2001/470/EC: Council Decision of 28 May 2001 establishing a European Judicial Network in civil and commercial matters
Date: 2001-05-28
Institutions: Council of the European Union
Subjects: cross-border cooperation, exchange of information, information system, judicial cooperation in civil matters in the EU

27.6.2001

EN

Official Journal of the European Communities

L 174/25

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 28 May 2001

establishing a European Judicial Network in civil and commercial matters

(2001/470/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(3)

Having regard to the Treaty establishing the European Com-
munity, and in particular Articles 61(c) and (d), 66 and 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)

(2)

The European Union has set itself the objective of
maintaining and developing the European Union as an
area of freedom, security and justice, in which the free
movement of persons is assured.

The gradual establishment of this area and the sound
operation of the internal market entails the need to
improve, simplify and expedite effective judicial cooper-
ation between the Member States in civil and commercial
matters.

(5)

(6)

The action plan of the Council and the Commission on
how best to implement the provisions of the Treaty of
Amsterdam on an area of freedom, security and justice (4)
which was adopted by the Council on 3 December 1998
and approved by the European Council on 11 and
12 December 1998 acknowledges that reinforcement
of judicial cooperation in civil matters represents a
fundamental stage in the creation of a European judicial
area which will bring tangible benefits for every Euro-
pean Union citizen.

(4) One of the measures provided for in paragraph 40 of
the action plan is to examine the possibility of extending
the concept of the European Judicial Network in criminal
matters to embrace civil proceedings.

The conclusions of the special European Council held at
Tampere on 15 and 16 October 1999 recommend the
establishment of an easily accessible information system,
to be maintained and updated by a Network of com-
petent national authorities.

In order to improve, simplify and expedite effective
judicial cooperation between the Member States in civil
and commercial matters, it is necessary to establish at
Community level a network cooperation structure
— the European Judicial Network in civil and commer-
cial matters.

(1) OJ C 29 E, 30.1.2001, p. 281.
(2) Opinion delivered on 5 April 2001 (not yet published in the

Official Journal).

(3) OJ C 139, 11.5.2001, p. 6.

(4) OJ C 19, 23.1.1999, p. 1.

L 174/26

EN

Official Journal of the European Communities

27.6.2001

This is a subject falling within the ambit of Articles 65
and 66 of the Treaty, and the measures are to be adopted
in accordance with Article 67.

(14)

(7)

(8)

(9)

the objectives of

To ensure the attainment of
the
European Judicial Network in civil and commercial
matters, the rules governing its establishment should be
laid down in a mandatory instrument of Community
law.

The objectives of
the proposed action, namely to
improve effective judicial cooperation between the Mem-
ber States and effective access to justice for persons
engaging in cross-border litigation cannot be sufficiently
achieved by the Member States and can therefore by
reason of the scale or effects of the action be better
achieved at Community level, the Community may
adopt measures in accordance with the principle of
subsidiarity as set out in Article 5 of the Treaty. In
accordance with the principle of proportionality as set
out in that Article, this Decision does not go beyond
what is necessary in order to achieve those objectives.

(10) The European Judicial Network in civil and commercial
matters established by this Decision seeks to facilitate
judicial cooperation between the Member States in civil
and commercial matters both in areas to which existing
instruments apply and in those where no instrument is
currently applicable.

(11)

In certain specific areas, Community or international
instruments relating to judicial cooperation in civil and
commercial matters already provide for cooperation
mechanisms. The European Judicial Network in civil and
commercial matters does not set out to replace these
mechanisms, and it must operate in full compliance
with them. This Decision will consequently be without
prejudice to Community or international instruments
relating to judicial cooperation in civil or commercial
matters.

(12) The European Judicial Network in civil and commercial
matters should be established in stages on the basis of
the closest cooperation between the Commission and
the Member States. It should be able to take advantage of
modern communication and information technologies.

(13) To attain its objectives, the European Judicial Network
in civil and commercial matters needs to be supported
by contact points designated by the Member States and
to be sure of the participation of their authorities with
specific responsibilities for judicial cooperation in civil
and commercial matters. Contacts between them and
periodic meetings are essential to the operation of the
Network.

