Commission Regulation (EC) No 1496/2002 of 21 August 2002 amending Annex I (the rules of jurisdiction referred to in Article 3(2) and Article 4(2)) and Annex II (the list of competent courts and authorities) to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters
Date: 2002-08-21
Institutions: European Commission
Subjects: EU Member State, EU national, civil law, commercial law, jurisdiction, mutual recognition principle

22.8.2002

EN

Official Journal of the European Communities

L 225/13

COMMISSION REGULATION (EC) No 1496/2002

of 21 August 2002

amending Annex I (the rules of jurisdiction referred to in Article 3(2) and Article 4(2)) and Annex
II (the list of competent courts and authorities) to Council Regulation (EC) No 44/2001 on jurisdic-
tion and the recognition and enforcement of judgements in civil and commercial matters

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 44/2001 of 22
December 2000 on jurisdiction and the recognition and enfor-
cement of judgements in civil and commercial matters (1), and
in particular Articles 3(2), 4(2), 44 and 74 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

According to Article 3(1) of the Regulation (EC) No 44/
2001, persons domiciled in a Member State may only be
sued in the courts of another Member State by virtue of
the rules set out in sections 2 to 7 of Chapter II on juris-
diction; according to Article 3(2), in particular the rules
of jurisdiction set out in Annex I shall not be applicable
as against them.

Therefore, if a rule referred to in Annex I is abolished in
a Member State, the content of the list should be modi-
fied accordingly.

An application for a declaration of enforceability of a
judgment given in a Member State and enforceable in
that State, in another Member State, should be submitted
to the competent authorities listed in Annex II to Regula-
tion (EC) No 44/2001.

Articles 38 et seq. and 57(4) of Regulation (EC) No 44/
2001 allow that an application for a declaration of
instrument may be
enforceability of an authentic
submitted to notaries as competent authorities.

Article 74 of Regulation (EC) No 44/2001 provides that
Member States should notify the Commission of texts
amending the list of competent authorities set out in
Annexes I to IV.

The Netherlands has notified the Commission of an
amendment to the rules of jurisdiction set in Annex I

and to the list of competent courts and authorities set
out in Annex II and Germany has notified the Commis-
sion of an amendment to the list of competent courts
and authorities set out in Annex II; therefore, Regulation
(EC) No 44/2001 should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

In Annex I to Regulation (EC) No 44/2001, the eighth indent
concerning the Netherlands, shall be deleted.

Article 2

In Annex II to Regulation (EC) No 44/2001, ‘in Germany the
presiding Judge of a chamber of the “Landgericht”’ shall be
replaced by the following:

‘in Germany:

(a) the presiding Judge of a chamber of the “Landgericht”;

(b) a notary (“…”) in a procedure of declaration of enforce-

ability of an authentic instrument.’

Article 3

In Annex II to Regulation (EC) No 44/2001, ‘in the Netherlands,
the presiding Judge of the “arrondissementsrechtbank”’ shall be
replaced by the following:

‘in the Netherlands,
rechtbank”.’

the “voorzieningenrechter van de

Article 4

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Communities.

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

Done at Brussels, 21 August 2002.

For the Commission

António VITORINO

Member of the Commission

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