luxembourg, any
agreement conferring jurisdiction must, in order to be valid, be
accepted in writing or evidenced in writing within the
meaning of Article 23(1)(a).

The provisions of this Article shall not apply to contracts

3.
for the provision of financial services.

The provisions of this Article shall apply for a period of

4.
six years from entry into force of this Regulation.

Article 64

1.
In proceedings involving a dispute between the master
and a member of the crew of a seagoing ship registered in
Greece or
in Portugal, concerning remuneration or other
conditions of service, a court in a Member State shall establish
whether the diplomatic or consular officer responsible for the
ship has been notified of the dispute. It may act as soon as
that officer has been notified.

The provisions of this Article shall apply for a period of

2.
six years from entry into force of this Regulation.

Article 65

1.
The jurisdiction specified in Article 6(2), and Article 11
in actions on a warranty of guarantee or in any other third
party proceedings may not be resorted to in Germany and
Austria. Any person domiciled in another Member State may
be sued in the courts:

(a) of Germany, pursuant to Articles 68 and 72 to 74 of the
Code of Civil Procedure (Zivilprozessordnung) concerning
third-party notices,

(b) of Austria, pursuant to Article 21 of the Code of Civil
third-party

(Zivilprozessordnung)

concerning

Procedure
notices.

Judgments given in other Member States by virtue of
2.
Article 6(2), or Article 11 shall be recognised and enforced in
Germany and Austria in accordance with Chapter III. Any
effects which judgments given in these States may have on
third parties by application of the provisions in paragraph 1
shall also be recognised in the other Member States.

CHAPTER VI

TRANSITIONAL PROVISIONS

Article 66

1.
This Regulation shall apply only to legal proceedings
instituted and to documents formally drawn up or registered as
authentic instruments after the entry into force thereof.

if

However,

2.
the proceedings in the Member State of
this
origin were instituted before the entry into force of
Regulation, judgments given after that date shall be recognised
and enforced in accordance with Chapter III,

(a)

(b)

if the proceedings in the Member State of origin were
instituted after the entry into force of the Brussels or the
Lugano Convention both in the Member State or origin
and in the Member State addressed;

in all other cases, if jurisdiction was founded upon rules
which accorded with those provided for either in Chapter
II 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 VII

RELATIONS WITH OTHER INSTRUMENTS

Article 67

This Regulation shall not prejudice
application of
provisions governing jurisdiction and the recognition and
enforcement of
in specific matters which are
contained in Community instruments or in national legislation
harmonised pursuant to such instruments.

judgments

the

Article 68

This Regulation shall, as between the Member States,
1.
supersede the Brussels Convention, except as
the
territories of the Member States which fall within the territorial
scope of that Convention and which are excluded from this
Regulation pursuant to Article 299 of the Treaty.

regards

In so far as this Regulation replaces the provisions of the
2.
Brussels Convention between Member States, any reference to
the Convention shall be understood as a reference to this
Regulation.

Article 69

between Member

Subject to Article 66(2) and Article 70, this Regulation shall,
as
following
conventions and treaty concluded between two or more of
them:

supersede

States,

the

on
(cid:151) the Convention
Jurisdiction
of
and
Judgments, Arbitration Awards and Authentic Instruments,
signed at Paris on 8 July 1899,

between Belgium and
the Validity

France
Enforcement

and

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(cid:151) the Convention between Belgium and the Netherlands on
Jurisdiction, Bankruptcy, and the Validity and Enforcement
of
and Authentic
Instruments, signed at Brussels on 28 March 1925,

Judgments, Arbitration Awards

(cid:151) the Convention between the Netherlands and Austria on
the Reciprocal Recognition and Enforcement of Judgments
and Authentic
in Civil and Commercial
Matters, signed at The Hague on 6 February 1963,

Instruments

(cid:151) the Convention between France

Enforcement of
Matters, signed at Rome on 3 June 1930,

Judgments

and Italy on the
in Civil and Commercial

(cid:151) the Convention between France and Austria on the
Recognition and Enforcement of Judgments and Authentic
Instruments in Civil and Commercial Matters, signed at
Vienna on 15 July 1966,

(cid:151) the Convention between Germany and Italy on the
Recognition and Enforcement of Judgments in Civil and
Commercial Matters, signed at Rome on 9 March 1936,

(cid:151) the Convention between Spain and France on the
Recognition and Enforcement of
Judgment Arbitration
Awards in Civil and Commercial Matters, signed at Paris
on 28 May 1969,

(cid:151) the Convention between Belgium and Austria on the
Reciprocal Recognition and Enforcement of Judgments and
Authentic Instruments relating to Maintenance Obligations,
signed at Vienna on 25 October 1957,

