Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000
Date: 2003-11-27
Institutions: Council of the European Union
Subjects: civil procedure, divorce, enforcement of ruling, judicial cooperation in civil matters in the EU, judicial separation, jurisdiction, matrimonial law, parental responsibility, private international law

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2201/2003

of 27 November 2003

concerning jurisdiction and the recognition and enforcement of

judgments in matrimonial

matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000

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 (1),

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

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

Whereas:

(1)

(2)

(3)

freedom, security and justice,

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

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

judicial decisions as

recognition of

Council Regulation (EC) No 1347/2000 (4) sets out
rules on jurisdiction, recognition and enforcement of
in matrimonial matters and matters of
judgments
parental responsibility for the children of both spouses
of
rendered
the matrimonial
proceedings. The
this Regulation was
substantially taken over from the Convention of 28 May
1998 on the same subject matter (5).

occasion
content of

the

on

(1) OJ C 203 E, 27.8.2002, p. 155.
(2) Opinion delivered on 20 September 2002 (not yet published in the

Official Journal).

(3) OJ C 61, 14.3.2003, p. 76.
(4) OJ L 160, 30.6.2000, p. 19.
(5) At the time of the adoption of Regulation (EC) No 1347/2000 the
Council
the explanatory report concerning that
Convention prepared by Professor Alegria Borras (OJ C 221,
16.7.1998, p. 27).

took note of

(4)

(5)

(6)

(7)

(8)

(9)

On 3 July 2000 France presented an initiative for a
Council Regulation on the mutual enforcement of
judgments on rights of access to children (6).

covers

to ensure equality for all children,

this
In order
Regulation
parental
responsibility, including measures for the protection of
the child, independently of any link with a matrimonial
proceeding.

decisions

on

all

the

the

application of

Since
rules on parental
responsibility often arises in the context of matrimonial
is more appropriate to have a single
proceedings,
and parental
divorce
instrument
responsibility.

it
for matters of

The scope of
whatever the nature of the court or tribunal.

this Regulation covers civil matters,

As regards judgments on divorce,
legal separation or
marriage annulment, this Regulation should apply only
to the dissolution of matrimonial ties and should not
deal with issues
for divorce,
property consequences of the marriage or any other
ancillary measures.

the grounds

such as

assisting

charge of
the

As regards the property of the child, this Regulation
should apply only to measures for the protection of the
child, i.e. (i) the designation and functions of a person
child's property,
or body having
the
and (ii)
representing or
administration, conservation or disposal of the child's
property.
for
instance, apply in cases where the parents are in dispute
as regards the administration of the child's property.
Measures relating to the child's property which do not
concern the protection of the child should continue to
be governed by Council Regulation (EC) No 44/2001 of

this Regulation should,

In this context,

the
child,

(6) OJ C 234, 15.8.2000, p. 7.

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22 December 2000 on jurisdiction and the recognition
and enforcement of judgments in civil and commercial
matters (1).

(10)

This Regulation is not
intended to apply to matters
relating to social security, public measures of a general
nature in matters of education or health or to decisions
on the right of asylum and on immigration. In addition
it does not apply to the establishment of parenthood,
since this is a different matter from the attribution of
parental responsibility, nor to other questions linked to
it does not apply to
the status of persons. Moreover,
measures
criminal offences
taken as
committed by children.

result of

a

(16)

(17)

(11) Maintenance obligations are excluded from the scope of
this Regulation as these are already covered by Council
Regulation No 44/2001. The courts having jurisdiction
under this Regulation will generally have jurisdiction to
rule on maintenance obligations by application of
Article 5(2) of Council Regulation No 44/2001.

(12)

(13)

(14)

The grounds of
jurisdiction in matters of parental
responsibility established in the present Regulation are
shaped in the light of the best interests of the child, in
particular on the criterion of proximity. 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
of parental
responsibility.

agreement

between

holders

the

In the interest of the child, this Regulation allows, by
way of exception and under certain conditions, that the
court having jurisdiction may transfer a case to a court
of another Member State if this court is better placed to
hear the case. However, in this case the second court
should not be allowed to transfer the case to a third
court.

This Regulation should have effect without prejudice to
the application of public international
law concerning
diplomatic immunities. Where jurisdiction under this
the
Regulation cannot be exercised by reason of
existence of diplomatic immunity in accordance with
jurisdiction should be exercised in
international
accordance with national
law in a Member State in
which the person concerned does not enjoy such
immunity.

law,

documents

commercial
in
extrajudicial
matters (2) should apply to the service of documents in
proceedings instituted pursuant to this Regulation.

civil

or

This Regulation should not prevent
Member
protective measures,
persons or property situated in that State.

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

from taking provisional,

State

to

this

the Hague

Convention
to apply

In cases of wrongful removal or retention of a child, the
return of the child should be obtained without delay,
of
and
end
25 October 1980 would continue
as
complemented by the provisions of this Regulation, in
particular Article 11. The courts of the Member State to
or in which the child has been wrongfully removed or
retained should be able to oppose his or her return in
specific, duly justified cases. However, such a decision
could be replaced by a subsequent decision by the court
of the Member State of habitual residence of the child
prior to the wrongful removal or retention. Should that
judgment entail
the return
should take place without any special procedure being
required for
that
judgment in the Member State to or in which the child
has been removed or retained.

recognition and enforcement of

the return of

the child,

(18) Where a court has decided not to return a child on the
basis of Article 13 of the 1980 Hague Convention,
it
should inform the court having jurisdiction or central
authority in the Member State where the child was
habitually resident prior to the wrongful removal or
retention. Unless the court in the latter Member State
has been seised,
this court or the central authority
should notify the parties. This obligation should not
prevent the central authority from also notifying the
relevant public authorities in accordance with national
law.

(19)

(20)

The hearing of the child plays an important role in the
application of this Regulation, although this instrument
is not
to modify national procedures
applicable.

intended

The hearing of a child in another Member State may
take place under the arrangements laid down in 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 (3).

