Proposal for a Council Regulation concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility repealing Regulation (EC) No 1347/2000 and amending Regulation (EC) No 44/2001 in matters relating to maintenance
Date: 2002-05-03
Institutions: European Commission
Subjects: judicial cooperation, jurisdiction, matrimonial law, parental responsibility

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Proposal for a Council Regulation concerning jurisdiction and the recognition and enforcement of
judgments in matrimonial matters and in matters of parental responsibility repealing Regulation
(EC) No 1347/2000 and amending Regulation (EC) No 44/2001 in matters relating to maintenance

(2002/C 203 E/27)

COM(2002) 222 final — 2002/0110(CNS)

(Submitted by the Commission on 3 May 2002)

THE COUNCIL OF THE EUROPEAN UNION,

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,

Having regard to the opinion of the European Parliament,

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

Whereas:

set

(1) The European Community has

freedom, security and justice,

the objective of
creating an area of
in
which the free movement of persons is ensured. To this
end, the Community is to adopt, among others, measures
in the field of judicial cooperation in civil matters that are
necessary for
the internal
market.

functioning of

the proper

(2) The Tampere European Council endorsed the principle of
mutual recognition of judicial decisions as the cornerstone
for the creation of a genuine judicial area, and identified
visiting rights as a priority.

(3) Council Regulation (EC) No 1347/2000 of 29 May 2000
on jurisdiction and the recognition and enforcement of
judgments in matrimonial matters and in matters of
parental responsibility for children of both spouses (1)
sets out rules on jurisdiction, recognition and enforcement
of
judgments in matrimonial matters and matters of
parental responsibility for the children of both spouses
rendered on the occasion of the matrimonial proceedings.

(4) On 3 July 2000 France presented an initiative for a
enforcement of

Council Regulation on the mutual
judgments on rights of access to children (2).

(5) For purposes of facilitating the application of the rules on
parental responsibility that often arises in the context of
matrimonial proceedings, it is more appropriate to have a
single instrument for matrimonial matters and matters of
parental responsibility.

(6) The

scope of

this Regulation should cover

civil
proceedings, including proceedings considered equivalent
to judicial proceedings, and excluding purely religious
proceedings. Therefore the reference to ‘courts’ should
judicial or otherwise, with juris-
include all authorities,
diction in the matters covered by this Regulation.

(7) Authentic instruments and court

that are
enforceable in one Member State should be treated as
equivalent to ‘judgments’.

settlement

(8) As regards judgments on divorce,

legal separation or
marriage annulment, this Regulation should only apply
to the dissolution of matrimonial ties, and should not
affect issues such as the fault of the spouses, property
consequences of the marriage, maintenance obligations
or any other ancillary measures.

(9) In order to ensure equality for all children, this Regulation
should cover all decisions on parental
responsibility,
excluding matters relating to maintenance, which are
covered by Council Regulation (EC) No 44/2001 of
22 December 2000 on jurisdiction and the recognition
and enforcement of judgments in civil and commercial
matters (3) and measures
taken as a result of penal
offences committed by children.

(10) The grounds of jurisdiction in matters of parental respon-
sibility accepted in this Regulation should be shaped in
the light of the best interests of the child. This means that
jurisdiction should lie in the first place with the Member
State of the child's habitual residence, except for certain
cases of a change in the child's residence or pursuant to
an agreement between the holders of parental responsi-
bility.

(1) OJ L 160, 30.6.2000, p. 19.
(2) OJ C 234, 15.8.2000, p. 7.

(3) OJ L 12, 16.1.2001, p. 1.

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(11) Council Regulation (EC) No 1348/2000 of 29 May 2000
on the service in the Member States of judicial and extra-
judicial documents in civil or commercial matters (1)
should apply to the service of documents in proceedings
instituted pursuant to this Regulation.

(12) This Regulation should not prevent

State

Member
protective, measures,
persons or property situated in that State.

from taking

the courts of a
including
provisional,
in urgent cases, with regard to

(13) In cases of child abduction, the courts of the Member
State to which the child has been removed or
is
retained should have the possibility to take a provisional
protective measure not to return the child, which should
be superseded by a judgment on custody issued by the
courts of the child's former habitual residence. Should that
judgment entail the return of the child, the child should
be returned without any special procedure being required
for recognition and enforcement in the Member State to
which the child has been abducted.

(14) Council Regulation (EC) No 1206/2001 of 28 May 2001
on cooperation between the courts of the Member States
in the taking of evidence in civil or commercial matters (2)
may be used for the hearing of the child.

(15) The recognition and enforcement of judgments given in a
Member State are based on the principle of mutual trust
and the grounds for non-recognition should be kept to
the minimum required. These relate to observing public
policy in the Member State of enforcement, safeguarding
the parties,
the defence and those of
the rights of
including the rights of the child, and withholding recog-
nition of irreconcilable judgments.

(16) No special procedure should be required in the Member
State of enforcement for the recognition and enforcement
of judgments on rights of access and judgments on return
that have been certified in the Member State of origin in
accordance with the provisions of this Regulation.

(17) Central authorities should cooperate both as a general
including for purposes of
matter and in specific cases,
promoting the amicable resolution of
family disputes.
To this end central authorities should avail themselves
to participate in the European Judicial Network in civil
and commercial matters created by Council Decision

2001/470/EC of 28 May 2001 establishing a European
Judicial Network in civil and commercial matters (3).

(18) The Commission should be

empowered to amend
Annexes I, II and III relating to the courts and redress
procedures on the basis of the information communicated
by the Member State concerned.

(19) In accordance with Article 2 of Council Decision
1999/468/EC of 28 June 1999 laying down the
implementing powers
procedures
to
amendments
conferred
the
Annexes IV to VII should be adopted by use of
advisory procedure provided for in Article 3 of
that
Decision.

for
the exercise of
on the Commission (4),

(20) In

the

the
No 1347/2000 should be repealed and replaced.

foregoing, Regulation

light

of

(EC)

(21) Regulation (EC) No 44/2001 should be amended as to
allow the
court having jurisdiction in matters of
parental responsibility in accordance with the provisions
of this Regulation to decide on maintenance.