(cid:151) the Convention between Germany and Belgium on the
Mutual Recognition and Enforcement of
Judgments,
Arbitration Awards and Authentic Instruments in Civil and
Commercial Matters, signed at Bonn on 30 June 1958,

(cid:151) the Convention between the Netherlands and Italy on the
Recognition and Enforcement of Judgments in Civil and
Commercial Matters, signed at Rome on 17 April 1959,

(cid:151) the Convention between Germany and Austria on the
Judgments,
and

Reciprocal Recognition and Enforcement of
Settlements
Commercial Matters, signed at Vienna on 6 June 1959,

and Authentic

Instruments

in Civil

(cid:151) the Convention between Belgium and Austria on the
Reciprocal Recognition and Enforcement of
Judgments,
Arbitral Awards and Authentic Instruments in Civil and
Commercial Matters, signed at Vienna on 16 June 1959,

(cid:151) the Convention between Greece and Germany for the
Judgments,
Reciprocal Recognition and Enforcement of
Settlements
and
Commercial Matters, signed in Athens on 4 November
1961,

and Authentic

Instruments

in Civil

(cid:151) the Convention between Belgium and Italy on the
Recognition and Enforcement of
Judgments and other
Enforceable Instruments in Civil and Commercial Matters,
signed at Rome on 6 April 1962,

(cid:151) the Convention between the Netherlands and Germany on
the Mutual Recognition and Enforcement of Judgments and
Other Enforceable Instruments in Civil and Commercial
Matters, signed at The Hague on 30 August 1962,

(cid:151) the Convention between Luxembourg and Austria on the
Recognition and Enforcement of Judgments and Authentic
Instruments in Civil and Commercial Matters, signed at
Luxembourg on 29 July 1971,

(cid:151) the Convention between Italy

and Austria on the
Recognition and Enforcement of Judgments in Civil and
Commercial Matters, of
and of
Authentic Instruments, signed at Rome on 16 November
1971,

Judicial Settlements

(cid:151) the Convention between Spain and Italy regarding Legal
Aid and the Recognition and Enforcement of Judgments in
Civil and Commercial Matters, signed at Madrid on 22 May
1973,

(cid:151) the Convention between Finland, Iceland, Norway, Sweden
and Denmark on the Recognition and Enforcement of
Judgments in Civil Matters, signed at Copenhagen on 11
October 1977,

(cid:151) the Convention between Austria and Sweden on the
in Civil

Recognition and Enforcement of
Matters, signed at Stockholm on 16 September 1982,

Judgments

(cid:151) the Convention between Spain and the Federal Republic of
Enforcement of
Germany on the Recognition and
Enforceable Authentic
and
Settlements
Judgments,
Instruments in Civil and Commercial Matters, signed at
Bonn on 14 November 1983,

and Spain on the
(cid:151) the Convention between Austria
Judgments, Settlements
Recognition and Enforcement of
and Enforceable Authentic
and
Commercial Matters, signed at Vienna on 17 February
1984,

Instruments

in Civil

(cid:151) the Convention between Finland and Austria on the
in Civil

Recognition and Enforcement of
Matters, signed at Vienna on 17 November 1986, and

Judgments

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(cid:151) the Treaty

between Belgium,

and
Luxembourg in Jurisdiction, Bankruptcy, and the Validity
and Enforcement of
Judgments, Arbitration Awards and
Authentic Instruments, signed at Brussels on 24 November
1961, in so far as it is in force.

the Netherlands

Article 70

1.
The Treaty and the Conventions referred to in Article 69
shall continue to have effect in relation to matters to which
this Regulation does not apply.

continue

They shall

in respect of
2.
judgments given and documents
formally drawn up or
registered as authentic instruments before the entry into force
of this Regulation.

to have

effect

Article 71

1.
This Regulation shall not affect any conventions to which
the Member States are parties and which in relation to
particular matters, govern jurisdiction or the recognition or
enforcement of judgments.

2. With a view to its uniform interpretation, paragraph 1
shall be applied in the following manner:

(a)

this Regulation shall not prevent a court of a Member
State, which is a party to a convention on a particular
matter, from assuming jurisdiction in accordance with that
convention, even where the defendant
is domiciled in
another Member State which is not a party to that
convention. The court hearing the action shall,
in any
event, apply Article 26 of this Regulation;

(b)

judgments given in a Member State by a court
in the
exercise of jurisdiction provided for in a convention on a
particular matter shall be recognised and enforced in the
other Member States in accordance with this Regulation.