It is essential that efforts to establish an area of freedom,
security and justice produce tangible benefits for persons
engaging in cross-border litigation. It is accordingly
necessary for the European Judicial Network in civil and
commercial matters to promote access to justice. To this
end, using the information supplied and updated by
the contact points, the Network should progressively
establish an information system that is accessible to the
public, both the general public and specialists.

(15) This Decision does not preclude the provision of other
information than that which is provided for herein,
within the European Judicial Network in civil and
commercial matters and to the public. The enumeration
in Title III is accordingly not to be regarded as exhaustive.

(16) Processing of information and data should take place in
compliance with Directive 95/46/EC of the European
Parliament and of the Council of 24 October 1995 on
the protection of individuals with regard to the pro-
cessing of personal data and of the free movement of
such data (1) and Directive 97/66/EC of the European
Parliament and of the Council of 15 December 1997
concerning the processing of personal data and the
protection of privacy in the
telecommunications
sector (2).

(17) To ensure that the European Judicial Network in civil
and commercial matters remains an effective instrument,
incorporates the best practice in judicial cooperation and
internal operation and meets the public’s expectations,
provision should be made for periodic evaluations and
for proposals for such changes as may be found
necessary.

(18) 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 to the Treaty establishing the European
Community, have given notice of their wish to take part
in the adoption and application of this Decision.

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

(1) OJ L 281, 23.11.1995, p. 31.
(2) OJ L 24, 30.1.1998, p. 1.

27.6.2001

EN

Official Journal of the European Communities

L 174/27

HAS ADOPTED THIS DECISION:

TITLE I

PRINCIPLES OF THE EUROPEAN JUDICIAL NETWORK IN
CIVIL AND COMMERCIAL MATTERS

Article 1

Establishment

A European Judicial Network in civil and commercial
is hereby established among the

1.
matters (‘the Network’)
Member States.

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

2.
Member States with the exception of Denmark.

Article 2

Composition

1.

(a)

(b)

(c)

(d)

The Network shall be composed of:

contact points designated by the Member States,
accordance with paragraph 2;

in

central bodies and central authorities provided for in
Community instruments,
instruments of international
law to which the Member States are parties or rules of
domestic law in the area of judicial cooperation in civil
and commercial matters;

the liaison magistrates to whom Joint Action 96/277/JAI
of 22 April 1996 concerning a framework for the
exchange of liaison magistrates to improve judicial coop-
eration between the Member States of the European
Union (1) applies, where they have responsibilities in
cooperation in civil and commercial matters;

any other appropriate judicial or administrative authority
with responsibilities for judicial cooperation in civil and
commercial matters whose membership of the Network
is considered to be useful by the Member State to which
it belongs.

2.
Each Member State shall designate a contact point. Each
Member State may, however, designate a limited number of
other contact points if they consider this necessary on the
basis of the existence of separate legal systems, the domestic
distribution of jurisdiction, the tasks to be entrusted to the
contact points or in order to associate judicial bodies that
frequently deal with cross-border litigation directly with the
activities of the contact points.

(1) OJ L 105, 27.4.1996, p. 1.

Where a Member State designates several contact points, it
shall ensure that appropriate coordination mechanisms apply
between them.

The Member States shall identify the authorities men-

3.
tioned at points (b) and (c) of paragraph 1.

The Member States shall designate the authorities men-

4.
tioned at point (d) of paragraph 1.

5.
in
The Member States shall notify the Commission,
accordance with Article 20, of the names and full addresses of
the authorities referred to in paragraph 1, specifying:

(a)

the communication facilities available to them;

(b)

their knowledge of languages; and

(c) where appropriate, their specific functions in the Net-

work.

Article 3

Tasks and activities of the Network

1.

(a)

The Network shall be responsible for:

facilitating judicial cooperation between the Member
States in civil and commercial matters, including devising,
progressively establishing and updating an information
system for the members of the Network;

(b) devising, progressively establishing and updating an infor-

mation system that is accessible to the public.