(15)

Council Regulation (EC) No 1348/2000 of 29 May 2000
judicial and
on the service in the Member States of

(21)

The recognition and enforcement of judgments given in
a Member State should be based on the principle of

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

last amended by
Commission Regulation (EC) No 1496/2002 (OJ L 225, 22.8.2002,
p. 13).

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

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trust and the grounds
mutual
should be kept to the minimum required.

for non-recognition

(22) Authentic instruments and agreements between parties
that are enforceable in one Member State should be
treated as equivalent to ‘judgments' for the purpose of
the
rules on recognition and
enforcement.

application of

the

(23)

(24)

(25)

any

the Union without

The Tampere European Council
considered in its
conclusions (point 34) that judgments in the field of
family litigation should be ‘automatically recognised
throughout
intermediate
proceedings or grounds for refusal of enforcement'. This
is why 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 should be recognised and enforceable in all
other Member States without any further procedure
being required. Arrangements for the enforcement of
such judgments continue to be governed by national
law.

The certificate issued to facilitate enforcement of the
judgment should not be subject to appeal. It should be
rectified only where there is a material error, i.e. where
it does not correctly reflect the judgment.

Central authorities should cooperate both in general
matter and in specific cases, including for purposes of
promoting the amicable resolution of family disputes, in
matters of parental responsibility. To this end central
authorities shall 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 (1).

(26)

The Commission should make publicly available and
update the lists of courts and redress procedures
communicated by the Member States.

(27)

The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (2).

(29)

(30)

the proper

the
For
Commission should review its application and propose
such amendments as may appear necessary.

this Regulation,

functioning of

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

establishing

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

(32)

(33)

Since the objectives of
this Regulation cannot be
sufficiently achieved by the Member States and can
therefore 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
In accordance with the principle of
the Treaty.
proportionality,
this
Regulation does not go beyond what is necessary in
order to achieve those objectives.

in that Article,

set out

as

This Regulation recognises the fundamental rights and
observes the principles of the Charter of Fundamental
Rights of the European Union. In particular, it seeks to
ensure respect for the fundamental rights of the child as
set out in Article 24 of the Charter of Fundamental
Rights of the European Union,

HAS ADOPTED THE PRESENT REGULATION:

CHAPTER I

SCOPE AND DEFINITIONS

Article 1

Scope

This Regulation shall apply, whatever the nature of the

1.
court or tribunal, in civil matters relating to:

(28)

This Regulation replaces Regulation (EC) No 1347/2000
which is consequently repealed.

(a) divorce, legal separation or marriage annulment;

(1) OJ L 174, 27.6.2001, p. 25.
(2) OJ L 184, 17.7.1999, p. 23.

(b) the

attribution,

exercise,

delegation,

restriction

or

termination of parental responsibility.

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The matters

2.
particular, deal with:

referred to in paragraph 1(b) may,

(a) rights of custody and rights of access;

(b) guardianship, curatorship and similar institutions;

in

4.

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

(c)

the designation and functions of any person or body
child's person or property,
having
representing or assisting the child;

charge of

the

(d) the placement of
institutional care;

the child in a foster

family or

in

(e) measures for the protection of the child relating to the
the child's

administration, conservation or disposal of
property.

3.

This Regulation shall not apply to:

(a)

establishment

the
relationship;

or

contesting

of

a

parent-child

(b) decisions on adoption, measures preparatory to adoption,

or the annulment or revocation of adoption;

(c)

the name and forenames of the child;

(d) emancipation;

(e) maintenance obligations;

(f)

trusts or succession;

5.

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

6.

7.

the term ‘Member State of enforcement' shall mean the
Member State where enforcement of
is
sought;

the judgment

the term ‘parental responsibility' shall mean all rights and
duties relating to the person or the property of a child
which are given to a natural or legal person by judgment,
by operation of law or by an agreement having legal effect.
The term shall
include rights of custody and rights of
access;

8.

the term ‘holder of parental responsibility' shall mean any
person having parental responsibility over a child;

9.

the term ‘rights of custody' shall include rights and duties
the person of a child, and in
relating to the care of
to determine the child's place of
particular
residence;

the right

10. the term ‘rights of access' shall

include in particular the
right to take a child to a place other than his or her
habitual residence for a limited period of time;

(g) measures taken as a result of criminal offences committed

by children.

11. the term ‘wrongful removal or retention' shall mean a

child's removal or retention where:

Article 2

Definitions

For the purposes of this Regulation:

1.

2.

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;

the term ‘judge' shall mean the judge or an official having
powers equivalent to those of a judge in the matters falling
within the scope of the Regulation;

3.

the term ‘Member State' shall mean all Member States with
the exception of Denmark;

is

in breach of

rights of custody acquired by
it
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;

(a)

and

(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. Custody shall be considered to be
exercised jointly when, pursuant to a judgment or by
operation of law, one holder of parental responsibility
cannot decide on the child's place of residence without
parental
consent
the
responsibility.

another

holder

of

of

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CHAPTER II

JURISDICTION

SECTION 1

Divorce, legal separation and marriage annulment

Article 3

General jurisdiction

1.
In matters
marriage annulment,
the Member State

relating to divorce,
jurisdiction shall

legal

separation or
lie with the courts of

(a)

in whose territory:

— the spouses are habitually resident, or

Article 5

Conversion of legal separation into divorce

Without prejudice to Article 3, a court of a Member State that
has given a judgment on a legal separation shall also have
jurisdiction for converting that judgment into a divorce, if the
law of that Member State so provides.

Article 6

Exclusive nature of jurisdiction under Articles 3, 4 and 5

A spouse who:

(a)

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

(b)

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

— the spouses were last habitually resident, insofar as one

of them still resides there, or

may be sued in another Member State only in accordance with
Articles 3, 4 and 5.

— the respondent is habitually resident, or

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

is habitually resident, or

Article 7

Residual jurisdiction

— 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 or her ‘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.

2.
For the purpose of this Regulation, ‘domicile' shall have
the same meaning as it has under the legal systems of the
United Kingdom and Ireland.

Article 4

Counterclaim

The court in which proceedings are pending on the basis of
Article 3 shall
a
counterclaim, insofar as the latter comes within the scope of
this Regulation.

jurisdiction to examine

also have

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

to Articles 3, 4 and 5,

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
the rules of
jurisdiction applicable in that State.

that State, avail himself of

SECTION 2

Parental responsibility

Article 8

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 seised.

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Paragraph 1 shall be subject

2.
Articles 9, 10 and 12.

to the provisions of

Article 9

Continuing jurisdiction of the child's former habitual
residence

(iii) a case before the court in the Member State where the
child was habitually resident immediately before the
wrongful
retention has been closed
pursuant to Article 11(7);

removal or

(iv) a judgment on custody that does not entail the return
of
the
the child has been issued by the courts of
Member State where the child was habitually resident
immediately before the wrongful removal or retention.

1. Where a child moves lawfully from one Member State to
another and acquires a new habitual residence there, the courts
of the Member State of the child's former habitual residence
shall, by way of exception to Article 8, retain jurisdiction
during a three-month period following the move for
the
purpose of modifying a judgment on access rights issued in
that Member State before the child moved, where the holder of
access
rights
continues to have his or her habitual residence in the Member
State of the child's former habitual residence.

to the judgment on access

rights pursuant

2.
Paragraph 1 shall not apply if the holder of access rights
referred to in paragraph 1 has accepted the jurisdiction of the
courts of
the child's new habitual
residence by participating in proceedings before those courts
without contesting their jurisdiction.

the Member State of

Article 10

Jurisdiction in cases of child abduction

In case of wrongful removal or retention of the child, the
courts of the Member State where the child was habitually
resident immediately before the wrongful removal or retention
shall retain their jurisdiction until the child has acquired a
habitual residence in another Member State and:

(a) each person,

institution or other body having rights of

custody has acquiesced in the removal or retention;

or

(b) the child has resided in that other Member State for a
period of at least one year after the person, institution or
other body having rights of custody has had or should
have had knowledge of the whereabouts of the child and
the child is settled in his or her new environment and at
least one of the following conditions is met:

should have had knowledge of

(i) within one year after the holder of rights of custody
has had or
the
whereabouts of the child, no request for return has
been lodged before the competent authorities of the
Member State where the child has been removed or is
being retained;

Article 11

Return of the child

a

to

on

deliver

judgment

1. Where a person, institution or other body having rights
of custody applies to the competent authorities in a Member
State
the
Hague Convention of 25 October 1980 on the Civil Aspects of
International Child Abduction (hereinafter ‘the 1980 Hague
Convention'), in order to obtain the return of a child that has
been wrongfully removed or retained in a Member State other
than the Member State where the child was habitually resident
immediately before
retention,
paragraphs 2 to 8 shall apply.

the wrongful

removal or

basis

the

of

2. When applying Articles 12 and 13 of the 1980 Hague
it shall be ensured that the child is given the
Convention,
opportunity to be heard during the proceedings unless this
appears inappropriate having regard to his or her age or
degree of maturity.

3.
A court to which an application for return of a child is
made as mentioned in paragraph 1 shall act expeditiously in
proceedings on the application, using the most expeditious
procedures available in national law.

Without prejudice to the first subparagraph, the court shall,
except where exceptional circumstances make this impossible,
issue its judgment no later than six weeks after the application
is lodged.

A court cannot refuse to return a child on the basis of
4.
Article 13b of the 1980 Hague Convention if it is established
that adequate arrangements have been made to secure the
protection of the child after his or her return.

A court cannot refuse to return a child unless the person
the child has been given an

5.
who requested the return of
opportunity to be heard.

(ii) a request for return lodged by the holder of rights of
custody has been withdrawn and no new request has
been lodged within the time limit set in paragraph (i);

6.
If a court has issued an order on non-return pursuant to
Article 13 of the 1980 Hague Convention, the court must
immediately either directly or through its central authority,
transmit a copy of the court order on non-return and of the

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relevant documents, in particular a transcript of the hearings
before the court,
to the court with jurisdiction or central
authority in the Member State where the child was habitually
resident immediately before the wrongful removal or retention,
as determined by national law. The court shall receive all the
mentioned documents within one month of the date of the
non-return order.

(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;

(c)

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

the court or central authority that

7.
Unless the courts in the Member State where the child
immediately before the wrongful
was habitually resident
removal or retention have already been seised by one of the
parties,
the
information mentioned in paragraph 6 must notify it to the
parties and invite them to make submissions to the court, in
accordance with national law, within three months of the date
of notification so that the court can examine the question of
custody of the child.

receives

3.
The courts of a Member State shall also have jurisdiction
in relation to parental responsibility in proceedings other than
those referred to in paragraph 1 where:

(a)

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;

Without prejudice to the rules on jurisdiction contained in this
Regulation, the court shall close the case if no submissions
have been received by the court within the time limit.

and

8.
Notwithstanding a judgment of non-return pursuant to
Article 13 of the 1980 Hague Convention, any subsequent
judgment which requires the return of the child issued by a
this Regulation shall be
court having jurisdiction under
enforceable in accordance with Section 4 of Chapter III below
in order to secure the return of the child.

Article 12

Prorogation of jurisdiction

The courts of a Member State exercising jurisdiction by
1.
virtue of Article 3 on an application for divorce,
legal
separation or marriage annulment shall have jurisdiction in
any matter relating to parental responsibility connected with
that application where:

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

relation to the child;

and

(b) the jurisdiction of the courts has been accepted expressly
or otherwise in an unequivocal manner by the spouses and
by the holders of parental responsibility, at the time the
court is seised, and is in the superior interests of the child.

The jurisdiction conferred in paragraph 1 shall cease as

2.
soon as:

(b) the jurisdiction of the courts has been accepted expressly
or otherwise in an unequivocal manner by all the parties
to the proceedings at the time the court is seised and is in
the best interests of the child.

4. Where the child has his or her habitual residence in the
territory of a third State which is not a contracting party to
the Hague Convention of 19 October 1996 on jurisdiction,
applicable law, recognition, enforcement and cooperation in
respect of parental
the
protection of children, jurisdiction under this Article shall be
deemed to be in the child's interest, in particular if it is found
impossible to hold proceedings in the third State in question.

responsibility and measures

for

Article 13

Jurisdiction based on the child's presence

1. Where a child's habitual residence cannot be established
and jurisdiction cannot be determined on the basis of
Article 12, the courts of the Member State where the child is
present shall have jurisdiction.

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

Article 14

Residual jurisdiction

(a)

the judgment allowing or
legal
divorce,
become final;

refusing the application for
separation or marriage annulment has

Where no court of a Member State has jurisdiction pursuant to
in each
Articles 8 to 13,
Member State, by the laws of that State.

jurisdiction shall be determined,

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Article 15

Transfer to a court better placed to hear the case

If the courts are not seised by that time, the court which has
been seised shall
jurisdiction in
accordance with Articles 8 to 14.

to exercise

continue

By way of exception,

the courts of a Member State
1.
having jurisdiction as to the substance of the matter may, if
they consider that a court of another Member State, with
which the child has a particular connection, would be better
placed to hear the case, or a specific part thereof, and where
this is in the best interests of the child:

The courts of that other Member State may, where due
5.
to the specific circumstances of the case, this is in the best
interests of the child, accept jurisdiction within six weeks of
their seisure in accordance with paragraph 1(a) or 1(b). In this
case, the court first seised shall decline jurisdiction. Otherwise,
the court first seised shall continue to exercise jurisdiction in
accordance with Articles 8 to 14.

(a) stay the case or the part thereof in question and invite the
parties to introduce a request before the court of that
other Member State in accordance with paragraph 4; or

(b) request a court of another Member State to assume

jurisdiction in accordance with paragraph 5.

The courts shall cooperate for

6.
Article, either directly or
designated pursuant to Article 53.

this
through the central authorities

the purposes of

2.

Paragraph 1 shall apply:

SECTION 3

(a) upon application from a party; or

Common provisions

(b) of the court's own motion; or

(c) upon application from a court of another Member State
with which the child has a particular connection,
in
accordance with paragraph 3.

A transfer made of the court's own motion or by application
of a court of another Member State must be accepted by at
least one of the parties.

3.
The child shall be considered to have a particular
connection to a Member State as mentioned in paragraph 1, if
that Member State:

(a) has become the habitual residence of the child after the

court referred to in paragraph 1 was seised; or

(b)

is the former habitual residence of the child; or

(c)

is the place of the child's nationality; or

(d)

is
the habitual
responsibility; or

residence of

a holder of parental

(e)

is the place where property of the child is located and the
case concerns measures for the protection of the child
relating to the administration, conservation or disposal of
this property.

4.
The court of the Member State having jurisdiction as to
the substance of the matter shall set a time limit by which the
seised in
courts of
accordance with paragraph 1.

that other Member State

shall be

Article 16

Seising of a Court

1.

A court shall be deemed to be seised:

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

or

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

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Article 18

Examination as to admissibility

persons or assets in that State as may be available under the
law of that Member State, even if, under this Regulation, the
court of another Member State has jurisdiction as to the
substance of the matter.

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

2.
The measures referred to in paragraph 1 shall cease to
apply when the court of the Member State having jurisdiction
under this Regulation as to the substance of the matter has
taken the measures it considers appropriate.

Article 19 of Regulation (EC) No 1348/2000 shall apply
2.
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

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

Article 19

Lis pendens and dependent actions

CHAPTER III

RECOGNITION AND ENFORCEMENT

SECTION 1

Recognition

Article 21

Recognition of a judgment

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
seised shall of its own motion stay its proceedings until such
time as the jurisdiction of the court first seised is established.

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

relating to parental

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

In particular, and without prejudice to paragraph 3, no
2.
special procedure shall be required for updating 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. Where the jurisdiction of
seised is
established, the court second seised shall decline jurisdiction in
favour of that court.

the court

first

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

Article 20

Provisional, including protective, measures

this Chapter, any
3. Without prejudice to Section 4 of
in accordance with the procedures
interested party may,
provided for in Section 2 of this Chapter, apply for a decision
that the judgment be or not be recognised.

The local jurisdiction of the court appearing in the list notified
by each Member State to the Commission pursuant to Article
68 shall be determined by the internal
law of the Member
State in which proceedings for recognition or non-recognition
are brought.

1.
In urgent cases, the provisions of this Regulation shall
not prevent the courts of a Member State from taking such
in respect of
provisional,

including protective, measures

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

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Article 22

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:

(a)

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

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

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

if

(e)

it

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

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
child provided that the later judgment fulfils the conditions
necessary for its recognition in the Member State in which
recognition is sought.

the habitual residence of

(f)

or

(g)

if the procedure laid down in Article 56 has not been
complied with.

(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

Prohibition of review of jurisdiction of the court of
origin

Article 24

(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.

The jurisdiction of the court of the Member State of origin
may not be reviewed. The test of public policy referred to in
Articles 22(a) and 23(a) may not be applied to the rules
relating to jurisdiction set out in Articles 3 to 14.

Article 23

Article 25

Grounds of non-recognition for judgments relating to
parental responsibility

Differences in applicable law

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 the proceedings or with an equivalent document
in sufficient time and in such a way as to enable that
person to arrange for his or her defence unless it
is
determined that such person has accepted the judgment
unequivocally;

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

legal

Article 26

Non-review as to substance

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

Article 27

Stay of proceedings

(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;

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.

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A court of a Member State in which recognition is
2.
sought of a judgment given in Ireland or the United Kingdom
may stay the proceedings if enforcement is suspended in the
Member State of origin by reason of an appeal.

The documents referred to in Articles 37 and 39 shall be

3.
attached to the application.

SECTION 2

Application for a declaration of enforceability

Article 28

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 only when, on the application of any interested party,
it has been registered for enforcement
the
United Kingdom.

in that part of

Article 29

Jurisdiction of local courts

1.
An application for a declaration of enforceability shall be
submitted to the court appearing in the list notified by each
Member State to the Commission pursuant to Article 68.

2.
The local jurisdiction shall be determined by reference to
the place of 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
enforcement,
the local
reference to the place of enforcement.

referred to in the

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

Article 30

Procedure

Article 31

Decision of the court

The court applied to shall give its decision without delay.
1.
Neither the person against whom enforcement is sought, nor
the child shall, at this stage of the proceedings, be entitled to
make any submissions on the application.

The application may be refused only for one of

2.
reasons specified in Articles 22, 23 and 24.

the

Under no circumstances may a judgment be reviewed as

3.
to its substance.

Article 32

Notice of the decision

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

the applicant

Article 33

Appeal against the decision

The decision on the application for a declaration of

1.
enforceability may be appealed against by either party.

2.
The appeal shall be lodged with the court appearing in
the list notified by each Member State to the Commission
pursuant to Article 68.

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

The procedure for making the application shall be

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

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.

An appeal against a declaration of enforceability must be
5.
lodged within one month of service thereof.
the party
against whom enforcement is sought is habitually resident 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.

If

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Article 34

Courts of appeal and means of contest

The judgment given on appeal may be contested only by the
proceedings referred to in the list notified by each Member
State to the Commission pursuant to Article 68.

(a)

or

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 35

Stay of proceedings

The court with which the appeal is lodged under Articles
1.
33 or 34 may, on the application of the party against whom
enforcement is sought, stay the proceedings if an ordinary
appeal has been lodged in the Member State of origin, or if the
time for such appeal has not yet expired. In the latter case, the
court may specify the time within which an appeal is to be
lodged.

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 36

Partial enforcement

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.

SECTION 3

Provisions common to Sections 1 and 2

Article 37

Documents

(b) any document indicating that the defendant has accepted

the judgment unequivocally.

Article 38

Absence of documents

If the documents specified in Article 37(1)(b) or (2) are
1.
their
not produced,
production, accept equivalent documents or, if it considers that
it has sufficient
information before it, dispense with their
production.

the court may specify a time for

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

Article 39

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

The competent court or authority of a Member State of origin
shall, at the request of any interested party, issue a certificate
using the standard form set out in Annex I
(judgments in
matrimonial matters) or in Annex II (judgments on parental
responsibility).

SECTION 4

Enforceability of certain judgments concerning rights of
access and of certain judgments which require the return of
the child

A party seeking or contesting recognition or applying for

1.
a declaration of enforceability shall produce:

Article 40

Scope

(a) a copy of

the judgment which satisfies the conditions

necessary to establish its authenticity;

1.

This Section shall apply to:

and

(b) the certificate referred to in Article 39.

(a) rights of access;

and

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:

(b) the return of a child entailed by a judgment given pursuant

to Article 11(8).

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

Article 42

Return of the child

Article 41

Rights of access

1.
The rights of access referred to in Article 40(1)(a) granted
in an enforceable judgment given in a Member State shall be
recognised and enforceable in another Member State without
the need for a declaration of enforceability and without any
possibility of opposing its recognition if the judgment has been
certified in the Member State of origin in accordance with
paragraph 2.

Even if national
operation of
court of origin may declare that
enforceable, notwithstanding any appeal.

law does not provide for enforceability by
law of a judgment granting access rights, the
shall be

the judgment

The judge of origin shall issue the certificate referred to
2.
in paragraph 1 using the standard form in Annex III
(certificate concerning rights of access) only if:

1.
The return of a child referred to in Article 40(1)(b)
entailed by an enforceable judgment given in a Member State
shall be recognised and enforceable in another Member State
the need for a declaration of enforceability and
without
the
without any possibility of opposing its recognition if
judgment has been certified in the Member State of origin in
accordance with paragraph 2.

law does not provide for enforceability by
Even if national
operation of law, notwithstanding any appeal, of a judgment
requiring the return of the child mentioned in Article 11(b)(8),
the court of origin may declare the judgment enforceable.

2.
The judge of origin who delivered the judgment referred
to in Article 40(1)(b) shall issue the certificate referred to in
paragraph 1 only if:

(a)

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;

(b) the parties were given an opportunity to be heard; and

(a) where the judgment was given in default,

the person
defaulting was served with the document which instituted
the proceedings or with an equivalent document
in
sufficient time and in such a way as to enable that person
to arrange for his or her defense, or, the person has been
served with the document but not in compliance with
these conditions, it is nevertheless established that he or
she accepted the decision unequivocally;

(c)

the court has taken into account in issuing its judgment
the reasons for and evidence underlying the order issued
pursuant to Article 13 of the 1980 Hague Convention.

that

In the event
the court or any other authority takes
measures to ensure the protection of the child after its return
to the State of habitual residence, the certificate shall contain
details of such measures.

(b) all parties concerned were given an opportunity to be

heard;

and

(c)

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 shall be completed in the language of
judgment.

the

the rights of access
the time of

involve a cross-border
3. Where
situation at
the
the judgment,
certificate shall be issued ex officio when the judgment
becomes enforceable, even if only provisionally. If the situation
subsequently acquires a cross-border character, the certificate
shall be issued at the request of one of the parties.

the delivery of

The judge of origin shall of his or her own motion issue that
certificate using the standard form in Annex IV (certificate
concerning return of the child(ren)).

The certificate shall be completed in the language of
judgment.

the

Article 43

Rectification of the certificate

The law of the Member State of origin shall be applicable

1.
to any rectification of the certificate.

No appeal shall

2.
pursuant to Articles 41(1) or 42(1).

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Article 44

Effects of the certificate

The certificate shall take effect only within the limits of the
enforceability of the judgment.

Any judgment delivered by a court of another Member
2.
State and declared to be enforceable in accordance with
Section 2 or certified in accordance with Article 41(1) or
Article 42(1)
shall be enforced in the Member State of
enforcement in the same conditions as if it had been delivered
in that Member State.

Article 45

Documents

In particular, a judgment which has been certified according to
Article 41(1) or Article 42(1) cannot be enforced if
is
irreconcilable with a subsequent enforceable judgment.

it

A party seeking enforcement of a judgment

1.
produce:

shall

Article 48

(a) a copy of

the judgment which satisfies the conditions

necessary to establish its authenticity;

Practical arrangements for the exercise of rights of access

and

(b) the certificate referred to in Article 41(1) or Article 42(1).

2.

For the purposes of this Article,

— the

certificate

shall be
accompanied by a translation of point 12 relating to the
arrangements for exercising right of access,

referred to in Article 41(1)

— the

certificate

referred to in Article 42(1)

shall be
accompanied by a translation of its point 14 relating to the
arrangements for
implementing the measures taken to
ensure the child's return.

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 or
have not sufficiently been made in the judgment delivered by
the courts 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.

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.

Article 49

Costs

SECTION 5

Authentic instruments and agreements

Article 46

Documents which have been formally drawn up or registered
as authentic instruments and are enforceable in one Member
State and also agreements between the parties
that are
enforceable in the Member State in which they were concluded
shall be recognised and declared enforceable under the same
conditions as judgments.

SECTION 6

Other provisions

Article 47

Enforcement procedure

The provisions of this Chapter, with the exception of Section
4, shall also apply to the determination of the amount of costs
and expenses of proceedings under this Regulation and to the
enforcement of any order concerning such costs and expenses.

Article 50

Legal aid

An applicant who,
in the Member State of origin, has
benefited from complete or partial legal aid or exemption from
costs or expenses shall be entitled, in the procedures provided
for in Articles 21, 28, 41, 42 and 48 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 51

Security, bond or deposit

The enforcement procedure is governed by the law of the

1.
Member State of enforcement.

No security, bond or deposit, however described, shall be
required of a party who in one Member State applies for

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enforcement of a judgment given in another Member State on
the following grounds:

directly or through public authorities or other bodies, take all
appropriate steps in accordance with the law of that Member
State in matters of personal data protection to:

(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.

(a) collect and exchange information:

(i) on the situation of the child;

(ii) on any procedures under way; or

Article 52

(iii) on decisions taken concerning the child;

Legalisation or other similar formality

No legalisation or other similar formality shall be required in
respect of the documents referred to in Articles 37, 38 and 45
or in respect of a document appointing a representative ad
litem.

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

(c)

facilitate communications between courts, in particular for
the application of Article 11(6) and (7) and Article 15;

CHAPTER IV

COOPERATION BETWEEN CENTRAL AUTHORITIES IN
MATTERS OF PARENTAL RESPONSIBILITY

(d) provide such information and assistance as is needed by

courts to apply Article 56; and

Article 53

Designation

(e)

agreement

facilitate
parental
between
responsibility through mediation or other means, and
facilitate cross-border cooperation to this end.

holders

of

Each Member State shall designate one or more central
authorities to assist with the application of this Regulation and
shall specify the geographical or functional jurisdiction of each.
Where a Member State has designated more than one central
authority, communications shall normally be sent direct to the
relevant
a
communication is
authority without
to a
jurisdiction, the latter shall be responsible for forwarding it to
the central authority with jurisdiction and informing the
sender accordingly.

jurisdiction. Where

authority with

central

central

sent

Article 54

General functions

The central authorities shall communicate information on
laws and procedures and take measures to improve
national
the application of
this Regulation and strengthening their
cooperation. For this purpose the European Judicial Network
in
by
Decision No 2001/470/EC shall be used.

commercial

matters

created

civil

and

Article 55

Cooperation on cases specific to parental responsibility

from a central
The central authorities shall, upon request
authority of another Member State or
from a holder of
parental responsibility, cooperate on specific cases to achieve
the purposes of this Regulation. To this end, they shall, acting

Article 56

Placement of a child in another Member State

1. Where a court having jurisdiction under Articles 8 to 15
contemplates the placement of a child in institutional care or
with a foster family and where such placement is to take place
in another Member State,
the central
it shall
authority or other authority having jurisdiction in the latter
State where public authority intervention in that Member State
is required for domestic cases of child placement.

first consult

2.
The judgment on placement referred to in paragraph 1
may be made in the requesting State only if the competent
consented to the
requested State has
authority of
placement.

the

3.
The procedures for consultation or consent referred to in
paragraphs 1 and 2 shall be governed by the national law of
the requested State.

4. Where the authority having jurisdiction under Articles 8
to 15 decides to place the child in a foster family, and where
such placement is to take place in another Member State and
where no public authority intervention is required in the latter
Member State for domestic cases of child placement, it shall so
authority having
inform the
jurisdiction in the latter State.

authority or other

central

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Article 57

Working method

Any holder of parental responsibility may submit, to the
1.
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, a request for
assistance as mentioned in Article 55. In general, the request
relevance to its
shall
enforcement. Where the request for assistance concerns the
recognition or
enforcement of a judgment on parental
responsibility that falls within the scope of this Regulation, the
responsibility shall attach the relevant
holder of parental
certificates provided for in Articles 39, 41(1) or 42(1).

include all available information of

2. Member States shall communicate to the Commission the
official
language or languages of the Community institutions
other than their own in which communications to the central
authorities can be accepted.

The

3.
pursuant to Article 55 shall be free of charge.

assistance provided by the

central

authorities

4.

Each central authority shall bear its own costs.

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 Regulation. Such declarations shall
be annexed to this Regulation and published in the
Official Journal of the European Union. They may be
withdrawn, in whole or in part, at any moment by
the said Member States.

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

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

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

Article 58

Meetings

3. Member States shall send to the Commission:

In order to facilitate the application of this Regulation,

1.
central authorities shall meet regularly.

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

2.
These meetings shall be convened in compliance with
Decision No 2001/470/EC establishing a European Judicial
Network in civil and commercial matters.

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

or uniform laws.

CHAPTER V

Article 60

RELATIONS WITH OTHER INSTRUMENTS

Relations with certain multilateral conventions

Article 59

Relation with other instruments

this Article,

1.
Subject
to the provisions of Articles 60, 63, 64 and
for the
paragraph 2 of
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.

this Regulation shall,

2.

(a) Finland and Sweden shall have

the option of
declaring that the Convention of 6 February 1931
Iceland, Norway and
between Denmark, Finland,
law
Sweden

international

comprising

private

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;

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(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;

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

and

(e)

the Hague Convention of 25 October 1980 on the Civil
Aspects of International Child Abduction.

Article 61

Relation with 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

As concerns the relation with the Hague Convention of 19
October 1996 on Jurisdiction, Applicable law, Recognition,
Enforcement
Parental
Responsibility and Measures for the Protection of Children, this
Regulation shall apply:

and Cooperation

in Respect

of

(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.

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

5. Member States shall send to the Commission:

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

(a) where the child concerned has his or her habitual

residence on the territory of a Member State;

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

(b) as

the

concerns

recognition and enforcement of

a
judgment given in a court of a Member State on the
the child
territory of another Member State, even if
residence on the
concerned has his or her habitual
territory of a third State which is a contracting Party to the
said Convention.

Article 62

Scope of effects

The agreements and conventions referred to in Articles
1.
59(1), 60 and 61 shall continue to have effect in relation to
matters not governed by this Regulation.

The conventions mentioned in Article 60, in particular
2.
the 1980 Hague Convention, continue to produce effects
between the Member States which are party thereto,
in
compliance with Article 60.

Article 63

Treaties with the Holy See

CHAPTER VI

TRANSITIONAL PROVISIONS

Article 64

1.
The provisions of this Regulation shall apply only to legal
proceedings instituted, to documents formally drawn up or
and to agreements
registered as
concluded between the parties after its date of application in
accordance with Article 72.

instruments

authentic

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 III of this Regulation if jurisdiction was
founded on rules which accorded with those provided for
either in Chapter II 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.

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
III, Section 1.

3.
Judgments given before the date of application of this
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 III of
this Regulation provided they relate to divorce, legal separation
or marriage annulment or parental
the
children of both spouses on the occasion of these matrimonial
proceedings.

responsibility for

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separation

Judgments given before the date of application of this
4.
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 III of this Regulation provided they relate to divorce,
legal
parental
responsibility 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 Chapter II 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.

or marriage

annulment

or

CHAPTER VII

FINAL PROVISIONS

Article 65

Review

No later than 1 January 2012, and every five years thereafter,
the Commission shall present to the European Parliament, to
the Council and to the European Economic and Social
Committee a report on the application of this Regulation on
the basis of
information supplied by the Member States.
The report shall be accompanied if need be by proposals for
adaptations.

Article 66

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:

Article 67

Information on central authorities and languages accepted

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 53;

(b) the languages accepted for communications to central

authorities pursuant to Article 57(2);

and

(c)

the languages accepted for the certificate concerning rights
of access pursuant to Article 45(2).

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

The Commission shall make this information publicly available.

Article 68

Information relating to courts and redress procedures

The Member States shall notify to the Commission the lists of
courts and redress procedures referred to in Articles 21, 29, 33
and 34 and any amendments thereto.

The Commission shall update this information and make it
publicly available through the publication in the Official Journal
of the European Union and any other appropriate means.

Article 69

Amendments to the Annexes

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

shall refer to habitual residence in a territorial unit;

Any amendments to the standard forms in Annexes I to IV
shall be adopted in accordance with the consultative procedure
set out in Article 70(2).

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

refer

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

shall

Article 70

Committee

(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;

The Commission shall be assisted by a committee

1.
(committee).

(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.

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

3.

The committee shall adopt its rules of procedure.

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Article 71

Repeal of Regulation (EC) No 1347/2000

Article 72

Entry into force

Regulation (EC) No 1347/2000 shall be repealed as from

1.
the date of application of this Regulation.

This Regulation shall enter into force on 1 August 2004.

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 V.

The Regulation shall apply from 1 March 2005, with the
exception of Articles 67, 68, 69 and 70, which shall apply
from 1 August 2004.

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

Done at Brussels, 27 November 2003.

For the Council

The President

R. CASTELLI

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CERTIFICATE REFERRED TO IN ARTICLE 39 CONCERNING JUDGMENTS IN MATRIMONIAL MATTERS (1)

ANNEX I

1. Member State 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. Address

3.1.3. Country and place of birth

3.1.4. Date of birth

3.2. Husband

3.2.1. Full name

3.2.2. Address

3.2.3. Country and place of birth

3.2.4. 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

(1) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of

judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.

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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 37(2) must be attached.

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ANNEX II

CERTIFICATE REFERRED TO IN ARTICLE 39 CONCERNING JUDGMENTS ON PARENTAL
RESPONSIBILITY (1)

1. Member State of origin

2. Court or authority issuing the certificate

2.1. Name

2.2. Address

2.3. Tel./Fax/e-mail

3.

Person(s) with rights of access

3.1.

Full name

3.2. Address

3.3. Date and place of birth (where available)

4. Holders of parental responsibility other than those mentioned under 3 (2)

4.1.

4.2.

4.3.

4.1.1.

Full name

4.1.2. Address

4.1.3. Date and place of birth (where available)

4.2.1. Full Name

4.2.2. Address

4.2.3. Date and place of birth (where available)

4.3.1. Full name

4.3.2. Address

4.3.3. Date and place of birth (where available)

5. Court which delivered the judgment

5.1. Name of Court

5.2. Place of Court

6.

Judgment

6.1. Date

6.2. Reference number

6.3. Was the judgment given in default of appearance?

6.3.1. No

6.3.2. Yes (3)

(1) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of

judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.

(2) In cases of joint custody, a person already mentioned under item 3 may also be mentioned under item 4.
(3) Documents referred to in Article 37(2) must be attached.

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

7.1.

Full name and date of birth

7.2.

Full name and date of birth

7.3.

Full name and date of birth

7.4.

Full name and date of birth

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

9. Attestation of enforceability and service

9.1.

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

9.1.1. Yes

9.1.2. No

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

9.2.1. Yes

9.2.1.1. Full name of the party

9.2.1.2. Address

9.2.1.3. Date of service

9.2.2. No

10. Specific information on judgments on rights of access where ‘exequatur'

is requested under Article 28. This

possibility is foreseen in Article 40(2).

10.1. Practical arrangements for exercise of rights of access (to the extent stated in the judgment)

10.1.1. Date and time

10.1.1.1. Start

10.1.1.2. End

10.1.2. Place

10.1.3. Specific obligations on holders of parental responsibility

10.1.4. Specific obligations on the person with right of access

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

11. Specific information for judgments on the return of the child in cases where the ‘exequatur' procedure is requested

under Article 28. This possibility is foreseen under Article 40(2).

11.1. The judgment entails the return of the child

11.2. Person to whom the child is to be returned (to the extent stated in the judgment)

11.2.1. Full name

11.2.2 Address

Done at

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

, date

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

Signature and/or stamp

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

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CERTIFICATE REFERRED TO IN ARTICLE 41(1) CONCERNING JUDGMENTS ON RIGHTS OF ACCESS (1)

ANNEX III

1. Member State of origin

2. Court or authority issuing the certificate

2.1. Name

2.2. Address

2.3. Tel./fax/e-mail

3.

Person(s) with rights of access

3.1.

Full name

3.2. Address

3.3. Date and place of birth (where available)

4. Holders of parental responsibility other than those mentioned under 3 (2) (3)

4.1.

4.2.

4.1.1.

Full name

4.1.2. Address

4.1.3. Date and place of birth (where available)

4.2.1. Full name

4.2.2. Address

4.2.3. Date and place of birth (where available)

4.3. Other

4.3.1. Full name

4.3.2. Address

4.3.3. Date and place of birth (where available)

5. Court which delivered the judgment

5.1. Name of Court

5.2. Place of Court

6.

Judgment

6.1. Date

6.2. Reference number

(1) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of

judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.

(2) In cases of joint custody, a person already mentioned under item 3 may also be mentioned in item 4.
(3) Please put a cross in the box corresponding to the person against whom the judgment should be enforced.

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

7.1.

Full name and date of birth

7.2.

Full name and date of birth

7.3.

Full name and date of birth

7.4.

Full name and date of birth

8.

Is the judgment enforceable in the Member State of origin?

8.1. Yes

8.2. No

9. Where the judgment was given in default of appearance, the person defaulting was served with the document
which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable
that person to arrange for his or her defence, or the person has been served with the document but not in
compliance with these conditions, it is nevertheless established that he or she accepted the decision unequivocally

10. All parties concerned were given an opportunity to be heard

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

to their age or degree of maturity

12. Practical arrangements for exercise of rights of access (to the extent stated in the judgment)

12.1. Date and time

12.1.1. Start

12.1.2. End

12.2. Place

12.3. Specific obligations on holders of parental responsibility

12.4. Specific obligations on the person with right of access

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

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

Done at

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

, date

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

Signature and/or stamp

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

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CERTIFICATE REFERRED TO IN ARTICLE 42(1) CONCERNING THE RETURN OF THE CHILD (1)

ANNEX IV

1. Member State of origin

2. Court or authority issuing the certificate

2.1. Name

2.2. Address

2.3. Tel./fax/e-mail

3.

Person to whom the child has to be returned (to the extent stated in the judgment)

3.1.

Full name

3.2. Address

3.3. Date and place of birth (where available)

4. Holders of parental responsibility (2)

4.1. Mother

4.1.1.

Full name

4.1.2. Address (where available)

4.1.3. Date and place of birth (where available)

4.2.

Father

4.2.1. Full name

4.2.2. Address (where available)

4.2.3. Date and place of birth (where available)

4.3. Other

4.3.1. Full name

4.3.2. Address (where available)

4.3.3. Date and place of birth (where available)

5. Respondent (where available)

5.1.

Full name

5.2. Address (where available)

6. Court which delivered the judgment

6.1. Name of Court

6.2. Place of Court

(1) Council Regulation (EC) No 2201 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments

in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.

(2) This item is optional.

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7.

Judgment

7.1. Date

7.2. Reference number

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

8.1.

Full name and date of birth

8.2.

Full name and date of birth

8.3.

Full name and date of birth

8.4.

Full name and date of birth

9. The judgment entails the return of the child

10. Is the judgment enforceable in the Member State of origin?

10.1. Yes

10.2. No

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

to their age or degree of maturity

12. The parties were given an opportunity to be heard

13. The judgment entails the return of the children and the court has taken into account in issuing its judgment the
reasons for and evidence underlying the decision issued pursuant to Article 13 of the Hague Convention of 25
October 1980 on the Civil Aspects of International Child Abduction

14. Where applicable, details of measures taken by courts or authorities to ensure the protection of the child after its

return to the Member State of habitual residence

15. 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 V

COMPARATIVE TABLE WITH REGULATION (EC) No 1347/2000

Articles repealed

Corresponding Articles of new text

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

1, 2

3

12

4

5

6

7

17

18

16, 19

20

2, 49, 46

21

22, 23

24

25

26

27

28

21, 29

30

31

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

32

33

34

35

36

50

51

37

39

38

52

59

60, 61

62

63

66

64

65

68, 69

70

72

68

68

68

Annex I

Annex II

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Declarations by Sweden and Finland pursuant to Article 59(2)(a) of the Council Regulation concerning jurisdiction and
the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, repealing
Regulation (EC) No 1347/2000.

ANNEX VI

Declaration by Sweden:

Pursuant to Article 59(2)(a) of the Council Regulation concerning jurisdiction and the recognition and enforcement
of
judgments in matrimonial matters and matters of parental responsibility, repealing Regulation (EC) No
1347/2000, Sweden hereby declares that the Convention of 6 February 1931 between Denmark, Finland, Iceland,
Norway and Sweden comprising international private law provisions on marriage, adoption and guardianship,
together with the Final Protocol thereto, will apply in full in relations between Sweden and Finland, in place of the
rules of the Regulation.

Declaration by Finland:

Pursuant to Article 59(2)(a) of the Council Regulation concerning jurisdiction and the recognition and enforcement
of
judgments in matrimonial matters and matters of parental responsibility, repealing Regulation (EC) No
1347/2000, Finland hereby declares that the Convention of 6 February 1931 between Finland, Denmark, Iceland,
Norway and Sweden comprising international private law provisions on marriage, adoption and guardianship,
together with the Final Protocol thereto, will apply in full in relations between Finland and Sweden, in place of the
rules of the Regulation.