Where a convention on a particular matter to which both
the Member State of origin and the Member State
addressed are parties
the
recognition or enforcement of judgments, those conditions
shall apply. In any event, the provisions of this Regulation
recognition and
which concern the procedure
enforcement of judgments may be applied.

lays down conditions

for

for

in particular

to recognise judgments given,

Regulation pursuant to Article 59 of the Brussels Convention,
in other
not
Contracting States
to that Convention, against defendants
domiciled or habitually resident in a third country where, in
cases provided for
the
in Article 4 of
judgment could only be founded on a ground of jurisdiction
specified in the second paragraph of Article 3 of
that
Convention.

that Convention,

CHAPTER VIII

FINAL PROVISIONS

Article 73

this
No later than five years after the entry into force of
to the European
the Commission shall present
Regulation,
Parliament,
and Social
the Council
Committee a report on the application of this Regulation. The
report shall be accompanied,
if need be, by proposals for
adaptations to this Regulation.

and the Economic

Article 74

The Member States shall notify the Commission of the
to IV. The

1.
texts amending the lists set out
Commission shall adapt the Annexes concerned accordingly.

in Annexes I

The updating or

2.
the forms,
specimens of which appear in Annexes V and VI, shall be
adopted in accordance with the advisory procedure referred to
in Article 75(2).

technical adjustment of

Article 75

1.

The Commission shall be assisted by a committee.

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

3.

The Committee shall adopt its rules of procedure.

Article 72

Article 76

This Regulation shall not affect agreements by which Member
this
States undertook, prior

to the entry into force of

This Regulation shall enter into force on l March 2002.

16.1.2001

EN

Official Journal of the European Communities

L 12/17

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

Done at Brussels, 22 December 2000.

For the Council

The President

C. PIERRET

L 12/18

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Official Journal of the European Communities

16.1.2001

ANNEX I

Rules of jurisdiction referred to in Article 3(2) and Article 4(2)

The rules of jurisdiction referred to in Article 3(2) and Article 4(2) are the following:

(cid:151) in Belgium: Article 15 of the Civil Code (Code civil/Burgerlijk Wetboek) and Article 638 of the Judicial Code (Code

judiciaire/Gerechtelijk Wetboek);

(cid:151) in Germany: Article 23 of the Code of Civil Procedure (Zivilprozessordnung),

(cid:151) in Greece, Article 40 of the Code of Civil Procedure (J(cid:254)dijay Pokisij(cid:222)y Dijomol(cid:223)ay);

(cid:151) in France: Articles 14 and 15 of the Civil Code (Code civil),

(cid:151) in Ireland: the rules which enable jurisdiction to be founded on the document instituting the proceedings having

been served on the defendant during his temporary presence in Ireland,

(cid:151) in Italy: Articles 3 and 4 of Act 218 of 31 May 1995,

(cid:151) in Luxembourg: Articles 14 and 15 of the Civil Code (Code civil),

(cid:151) in the Netherlands: Articles 126(3) and 127 of the Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering),

(cid:151) in Austria: Article 99 of the Court Jurisdiction Act (Jurisdiktionsnorm),

(cid:151) in Portugal: Articles 65 and 65A of the Code of Civil Procedure (C(cid:243)digo de Processo Civil) and Article 11 of the Code

of Labour Procedure (C(cid:243)digo de Processo de Trabalho),

(cid:151) in Finland: the second, third and fourth sentences of the first paragraph of Section 1 of Chapter 10 of the Code of

Judicial Procedure (oikeudenk(cid:228)ymiskaari/r(cid:228)tteg(cid:229)ngsbalken),

(cid:151) in Sweden: the first sentence of the first paragraph of Section 3 of Chapter 10 of the Code of Judicial Procedure

(r(cid:228)tteg(cid:229)ngsbalken),

(cid:151) in the United Kingdom: rules which enable jurisdiction to be founded on:

(a)

the document instituting the proceedings having been served on the defendant during his temporary presence
in the United Kingdom; or

(b)

the presence within the United Kingdom of property belonging to the defendant; or

(c)

the seizure by the plaintiff of property situated in the United Kingdom.

16.1.2001

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Official Journal of the European Communities

L 12/19

ANNEX II

The courts or competent authorities to which the application referred to in Article 39 may be submitted are the
following:

(cid:151) in Belgium, the (cid:145)tribunal de premiŁre instance(cid:146) or (cid:145)rechtbank van eerste aanleg(cid:146) or (cid:145)erstinstanzliches Gericht(cid:146),

(cid:151) in Germany, the presiding judge of a chamber of the (cid:145)Landgericht(cid:146),

(cid:151) in Greece, the (cid:145)Lomolek(cid:221)y Pqxsodije(cid:223)o(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),

(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)

(b)

(c)

(d)

in England and Wales, the High Court of Justice, or in the case of a maintenance judgment, the Magistrate’s
Court on transmission by the Secretary of State;

in Scotland, the Court of Session, or in the case of a maintenance judgment, the Sheriff Court on transmission
by the Secretary of State;

in Northern Ireland, the High Court of Justice, or in the case of a maintenance judgment, the Magistrate’s
Court on transmission by the Secretary of State;

in Gibraltar, the Supreme Court of Gibraltar, or in the case of a maintenance judgment, the Magistrates’ Court
on transmission by the Attorney General of Gibraltar.