2. Without prejudice to other Community or international
instruments relating to judicial cooperation in civil or commer-
cial matters, the Network shall develop its activities for the
following purposes in particular:

(a)

(b)

(c)

the smooth operation of procedures having a cross-
border impact and the facilitation of requests for judicial
cooperation between the Member States, in particular
where no Community or international
instrument is
applicable;

the effective and practical application of Community
instruments or conventions in force between two or
more Member States;

the establishment and maintenance of an information
system for the public on judicial cooperation in civil and
commercial matters in the European Union, relevant
Community and international instruments and the dom-
estic law of the Member States, with particular reference
to access to justice.

L 174/28

EN

Official Journal of the European Communities

27.6.2001

Article 4

Modus operandi of the Network

The Network shall accomplish its tasks in particular by the
following means:

1.

2.

3.

it shall facilitate appropriate contacts between the auth-
orities of the Member States mentioned in Article 2(1) for
the accomplishment of the tasks provided for by Article 3;

it shall organise periodic meetings of the contact points
and of the members of the Network in accordance with
the rules laid down in Title II;

it shall draw up and keep updated the information on
judicial cooperation in civil and commercial matters and
the legal systems of the Member States referred to in
Title III, in accordance with the rules laid down in that
Title.

Article 5

Contact points

1.
The contact points shall be at
authorities referred to in Article 2(1)(b)
accomplishment of the tasks provided for by Article 3.

the disposal of
to (d)

the
for the

The contact points shall also be at the disposal of the local
judicial authorities in their own Member State for the same
purposes, in accordance with rules to be determined by each
Member State.

In particular, the contact points shall:

supply the other contact points, the authorities men-
judicial
tioned in Article 2(1)(b) to (d) and the local
authorities in their own Member State with all
the
information needed for
sound judicial cooperation
between the Member States in accordance with Article 3,
in order to assist them in preparing operable requests
for judicial cooperation and in establishing the most
appropriate direct contacts;

seek solutions to difficulties arising on the occasion of a
request for judicial cooperation, without prejudice to
paragraph 4 of this Article and to Article 6;

facilitate coordination of the processing of requests for
judicial cooperation in the relevant Member State,
in
particular where several requests from the judicial auth-
orities in that Member State fall to be executed in another
Member State;

collaborate in the organisation of, and participate in, the
meetings referred to in Article 9;

2.

(a)

(b)

(c)

(d)

(e)

3. Where a contact point receives a request for information
from another member of the Network to which it is unable to
respond, it shall forward it to the contact point or the member
of the Network which is best able to respond to it. The contact
point shall remain available for any such assistance as may be
useful for subsequent contacts.

4.
In areas where Community or international instruments
governing judicial cooperation already provide for the desig-
nation of authorities responsible for facilitating judicial cooper-
ation, contact points shall address requesters to such auth-
orities.

Article 6

Relevant authorities for the purposes of Community or
international instruments relating to judicial cooperation
in civil and commercial matters

1.
The involvement of relevant authorities provided for by
Community or international instruments relating to judicial
cooperation in civil and commercial matters in the Network
shall be without prejudice to the powers conferred on them by
the instrument providing for their designation.

Contacts within the Network shall be without prejudice to
regular or occasional contacts between these authorities.

2.
In each Member State the authorities provided for by
Community or international instruments relating to judicial
cooperation in civil and commercial matters and the contact
points of the Network shall engage in regular exchanges of
views and contacts to ensure that their respective experience is
disseminated as widely as possible.

3.
The contact points of the Network shall be at the disposal
of the authorities provided for by Community or international
instruments relating to judicial cooperation in civil and
commercial matters and shall assist them in all practicable
ways.

Article 7

Language knowledge of the contact points

To facilitate the practical operation of the Network, each
Member State shall ensure that
the contact points have
adequate knowledge of an official language of the institutions
of the European Community other than their own, given that
they need to be able to communicate with the contact points
in other Member States.

assist with the preparation and updating of the infor-
mation referred to in Title III, and in particular with the
information system for the public, in accordance with the
rules laid down in that Title.

Member States shall
facilitate and encourage specialised
staff and promote
language training for contact point
exchanges of staff between contact points in the Member
States.

27.6.2001

EN

Official Journal of the European Communities

L 174/29

Article 8

Communication facilities

(f)

identify specific initiatives other than those referred to in
Title III which pursue comparable objectives.

The contact points shall use the most appropriate technological
facilities in order to reply as efficiently and as swiftly as
possible to requests made to them.

2.
The Member States shall ensure that experience in the
operation of specific cooperation mechanisms provided for by
Community or international instruments is shared at meetings
of the contact points.

TITLE II

Article 11

MEETINGS WITHIN THE NETWORK

Meetings of members of the Network

Article 9

Meetings of the contact points

1. Meetings open to all members of the Network shall be
held to enable them to get to know each other and exchange
experience, to provide a platform for discussion of practical
and legal problems met and to deal with specific questions.

The contact points of the Network shall meet no less of

1.
ten than once each half year, in accordance with Article 12.

Meetings can also be held on specific issues.

Each Member State shall be represented at these meetings
2.
by one or more contact points, who may be accompanied by
other members of the Network, but there shall be no more
than four representatives per Member State.

3.
The first meeting of the contact points shall be held no
later than 1 March 2003 without prejudice to the possibility
of prior preparatory meetings.

2. Meetings shall be convened, where appropriate,
accordance with Article 12.

in

The Commission, in close cooperation with the Presi-
3.
dency of the Council and with the Member States, shall fix for
each meeting the maximum number of participants.

Article 10

Article 12

Purpose of periodic meetings of contact points

Organisation and proceedings of meetings of the Network

The purpose of the periodic meetings of contact points

1.
shall be to:

(a)

enable the contact points to get to know each other
and exchange experience,
in particular as regards the
operation of the Network;

(b) provide a platform for discussion of practical and legal
problems encountered by the Member States in the course
of
judicial cooperation, with particular reference to
the application of measures adopted by the European
Community;

1.
The Commission, in close cooperation with the Presi-
dency of the Council and with the Member States, shall
convene the meetings provided for by Articles 9 and 11. It
shall chair them and provide secretarial services.

2.
Before each meeting the Commission shall prepare the
draft agenda in agreement with the Presidency of the Council
and in consultation with the Member States via their respective
contact points.

(c)

(d)

(e)

identify best practices in judicial cooperation in civil and
commercial matters and ensure that relevant information
is disseminated within the Network;

3.
The contact points shall be notified of the agenda prior
to the meeting. They may ask for changes to be made or for
additional items to be entered.

exchange data and views, in particular on the structure,
organisation and content of and access to the available
information mentioned in Title III;

draw up guidelines for progressively establishing the
practical information sheets provided for by Article 15,
in particular as regards the subject matter to be covered
and the form of such information sheets;

After each meeting the Commission shall prepare a

4.
record, which shall be notified to the contact points.

5. Meetings of the contact points and of members of the
Network may take place in any Member State.

L 174/30

EN

Official Journal of the European Communities

27.6.2001

TITLE III

INFORMATION AVAILABLE WITHIN THE NETWORK, AND
INFORMATION SYSTEM FOR THE PUBLIC

Article 15

Information sheets

Article 13

Information disseminated within the Network

The information disseminated within the network shall

1.
include:

1.
The information sheets shall be devoted by way of
priority to questions relating to access to justice in the Member
States and shall include information on the procedures for
bringing cases in the courts and for obtaining legal aid,
without prejudice to other Community initiatives, to which
the Network shall have the fullest regard.

(a)

(b)

the information referred to in Article 2(5);

any further information deemed useful by the contact
points for the proper functioning of the Network.

2.
Information sheets shall be of a practical and concise
nature. They shall be written in easily comprehensible language
and contain practical information for the public. They shall
progressively be produced on at least the following subjects:

2.
For the purpose of paragraph 1, the Commission shall
progressively establish a secure limited-access electronic infor-
mation exchange-system in consultation with the contact
points.

Article 14

Information system for the public

1.
An Internet-based information system for the public,
including the dedicated website for the Network, shall be
progressively established in accordance with Articles 17 and
18.

The information system shall comprise the following

2.
elements:

(a) Community instruments in force or in preparation relat-
ing to judicial cooperation in civil and commercial
matters;

(b) national measures for the domestic implementation of

the instruments in force referred to in point (a);

(c)

international
instruments in force relating to judicial
cooperation in civil and commercial matters to which
the Member States are parties, and declarations and
reservations made in connection with such instruments;

(d)

the relevant elements of Community case-law in the area
of judicial cooperation in civil and commercial matters;

(e)

the information sheets provided for by Article 15.

3.
For the purposes of access to the information mentioned
in paragraph 2(a) to (d), the Network should, where appropri-
ate, in its site, make use of links to other sites where the
original information is to be found.

4.
The site dedicated to the Network shall likewise facilitate
access to comparable public information initiatives in related
matters and to sites containing information relating to the
legal systems of the Member States.

(a)

principles of the legal system and judicial organisation of
the Member States;

(b) procedures for bringing cases to court, with particular
reference to small claims, and subsequent court pro-
cedures, including appeal possibilities and procedures;

(c)

conditions and procedures for obtaining legal aid, includ-
ing descriptions of the tasks of non-governmental organ-
isations active in this field, account being taken of work
already done in the Dialogue with Citizens;

(d) national rules governing the service of documents;

(e)

(f)

(g)

rules and procedures for the enforcement of judgments
given in other Member States;

possibilities and procedures for obtaining interim relief
measures, with particular reference to seizures of assets
for the purposes of enforcement;

alternative dispute-settlement possibilities, with an indi-
cation of the national information and advice centres of
the Community-wide Network for the Extra-Judicial
Settlement of Consumer Disputes;

(h) organisation and operation of the legal professions.

The information sheets shall, where appropriate, include

4.
elements of the relevant case-law of the Member States.

The information sheets may provide more detailed

5.
information for the specialists.

Article 16

Updating of information

All information distributed within the Network and to the
public under Articles 13 to 15 shall be updated regularly.

27.6.2001

EN

Official Journal of the European Communities

L 174/31

Article 17

Role of the Commission in the public information system

The Commission shall:

1.

2.

3.

be responsible for managing the information system for
the public;

construct,
dedicated website for the Network on its Internet site;

in consultation with the contact points, a

provide information on relevant aspects of Community
law and procedures, including Community case-law, in
accordance with Article 14;

4.

(a)

ensure that the format of the information sheets is
consistent and that they include all
information
considered necessary by the Network;

(b)

thereafter arrange for them to be translated into the
other official languages of the Institutions of the
Community, and install them on the site dedicated
to the Network.

Article 18

Role of contact points in the public information system

Contact points shall ensure that

1.

2.

3.

4.

5.

the appropriate information needed to create and operate
the information system is supplied to the Commission;

the information installed in the system is accurate;

the Commission is notified forthwith of any updates as
soon as an item of information requires changing;

the information sheets relating to their respective Member
States are progressively established, according to the
guidelines referred to in Article 10(1)(e);

the broadest possible dissemination of the information
sheets installed on the site dedicated to the Network is
arranged in their Member State.

TITLE IV

FINAL PROVISIONS

Article 19

Review

1.
No later than 1 December 2005, and at least every five
years thereafter, the Commission shall present to the European
Parliament, the Council and the Economic and Social Com-
mittee a report on the application of this Decision on the basis
of information supplied by the contact points. The report shall
be accompanied if need be by proposals for adaptations.

2.
The report shall consider, among other relevant matters,
the question of possible direct public access to the contact
points of the Network, access to and involvement of the legal
professions in its activities, and synergy with the Community-
wide Network for the Extra-Judicial Settlement of Consumer
Disputes. It shall also consider the relationship between the
contact points of the Network and the competent authorities
provided for in Community or international
instruments
relating to judicial cooperation in civil and commercial matters.

Article 20

Establishment of the basic components of the Network

No later than 1 June 2002, the Member States shall notify the
Commission of the information required by Article 2(5).

Article 21

Date of application

This Decision shall apply from 1 December 2002, except for
Articles 2 and 20 which shall apply from the date of
notification of the Decision to the Member States to which it
is addressed.

This Decision is addressed to the Member States in accordance
with the Treaty establishing the European Community.

Done at Brussels, 28 May 2001.

For the Council

The President
T. BODSTRO¨ M