(22) 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
European
Community, have given notice of
their wish to take
part in the adoption and application of this Regulation.

the Treaty

establishing

the

(23) Denmark,

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

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

(25) This Regulation respects

the fundamental

rights and
observes the principles recognised by the Charter of
Fundamental Rights of the European Union. In particular,
it seeks to ensure full respect for the fundamental rights of
the child as recognised in Article 24 of the Charter of
Fundamental Rights of the European Union,

(1) OJ L 160, 30.6.2000, p. 37.
(2) OJ L 174, 27.6.2001, p. 1.

(3) OJ L 174, 27.6.2001, p. 25.
(4) OJ L 184, 17.7.1999, p. 23.

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HAS ADOPTED THIS REGULATION:

4. the term ‘Member State of origin’ shall mean the Member
State where the judgment to be enforced was issued;

CHAPTER I

SCOPE, DEFINITIONS AND BASIC PRINCIPLES

Article 1

Scope

5. the term ‘Member State of enforcement’ shall mean the
is

Member State where enforcement of
sought;

the judgment

This Regulation shall apply to civil proceedings relating

1.
to:

(a) divorce, legal separation or marriage annulment

6. the term ‘parental responsibility’ shall mean rights and
duties given to a natural or legal person by judgment,
by operation of
law or by an agreement having legal
effect and relating to the person or the property of a
child.
include rights of
In particular,
custody and rights of access;

the term shall

and

(b) the attribution, exercise, delegation, restriction or termi-

nation of parental responsibility.

Notwithstanding paragraph 1 this Regulation shall not

2.
apply to civil proceedings relating to:

(a) matters relating to maintenance

and

7. the term ‘holder of parental responsibility’ shall mean any

person having parental responsibility over a child;

8. the term ‘rights of custody’ shall include rights and duties
the person of a child, and in
to have a say in determining the

relating to the care of
particular the right
child's place of residence;

9. the term ‘rights of access’ shall include the right to take a
child to a place other than his or her habitual residence for
a limited period of time;

(b) measures taken as a result of penal offences committed by

children.

10. the term ‘child abduction’ shall mean a child's removal or

retention where:

Other proceedings officially recognised in a Member State

3.
shall be regarded as equivalent to judicial proceedings.

Article 2

Definitions

(a)

is in breach of

it
rights of custody acquired by
judgment or by operation of law or by an agreement
having legal effect under the law of the Member State
where the child was habitually resident immediately
before the removal or retention;

For the purposes of this Regulation the following definitions
shall apply:

and

1. The term ‘court’ shall cover all

the authorities in the
Member States with jurisdiction in the matters falling
within the scope of this Regulation pursuant to Article 1;

(b) provided that, at the time of removal or retention the
rights of custody were actually exercised, either jointly
or alone, or would have been so exercised but for the
removal or retention.

2. the term ‘Member State’ shall mean all Member States with

the exception of Denmark;

3. the term ‘judgment’ shall mean a divorce, legal separation
or marriage annulment, as well as a judgment relating to
parental
responsibility, pronounced by a court of a
Member State, whatever the judgment may be called,
including a decree, order or decision;

Right of the child to contact with both parents

A child shall have the right to maintain on a regular basis a
personal relationship and direct contact with both parents,
unless this is contrary to his or her interests.

Article 3

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Article 4

Right of the child to be heard

For the purpose of this Regulation,

‘domicile’ shall have
2.
the same meaning as it has under the legal systems of the
United Kingdom and Ireland.

A child shall have the right to be heard on matters relating to
parental responsibility over him or her in accordance with his
or her age and maturity.

CHAPTER II

JURISDICTION

S e c t i o n 1

Article 6

Counterclaim

The court in which proceedings are pending on the basis of
Article 5 shall also have jurisdiction to examine a counterclaim,
in so far as the latter comes within the scope of this Regu-
lation.

Divorce, legal separation and marriage annulment

Article 5

General jurisdiction

1.
In matters
marriage annulment,
the Member State

relating to divorce,
jurisdiction shall

legal

separation or
lie with the courts of

Article 7

Conversion of legal separation into divorce

Without prejudice to Article 5, a court of a Member State that
has given a judgment on a legal separation shall also have
if
jurisdiction for converting that judgment into a divorce,
the law of that Member State so provides.

(a)

in whose territory:

Article 8

Exclusive nature of jurisdiction under Articles 5 to 7

— the spouses are habitually resident, or

A spouse who:

— the spouses were last habitually resident, in so far as

one of them still resides there, or

— the respondent is habitually resident, or

(a)

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

(b) is a national of a Member State, or,

in the case of the
United Kingdom and Ireland, has his or her ‘domicile’ in
the territory of one of the latter Member States,

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

is habitually resident, or

may be sued in another Member State only in accordance with
Articles 5 to 7.

— the applicant is habitually resident if he or she resided
immediately before the

least a year

there for at
application was made, or

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

(b) of the nationality of both spouses or, in the case of the
the ‘domicile’ of both

United Kingdom and Ireland, of
spouses.

Article 9

Residual jurisdiction

1. Where no court of a Member State has jurisdiction
pursuant to Articles 5 to 7, jurisdiction shall be determined,
in each Member State, by the laws of that State.

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

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S e c t i o n 2

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

Parental responsibility

Article 10

General jurisdiction

1.
The courts of a Member State shall have jurisdiction in
matters of parental responsibility over a child who is habitually
resident in that Member State at the time the court is seized.

Paragraph 1 shall be subject to the provisions of Articles

2.
11, 12 and 21.

Article 11

Continuing jurisdiction of the Member State of the child's
former residence

1.
In the case of a change of residence of a child, the courts
of the Member State of the former residence of the child shall
continue to have jurisdiction where:

relation to the child;

and

(c)

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

The courts of a Member State shall have jurisdiction

2.
where:

(a) all holders of parental responsibility have accepted juris-

diction at the time the court is seized;

(b) the child has a substantial connection with that Member
State,
in particular by virtue of the fact that one of the
holders of parental responsibility is habitually resident in
that Member State or that the child is a national of that
Member State;

and

(a) there is a judgment issued by these courts in accordance

(c)

jurisdiction is in the best interests of the child.

with Article 10;

(b) the child has resided in the State of his or her new
residence for a period of less than six months at the time
the court is seized;

and

(c) one of the holders of parental responsibility continues to
reside in the Member State of the former residence of the
child.

2.
Paragraph 1 shall not apply if the child's new residence
has become his/her habitual residence and if the holder of
parental responsibility referred to in paragraph 1, point (c)
has accepted the jurisdiction of the courts of this Member
State.

The jurisdiction conferred in paragraph 1 shall cease as

3.
soon as:

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

divorce,
legal
become final;

or

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

or

(c)

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

3.
For the purposes of this Article the appearance of a
holder of parental responsibility before a court shall not be
deemed in itself to constitute acceptance of the court's juris-
diction.

4.
For the purposes of this Article the appearance of a
holder of parental responsibility before a court shall not be
deemed in itself to constitute acceptance of the court's juris-
diction.

Article 12

Prorogation of jurisdiction

Article 13

Jurisdiction based on the child's presence

1.
The courts of a Member State exercising jurisdiction by
virtue of Article 5 on an application for divorce, legal sepa-
ration or marriage annulment shall have jurisdiction in a
matter relating to parental responsibility over a child of both
spouses:

1. Where a child's habitual residence cannot be established
and no court of a Member State has jurisdiction pursuant to
Articles 11 or 12, the courts of the Member State where the
child is present shall have jurisdiction.

(a)

if the child is habitually resident in one of the Member
States;

2.
Paragraph 1 shall also apply to refugee children or
children internationally displaced because of disturbances
occurring in their country.

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Article 14

Residual jurisdiction

Where no court of a Member State has jurisdiction pursuant to
Articles 10 to 13 or 21, jurisdiction shall be determined, in
each Member State, by the laws of that State.

Article 15

Transfer to a court better placed to hear the case

1.
On the basis of an application by a holder of parental
responsibility, the courts of a Member State having jurisdiction
as to the substance of the matter may, in exceptional circum-
stances where this is in the best interests of the child, transfer
the case to the courts of another Member State which:

(a) was the former habitual residence of the child, or

(b) is the place of the child's nationality, or

(c)

is the habitual residence of a holder of parental responsi-
bility, or

(d) is the place where property of the child is located.

To this end, the courts of the Member State having jurisdiction
as to the substance of the matter shall stay the proceedings and
prescribe a period of time during which the courts of that
other Member State must be seized.

The courts of that other Member State may, where this is in
the best interests of the child, accept jurisdiction within one
month from the time they are seized. In this case, the court
first seized shall decline jurisdiction. Otherwise, the court first
seized shall exercise jurisdiction.

2.
The courts shall cooperate for purposes of this Article,
either directly or through the central authorities designated
pursuant to Article 55.

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

Article 17

Examination as to jurisdiction

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

Article 18

Examination as to admissibility

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

2.
Article 19 of Regulation (EC) No 1348/2000 shall apply
instead of the provisions of paragraph 1 of this Article if the
document
an equivalent
document had to be transmitted from one Member State to
another pursuant to that Regulation.

the proceedings or

instituting

S e c t i o n 3

Common provisions

Article 16

Seizing of a Court

3. 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 abroad pursuant
to that Convention.

the document

A court shall be deemed to be seized:

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

or

Article 19

Lis pendens and dependent actions

1. Where proceedings relating to divorce, legal separation or
marriage annulment between the same parties are brought
before courts of different Member States, the court second
seized shall of its own motion stay its proceedings until such
time as the jurisdiction of the court first seized is established.

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2. Where proceedings relating to parental responsibility over
the same child are brought before courts of different Member
States, the court second seized shall of its own motion stay its
proceedings until such time as the jurisdiction of the court first
seized is established.

(i) the child has resided in that other Member State for a
period of at least one year after the holder of rights of
custody has had or should have had knowledge of the
whereabouts of the child;

3. Where the jurisdiction of the court first seized is estab-
lished,
the court second seized shall decline jurisdiction in
favour of that court.

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

(ii) within the period referred to under (i) no application
for return has been lodged pursuant to Article 22,
paragraph 1, or a judgment
that does not entail
return has been issued in accordance with Article 24,
paragraph 3, or no judgment on custody has been
issued one year after
the court has been seized
pursuant to Article 24, paragraph 2;

and

Article 20

(iii) the child is settled in his or her new environment.

Provisional, including protective, measures

in urgent cases, the
1. Without prejudice to Chapter III,
provisions of this Regulation shall not prevent the courts of
a Member State from taking such provisional,
including
protective, measures in respect of persons or assets in that
State as may be available under the law of
that Member
the court of another
State, even if, under this Regulation,
Member State has jurisdiction as to the substance of the matter.

The measures referred to in paragraph 1 shall cease to
2.
apply when the courts of the Member State having jurisdiction
as to the substance of the matter have issued a judgment.

CHAPTER III

CHILD ABDUCTION

Article 21

Jurisdiction

Article 22

Return of the child

1. Without prejudice to any other legal means available, a
holder of rights of custody may apply for the return of an
abducted child to the central authority of the Member State
to which the child has been abducted, either directly or
through another central authority.

2.
Upon receipt of an application for return pursuant to
paragraph 1, the central authority of the Member State to
which the child has been abducted shall:

(a) take the necessary measures for locating the child;

and

In cases of child abduction, the courts of the Member
1.
State in which the child was habitually resident immediately
before the removal or retention shall continue to have juris-
diction.

(b) ensure that the child has been returned within one month
from locating him or her, unless proceedings instituted
pursuant to paragraph 3 are pending.

Paragraph 1 shall not apply if the child has acquired a

2.
habitual residence in another Member State, and:

(a)

if each holder of rights of custody has acquiesced in the
removal or retention;

The central authority of the Member State to which the child
has been abducted shall forward to the central authority of the
Member State of the child's habitual residence immediately
information and
before the removal or retention all useful
make recommendations, as appropriate, for facilitating his or
her return, or shall provide all useful information and remain
in contact during the proceedings pursuant to paragraph 3.

or

(b) if all of the following conditions are fulfilled:

3.
The return of the child may be refused only by applying
to the courts of the Member State to which the child has been
abducted for a protective measure within the time period
indicated in paragraph 2.

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Article 23

Provisional protective measure not to return the child

1.
The courts of the Member State to which the child has
been abducted shall decide without delay on an application for
a protective measure pursuant to Article 22, paragraph 3.

The child shall be heard during the procedure, unless this
appears inappropriate having regard to his or her age or
degree of maturity.

The courts may take a protective measure not to return

2.
the child pursuant to paragraph 1 only if:

(a) there is a grave risk that return would expose the child to
physical or psychological harm or otherwise place him or
her in an intolerable situation;

or

During the procedure the court shall remain in contact, directly
or through the central authorities, with the court that took the
protective measure not to return the child pursuant to Article
23, paragraph 1,
for purposes of monitoring the child's
situation.

The child shall be heard during the procedure, unless this
appears inappropriate having regard to his or her age or
degree of maturity. For this purpose the court shall take into
account the information forwarded pursuant to paragraph 1
and, where appropriate, use the cooperation provisions of
Regulation (EC) No 1206/2001.

inform the central authority of

4.
The central authority of the Member State of the child's
habitual residence immediately before the removal or retention
the Member State to
shall
which the child has been abducted of the judgment issued
pursuant
forward all useful
information and make recommendations, as appropriate.

to paragraph 3, and shall

(b) the child objects to being returned and has attained an age
and degree of maturity at which it is appropriate to take
account of his or her views.

The measure taken pursuant

3.
to paragraph 1 shall be
provisional. The courts having issued this measure may at
any time decide that it shall cease to apply.

5.
A judgment given pursuant to paragraph 3 that entails
the return of the child and has been certified in accordance
with the provisions of Chapter
IV, Section 3 shall be
recognised and enforced without any special procedure being
required for the limited purpose of returning the child.

For purposes of this paragraph the judgment given pursuant to
paragraph 3 shall be enforceable notwithstanding any appeal.

taken pursuant

The measure
superseded by a judgment on custody issued pursuant
Article 24, paragraph 3.

to paragraph 1 shall be
to

Article 24

Judgment on custody

The assistance provided by the central authorities shall be

1.
free of charge.

Article 25

Fees and other costs

1.
The central authority of the Member State to which the
child has been abducted shall inform the central authority of
the Member State of the child's habitual residence immediately
before the removal or retention of any protective measure
taken pursuant to Article 23, paragraph 1 within two weeks
from taking the measure,
forward all useful
information,
in particular a transcript of the hearing of the
child, if any.

and shall

2.
The central authority of the Member State of the child's
habitual residence immediately before the removal or retention
shall seize the courts of that Member State within one month
from receiving the information referred to in paragraph 1 for a
decision on custody.

Any holder of parental responsibility may also apply to the
courts for the same purpose.

2.
The courts may direct a person who has abducted a child
to pay any costs incurred, including legal fees, for locating and
returning the child.

CHAPTER IV

RECOGNITION AND ENFORCEMENT

S e c t i o n 1

Recognition

Article 26

Recognition of a judgment

The courts seized pursuant to paragraph 2 shall issue a

3.
judgment on custody without delay.

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

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

(c)

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

Documents which have been formally drawn up or registered
as authentic instruments and are enforceable in one Member
State and also settlements which have been approved by a
court in the course of proceedings and are enforceable in the
Member State
concluded shall be
recognised and declared enforceable under the same conditions
as judgments.

in which they were

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

3. Without prejudice to Section 3 of
interested party may,
provided for
decision that the judgment be or not be recognised.

this Chapter, any
in accordance with the procedures
this Chapter, apply for a

in Section 2 of

The local
Annex I shall be determined by the internal
Member State
non-recognition are brought.

jurisdiction of the court appearing in the list in
the
law of
recognition or

in which proceedings

for

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

Article 27

Grounds of non-recognition for judgments relating to
divorce, legal separation or marriage annulment

A judgment relating to a divorce, legal separation or marriage
annulment shall not be recognised:

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

Article 28

Grounds of non-recognition for judgments relating to
parental responsibility

A judgment relating to parental responsibility shall not be
recognised:

(a)

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

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

fundamental principles of procedure of

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

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

(e)

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

it
if
parental
which recognition is sought;

(a)

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

or

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

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

the
in sufficient

proceedings

or with

an

if

(f)

it

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

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Article 29

Article 34

Prohibition of review of jurisdiction of court of origin

Jurisdiction of local courts

The jurisdiction of the court of the Member State of origin may
not be reviewed. The test of public policy referred to in Articles
27 point (a) and 28 point (a) may not be applied to the rules
relating to jurisdiction set out in Articles 5 to 9, 10 to 14 and
21.

Article 30

Differences in applicable law

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

legal

An application for a declaration of enforceability shall be

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

The local jurisdiction shall be determined by reference to
2.
the place of the habitual residence of the person against whom
enforcement is sought or by reference to the habitual residence
of any child to whom the application relates.

the places

Where neither of
subparagraph can be
the local
enforcement,
reference to the place of enforcement.

referred to in the

first
found in the Member State of
jurisdiction shall be determined by

Article 31

Non-review as to substance

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

Article 35

Procedure

Article 32

Stay of proceedings

The procedure for making the application shall be

1.
governed by the law of the Member State of enforcement.

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

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
is suspended in the
if enforcement
Member State of origin by reason of an appeal.

S e c t i o n 2

Application for a declaration of enforceability

Article 33

Enforceable judgments

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

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

The documents referred to in Articles 42 and 44 shall be

3.
attached to the application.

Article 36

Decision of the court

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

stage of

The application may be refused only for one of

2.
reasons specified in Articles 27, 28 and 29.

the

Under no circumstances may a judgment be reviewed as

3.
to its substance.

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Article 37

Notice of the decision

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

the applicant

enforcement is sought, stay the enforcement proceedings if an
ordinary appeal has been lodged in the Member State of origin
or if the time for such appeal has not yet expired. In the latter
case, the court may specify the time within which an appeal is
to be lodged.

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

Article 38

Appeal against the decision

The decision on the application for a declaration of

1.
enforceability may be appealed against by either party.

Article 41

Partial enforcement

The appeal shall be lodged with the court appearing in

2.
the list in Annex II.

The appeal shall be dealt with in accordance with the

3.
rules governing procedure in contradictory matters.

If the appeal is brought by the applicant for a declaration
4.
of enforceability,
is
sought shall be summoned to appear before the appellate
court. If such person fails to appear, the provisions of Article
18 shall apply.

the party against whom enforcement

is

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

is habitually resident

sought

Article 39

Courts of appeal and means of contest

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

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

An applicant may request partial enforcement of a

2.
judgment.

Article 42

Documents

A party seeking or contesting recognition or applying for

1.
a declaration of enforceability shall produce:

(a) a copy of

the judgment which satisfies the conditions

necessary to establish its authenticity;

and

(b) a certificate referred to in Article 44.

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

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

Article 40

Stay of proceedings

or

1.
The court with which the appeal is lodged under Articles
38 or 39 may, on the application of the party against whom

(b) any document indicating that the defendant has accepted

the judgment unequivocally.

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Article 43

Absence of documents

If the documents specified in Article 42(1) point (b) or (2)
the court may specify a time for their
it considers
information before it, dispense with

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

it has sufficient

if

Member State shall be recognised and enforced in all other
Member States without any special procedure being required
if the judgment fulfils the procedural requirements and has
been certified in the Member State of origin in accordance
with paragraph 2 of this Article.

The court of origin shall issue the certificate referred to in

2.
paragraph 1 only if:

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

(a) the judgment was not given in default of appearance;

and

Article 44

Certificate concerning judgments in matrimonial matters
and certificate concerning judgments on parental
responsibility

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

(b) the child was given an opportunity to be heard, unless a
hearing was considered inappropriate having regard to his
or her age or degree of maturity.

The certificate is issued by the court of origin at the request of
a holder of rights of access and using the standard form in
Annex VI (certificate concerning rights of access).

It shall be completed in the language of the judgment.

S e c t i o n 3

Enforcement concerning rights of access and the return of a
child

Article 47

Return of the child

Article 45

Scope

1.

This Section shall apply to:

(a) rights of access granted to one of the parents of a child

and

(b) the return of a child entailed by a judgment on custody

given pursuant to Article 24, paragraph 3.

The provisions of this Section shall not prevent a holder
2.
of parental
responsibility from seeking recognition and
enforcement in accordance with the provisions in Sections 1
and 2 of this Chapter.

1.
The return of a child referred to in Article 45, paragraph
1, point (b) entailed by an enforceable judgment given in a
Member State shall be recognised and enforced in all other
Member States without any special procedure being required
if the judgment fulfils the procedural requirements and has
been certified in the Member State of origin in accordance
with paragraph 2 of this Article.

2.
The court of origin shall issue the certificate referred to in
paragraph 1 only if the child was given an opportunity to be
heard, unless a hearing was considered inappropriate having
regard to his or her age or degree of maturity.

The court of origin shall
its own
initiative and using the standard form in Annex VII (certificate
concerning return).

issue that certificate at

The certificate shall be completed in the language of
judgment.

the

Article 46

Rights of access

Article 48

Appeal

1.
The rights of access referred to in Article 45, paragraph
1, point (a) granted in an enforceable judgment given in a

No appeal shall lie against the issuing of a certificate pursuant
to Articles 46(1) or 47(1).

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Article 49

Documents

A party seeking enforcement of a judgment

1.
produce:

shall

(a) a copy of

the judgment which satisfies the conditions

necessary to establish its authenticity;

and

(b) the certificate referred to in Article 46(1) or Article 47(1).

2.
For the purposes of this Article, the certificate referred to
in Article 46(1) shall be accompanied, where necessary, by a
translation of its point 10 relating to the arrangements for
exercising the rights of access.

The translation shall be into the official language or one of the
official languages of the Member State of enforcement or any
other language that the Member State of enforcement expressly
accepts. The translation shall be certified by a person qualified
to do so in one of the Member States.

No translation of the certificate referred to in Article 47(1) shall
be required.

expenses shall be entitled, in the procedures provided for in
Articles 26, 33 and 51 to benefit from the most favourable
legal aid or the most extensive exemption from costs and
expenses provided for by the law of the Member State of
enforcement.

Article 53

Security, bond or deposit

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

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

State in which enforcement is sought; or

(b) that he or she is either a foreign national or, where
enforcement is sought in either the United Kingdom or
Ireland, does not have his or her ‘domicile’
in either of
those Member States.

S e c t i o n 4

Other provisions

Article 50

Enforcement procedure

The enforcement procedure is governed by the law of the
Member State of enforcement.

Article 51

Practical arrangements for the exercise of rights of access

1.
The courts of the Member State of enforcement may
make practical arrangements for organising the exercise of
rights of access, if the necessary arrangements have not been
made in the judgment of the Member State having jurisdiction
as to the substance of the matter and provided the essential
elements of this judgment are respected.

2.
The practical arrangements made pursuant to paragraph
1 shall cease to apply pursuant to a later judgment by the
courts of
the Member State having jurisdiction as to the
substance of the matter.

Article 52

Legal aid

An applicant who, in the Member State of origin, has benefited
from complete or partial legal aid or exemption from costs or

Article 54

Legalisation or other similar formality

No legalisation or other similar formality shall be required in
respect of the documents referred to in Articles 42, 43 and 49
or in respect of a document appointing a representative ad
litem.

CHAPTER V

COOPERATION BETWEEN CENTRAL AUTHORITIES

Article 55

Designation

Each Member State shall designate a central authority to assist
with the application of this Regulation.

In addition to the central authority designated pursuant to
paragraph 1, a Member State where two or more systems of
law or sets of rules concerning matters governed by this Regu-
lation apply in different territorial units may designate one
authority for each territorial unit and specify their territorial
competence. In these cases, communications may be sent either
directly to the territorially competent authority, or to the
central authority, which shall be responsible for forwarding
them to the territorially competent authority and informing
the sender thereof.

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Article 56

General functions

Article 58

Working method

The central authorities shall establish an information system on
laws and procedures and take general measures for
national
improving the application of this Regulation and strengthening
their cooperation,
including developing cross-border coop-
eration mechanisms on mediation.

For this purpose the European Judicial Network in civil and
commercial matters created by Decision 2001/470/EC shall be
used.

1.
A holder of parental responsibility may submit a request
for assistance to the central authority of the Member State of
his or her habitual residence, or to the central authority of the
Member State where the child is habitually resident or present.
If the request for assistance makes reference to a judgment
the holder of parental
given pursuant
responsibility shall attach the relevant certificates provided
for in Articles 44, 46(1) or 47(1).

to this Regulation,

Article 57

Cooperation on specific cases

The central authorities shall cooperate on specific cases,
in
particular for the purpose of ensuring the effective exercise
of parental responsibility over a child. To this end,
they
shall, acting directly or through public authorities or other
bodies in accordance with their laws:

(a) exchange information:

(i) on the situation of the child,

(ii) on any procedures under way, or

(iii) on decisions taken concerning the child;

(b) make recommendations, as appropriate, in particular with a
view to coordinate a protective measure taken in the
Member State where the child is present with a decision
taken in the Member State that has jurisdiction as to the
substance of the matter;

(c) take all necessary measures for locating and returning the
child, including instituting proceedings to this end pursuant
to Articles 22 to 24;

(d) provide information and assistance to holders of parental
responsibility seeking to recognise and enforce decisions on
their territory, in particular concerning rights of access and
the return of the child;

(e) support communications between courts, in particular for
the purpose of transferring a case pursuant to Article 15 or
deciding in cases of child abduction pursuant to Articles 22
to 24;

and

(f) promote agreement between holders of parental responsi-
bility through mediation or other means, and organise
cross-border cooperation to this end.

State

the
communicate
Each Member
2.
Commission the official
language(s) of the European Union
other than its own which it can accept for communications
to the central authorities.

shall

to

The

3.
pursuant to Article 57 shall be free of charge.

assistance provided by the

central

authorities

4.

Each central authority shall bear its own costs.

Article 59

Meetings

The Commission shall convene meetings of central authorities,
using the European Judicial Network in civil and commercial
matters created by Decision 2001/470/EC.

CHAPTER VI

RELATIONS WITH OTHER INSTRUMENTS

Article 60

Relation with other instruments

Subject to the provisions of Article 63 and paragraph 2
1.
of this Article, this Regulation shall, for the Member States,
supersede conventions existing at the time of entry into force
of this Regulation which have been concluded between two or
more Member States and relate to matters governed by this
Regulation.

and

Finland,

2. (a) Finland and Sweden shall have the option of declaring
the Convention of 6 February 1931 between
that
Denmark,
Sweden
Iceland, Norway
comprising international private law provisions on
marriage, adoption and guardianship, together with the
Final Protocol thereto, will apply, in whole or in part, in
their mutual relations, in place of the rules of this Regu-
lation. Such declarations shall be annexed to this Regu-
lation and published in the Official Journal of the European
Communities. They may be withdrawn,
in whole or in
part, at any moment by the said Member States.

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(b) The principle of non-discrimination on the grounds of
the Union shall be

nationality between citizens of
respected.

(f)

the Hague Convention of 19 October 1996 on Jurisdiction,
Applicable law, Recognition, Enforcement and Cooperation
in Respect of Parental Responsibility and Measures for the
Protection of Children.

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

(d) Judgments handed down in any of the Nordic States
which have made the declaration provided for
in
subparagraph (a) under a forum of jurisdiction corre-
sponding to one of those laid down in Chapters II and
III of this Regulation, shall be recognised and enforced
in the other Member States under the rules laid down in
Chapter IV of this Regulation.

3. Member States shall send to the Commission:

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

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

or uniform laws.

Article 61

Relations with certain multilateral conventions

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

(a) the Hague Convention of 5 October 1961 concerning the
Powers of Authorities and the Law Applicable in respect of
the Protection of Minors;

(b) the Luxembourg Convention of 8 September 1967 on the
Recognition of Decisions Relating to the Validity of
Marriages;

(c) the Hague Convention of 1 June 1970 on the Recognition

of Divorces and Legal Separations;

(d) the European Convention of 20 May 1980 on Recognition
and Enforcement of Decisions concerning Custody of
Children and on Restoration of Custody of Children;

(e) the Hague Convention of 25 October 1980 on the Civil

Aspects of International Child Abduction;

and

Article 62

Treaties with the Holy See

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

2.
Any decision as to the invalidity of a marriage taken
under the Treaty referred to in paragraph 1 shall be recognised
in the Member States on the conditions laid down in Chapter
IV, Section 1.

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

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

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

of 3 January 1979.

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

5. Member States shall send to the Commission:

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

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

CHAPTER VII

TRANSITIONAL PROVISIONS

Article 63

1.
The provisions of this Regulation shall apply only to legal
proceedings instituted, to documents formally drawn up or
registered as authentic instruments and to settlements that
have been approved by a court in the course of proceedings
after its date of application in accordance with Article 71.

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this
Judgments given after the date of application of
2.
Regulation in proceedings instituted before that date but after
the date of entry into force of Regulation (EC) No 1347/2000
shall be recognised and enforced in accordance with the
provisions of Chapter IV of this Regulation if jurisdiction was
founded on rules which accorded with those provided for
either in Chapters II or III of this Regulation or in Regulation
(EC) No 1347/2000 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.

(c) any reference to the authority of a Member State shall refer
to the authority of a territorial unit within that State which
is concerned;

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

Judgments given before the date of application of this
3.
Regulation in proceedings instituted after the entry into force
of Regulation (EC) No 1347/2000 shall be recognised and
enforced in accordance with the provisions of Chapter IV of
this Regulation provided they relate to divorce, legal separation
the
or marriage annulment or parental
children of both spouses on the occasion of these matrimonial
proceedings.

responsibility for

4.
Judgments given before the date of application of this
Regulation but after the date of entry into force of Regulation
(EC) No 1347/2000 in proceedings instituted before the date of
entry into force of Regulation (EC) No 1347/2000 shall be
recognised and enforced in accordance with the provisions of
Chapter IV of this Regulation provided they relate to divorce,
legal separation or marriage annulment or parental responsi-
bility for the children of both spouses on the occasion of these
matrimonial proceedings and that jurisdiction was founded on
rules which accorded with those provided for either
in
Chapters II or III of this Regulation or in Regulation (EC)
No 1347/2000 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 VIII

FINAL PROVISIONS

Article 64

Member States with two or more legal systems

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

(a) any reference to habitual residence in that Member State

shall refer to habitual residence in a territorial unit;

(b) any reference to nationality, or in the case of the United
to the territorial unit

Kingdom ‘domicile’,
designated by the law of that State;

shall

refer

Article 65

Information on central authorities and languages

The Member States shall communicate to the Commission
within three months following the entry into force of this
Regulation

(a) the names, addresses and means of communication for the
central authorities designated pursuant to Article 55;

(b) the languages accepted for communications to central auth-

orities pursuant to Article 58, paragraph 2;

and

(c)

the languages accepted for the certificate concerning rights
of access pursuant to Article 49, paragraph 2.

The Member States shall communicate to the Commission any
changes to this information.

The Commission shall make this information publicly available.

Article 66

Amendments to Annexes I, II and III

The Member States shall notify the Commission of the texts
amending the lists of courts and redress procedures in Annexes
I to III.

The Commission shall
accordingly.

adapt

the Annexes

concerned

Article 67

Amendments to Annexes IV to VII

Any amendments to the standard forms in Annexes IV to VII
shall be adopted in accordance with the procedure set out in
Article 68(2).

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Article 68

Committee

The Commission shall be assisted by a committee
the Member States and

1.
representatives of
composed of
chaired by the representatives of the Commission.

2. Where reference is made to this paragraph, the advisory
procedure laid down in Article 3 of Decision 1999/468/EC
shall apply, in compliance with Article 7(3) thereof.

3.

The committee shall adopt its rules of procedure.

‘2.

if

in matters relating to maintenance, in the courts for the
is domiciled or
place where the maintenance creditor
is ancillary to
habitually resident or,
the matter
proceedings concerning the status of a person,
in the
court which, according to its own law, has jurisdiction to
entertain those proceedings, unless that jurisdiction is based
solely on the nationality of one of the parties, or, if the
is ancillary to proceedings concerning parental
matter
responsibility,
in the court which according to Council
Regulation (EC) No . . . (on jurisdiction and the recognition
and enforcement of judgments in matrimonial matters and
in matters of parental responsibility) (*), has jurisdiction to
entertain those proceedings

Article 69

Repeal of Regulation (EC) No 1347/2000

(*) OJ L . . .’

1.
Regulation (EC) No 1347/2000 shall be repealed as from
the date of application of this Regulation in accordance with
Article 71.

2.
Any reference to Regulation (EC) No 1347/2000 shall be
construed as a reference to this Regulation according to the
comparative table in Annex VIII.

Article 70

Article 71

Entry into force

This Regulation shall enter into force on 1 July 2003.

The Regulation shall apply from 1 July 2004, with the
exception of Article 65, which shall apply from 1 July 2003.

Amendment of Regulation (EC) No 44/2001

Article 5, point 2 of Regulation (EC) No 44/2001 shall be
replaced by the following:

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

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ANNEX I

The applications provided for by Articles 26 and 33 shall be submitted to the following courts:

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

— in Germany:

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

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

‘Oberlandesgericht’

— in Greece, the ‘Μονοµελές Πρωτοδικείο’,

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

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

— in Ireland, the High Court,

— in Italy, the ‘Corte d'apello’,

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

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

— in Austria, the ‘Bezirksgericht’,

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

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

— in Sweden, the ‘Svea hovrätt’,

— in the United Kingdom:

(a)

in England and Wales, the High Court of Justice;

(b) in Scotland, the Court of Session;

(c)

in Northern Ireland, the High Court of Justice;

(d) in Gibraltar, the Supreme Court.

ANNEX II

The appeal provided for by Article 38 shall be lodged with the courts listed below:

— in Belgium:

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

beroep’;

(b) the person against whom enforcement

is sought may lodge opposition with the ‘Tribunal de première

instance’/‘rechtbank van eerste aanleg’/‘erstinstanzliches Gericht’,

— in Germany, the ‘Oberlandesgericht’,

— in Greece, the ‘Εφετείο’,

— in Spain, the ‘Audiencia Provincial’,

— in France, the ‘Cour d'appel’,

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— in Ireland, the High Court,

— in Italy, the ‘Corte d'appello’,

— Luxembourg, the ‘Cour d'appel’,

— in the Netherlands:

(a)

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

(b) if the respondent who has been granted leave not to appear lodges the appeal: with the ‘arrondissements-

rechtbank’,

— in Austria, the ‘Bezirksgericht’,

— in Portugal, the ‘Tribunal da Relação’,

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

— in Sweden, the ‘Svea hovrätt’,

— in the United Kingdom:

(a)

in England and Wales, the High Court of Justice;

(b) in Scotland, the Court of Session;

(c)

in Northern Ireland, the High Court of Justice;

(d) in Gibraltar, the Court of Appeal.

ANNEX III

The appeals provided for by Article 39 may be brought only:

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

— in Germany, by a ‘Rechtsbeschwerde’,

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

— in Austria, by a ‘Revisionsrekurs’,

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

— in Finland, by an appeal to ‘korkein oikeus’/‘högsta domstolen’,

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

— in the United Kingdom, by a single further appeal on a point of law.

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ANNEX IV

Certificate referred to in Article 44 concerning judgments in matrimonial matters

1. Country of origin

2. Court or authority issuing the certificate

2.1. Name

2.2. Address

2.3. Tel./fax/E-mail

3. Marriage

3.1. Wife

3.1.1. Full name

3.1.2. Country and place of birth

3.1.3. Date of birth

3.2. Husband

3.2.1. Full name

3.2.2. Country and place of birth

3.2.3. Date of birth

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

3.3.1. Country of marriage

3.3.2. Place of marriage (where available)

3.3.3. Date of marriage

4. Court which delivered the judgment

4.1. Name of Court

4.2. Place of Court

5. Judgment

5.1. Date

5.2. Reference number

5.3. Type of judgment

5.3.1. Divorce

5.3.2. Marriage annulment

5.3.3. Legal separation

5.4. Was the judgment given in default of appearance?

5.4.1. No

5.4.2. Yes (1)

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

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

7.1. No

7.2. Yes

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

8.1. Divorce

8.2. Legal separation

Done at . . ., date . . . Signature and/or stamp

(1) Documents referred to in Article 42(2) must be attached.

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Certificate referred to in Article 44 concerning judgments on parental responsibility

ANNEX V

1. Country of origin

2. Court or authority issuing the certificate

2.1. Name

2.2. Address

2.3. Tel./Fax/E-mail

3. Holders of parental responsibility

3.1. Mother

3.1.1. Full name

3.1.2. Date and place of birth

3.2. Father

3.2.1. Full name

3.2.2. Date and place of birth

3.3. Other

3.3.1. Full name

3.3.2. Date and place of birth

4. Court which delivered the judgment

4.1. Name of Court

4.2. Place of Court

5. Judgment

5.1. Date

5.2. Reference number

5.3. Was the judgment given in default of appearance?

5.3.1. No

5.3.2. Yes (1)

6. Children who are covered by the judgment (2)

6.1. Full name and date of birth

6.2. Full name and date of birth

6.3. Full name and date of birth

6.4. Full name and date of birth

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

8. Attestation of enforceability and service

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

8.1.1. Yes

8.1.2. No

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

8.2.1. Yes

8.2.1.1. Full name of the party

8.2.1.2. Date of service

8.2.2. No

Done at . . ., date . . . Signature and/or stamp

(1) Documents referred to in Article 42(2) must be attached.
(2) If more than four children are covered, use a second form.

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ANNEX VI

Certificate referred to in Article 46(1) concerning judgments on rights of access

1. Country of origin

2. Court or authority issuing the certificate

2.1. Name

2.2. Address

2.3. Tel./Fax/E-mail

3. Parents

3.1. Mother

3.1.1. Full name

3.1.2. Date and place of birth

3.2. Father

3.2.1. Full name

3.2.2. Date and place of birth

4. Court which delivered the judgment

4.1. Name of Court

4.2. Place of Court

5. Judgment

5.1. Date

5.2. Reference number

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

6.1. Full name and date of birth

6.2. Full name and date of birth

6.3. Full name and date of birth

6.4. Full name and date of birth

7. The judgment is enforceable according to the law of the Member State of origin &

8. The judgment was not given in default of appearance &

9. The children were given an opportunity to be heard, unless a hearing was considered inappropriate having regard

to their age or degree of maturity &

10. Arrangements for the exercise of rights of access

10.1. Date

10.2. Place

10.3. Specific obligations on holders of parental responsibility for picking up/returning the children

10.3.1. Responsibility for transport costs

10.3.2. Other

10.4. Any restrictions attached to the exercise of rights of access

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

Done at . . ., date . . . Signature and/or stamp

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

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ANNEX VII

Certificate referred to in Article 47(1) concerning return

1. Country of origin

2. Court or authority issuing the certificate

2.1. Name

2.2. Address

2.3. Tel./Fax/E-mail

3. Holders of parental responsibility

3.1. Mother

3.1.1. Full name

3.1.2. Date and place of birth

3.2. Father

3.2.1. Full name

3.2.2. Date and place of birth

3.3. Other

3.3.1. Full name

3.3.2. Date and place of birth

4. Court which delivered the judgment

4.1. Name of Court

4.2. Place of Court

5. Judgment

5.1. Date

5.2. Reference number

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

6.1. Full name and date of birth

6.2. Full name and date of birth

6.3. Full name and date of birth

6.4. Full name and date of birth

7. The children were given an opportunity to be heard, unless a hearing was considered inappropriate having regard

to their age or degree of maturity &

8. The judgment entails the return of the children &

9. Person who has custody over the children

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

Done at . . ., date . . . Signature and/or stamp

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

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ANNEX VIII

Comparative table with Regulation (EC) No 1347/2000

Articles repealed

Corresponding articles of new text

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Annex I
Annex II
Annex III
Annex IV
Annex V

1, 2
5
12

6
7
8
9
17
18
16, 19
20
2, 26
26
27, 28

29
30
31
32
33
26, 34
35
36
37
38
39
40
41
52
53
42
44
43
54
60
61

62
64
63

66, 67
68
71
Annex I
Annex II
Annex III
Annex IV
Annex V