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Official Journal of the European Communities

16.1.2001

The courts with which appeals referred to in Article 43(2) may be lodged are the following:

(cid:151) in Belgium,

ANNEX III

(a) as regards appeal by the defendant: the (cid:145)tribunal de premiŁre instance(cid:146) or (cid:145)rechtbank van eerste aanleg(cid:146) or (cid:145)erstinstanz-

liches Gericht(cid:146),

(b) as regards appeal by the applicant: the (cid:145)Cour d’appel(cid:146) or (cid:145)hof van beroep(cid:146),

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

(cid:151) in Greece, the (cid:145)Euese(cid:223)o(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,

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

(cid:151) in Luxembourg, the (cid:145)Cour supØrieure de Justice(cid:146) sitting as a court of civil appeal,

(cid:151) in the Netherlands:

(a)

for the defendant: the (cid:145)arrondissementsrechtbank(cid:146),

(b)

for the applicant: the (cid:145)gerechtshof(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, or in the case of a maintenance judgment, the Magistrate’s
Court;

(b)

in Scotland, the Court of Session, or in the case of a maintenance judgment, the Sheriff Court;

(c)

in Northern Ireland, the High Court of Justice, or in the case of a maintenance judgment, the Magistrate’s
Court;

(d)

in Gibraltar, the Supreme Court of Gibraltar, or in the case of a maintenance judgment, the Magistrates’ Court.

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Official Journal of the European Communities

L 12/21

The appeals which may be lodged pursuant to Article 44 are the following

ANNEX IV

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

(cid:151) in Germany, a (cid:145)Rechtsbeschwerde(cid:146),

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

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

(cid:151) in Portugal, an appeal on a point of law,

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

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

(cid:151) in the United Kingdom, a single further appeal on a point of law.

L 12/22

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Official Journal of the European Communities

16.1.2001

ANNEX V

Certificate referred to in Articles 54 and 58 of the Regulation on judgments and court settlements

(English, inglØs, anglais, inglese, (cid:133))

1. Member State of origin

2. Court or competent authority issuing the certificate

2.1. Name

2.2. Address

2.3. Tel./fax/e-mail

3. Court which delivered the judgment/approved the court settlement (*)

3.1. Type of court

3.2. Place of court

4.

Judgment/court settlement (*)

4.1. Date

4.2. Reference number

4.3. The parties to the judgment/court settlement (*)

4.3.1. Name(s) of plaintiff(s)

4.3.2. Name(s) of defendant(s)

4.3.3. Name(s) of other party(ies), if any

4.4. Date of service of

the document

instituting the proceedings where judgment was given in default of

appearance

4.5. Text of the judgment/court settlement (*) as annexed to this certificate

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

The judgment/court settlement (*) is enforceable in the Member State of origin (Articles 38 and 58 of the Regulation)
against:

Name:

Done at

. . . . . . . . . . . . . . . . . . . . . . . . . . , date

. . . . . . . . . . . . . . . . . . . . . . . . . .

Signature and/or stamp . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(*) Delete as appropriate.

16.1.2001

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Official Journal of the European Communities

L 12/23

ANNEX VI

Certificate referred to in Article 57(4) of the Regulation on authentic instruments

(English, inglØs, anglais, inglese (cid:133)(cid:133)(cid:133)(cid:133))

1. Member State of origin

2. Competent authority issuing the certificate

2.1. Name

2.2. Address

2.3. Tel./fax/e-mail

3. Authority which has given authenticity to the instrument

3.1. Authority involved in the drawing up of the authentic instrument (if applicable)

3.1.1. Name and designation of authority

3.1.2. Place of authority

3.2. Authority which has registered the authentic instrument (if applicable)

3.2.1. Type of authority

3.2.2. Place of authority

4. Authentic instrument

4.1. Description of the instrument

4.2. Date

4.2.1. on which the instrument was drawn up

4.2.2. if different: on which the instrument was registered

4.3. Reference number

4.4. Parties to the instrument

4.4.1. Name of the creditor

4.4.2. Name of the debtor

5. Text of the enforceable obligation as annexed to this certificate

The authentic instrument is enforceable against the debtor in the Member State of origin (Article 57(1) of the
Regulation)

Done at

. . . . . . . . . . . . . . . . . . . . . . . . . ,

date

. . . . . . . . . . . . . . . . . . . . . . . . .

Signature and/or stamp . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .