Commission Regulation (EC) No 1937/2004 of 9 November 2004 amending Annexes I, II, III and IV to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
Date: 2004-11-09
Institutions: European Commission
Subjects: European judicial area, France, Latvia, Lithuania, Slovakia, Slovenia, accession to the European Union, appeal, civil law, commercial law, jurisdiction

10.11.2004

EN

Official Journal of the European Union

L 334/3

COMMISSION REGULATION (EC) No 1937/2004

of 9 November 2004

amending Annexes I, II, III and IV to Council Regulation (EC) No 44/2001 on jurisdiction and the
recognition and enforcement of judgments in civil and commercial matters

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(a)

the indent relating to Latvia is replaced by the following:

Having regard to the Treaty
Community,

establishing the European

‘— in Latvia: Section 27 and Paragraphs 3, 5, 6 and 9
of Section 28 of the Civil Procedure Law (Civilprocesa
likums),’;

Having regard to Council Regulation (EC) No 44/2001 of
22 December 2000 on jurisdiction and the recognition and
enforcement of judgments in civil and commercial matters (1),
and in particular Article 74 thereof,

Whereas:

Annex I to Council Regulation (EC) No 44/2001 lists the
rules of national jurisdiction. Annex II contains the lists
of courts or competent authorities that have jurisdiction
in the Member States to deal with applications for a
declaration of enforceability. Annex III lists the courts
for appeals against
such decisions, and Annex IV
enumerates the redress procedures for such purpose.

Annexes I, II, III and IV to Council Regulation (EC) No
44/2001 were amended by the 2003 Act of Accession so
as to include the rules of national jurisdiction, the lists of
courts or
redress
competent
procedures of the acceding States.

authorities

and

the

(1)

(2)

(3)

(b) the indent
following:

relating to Slovenia is

replaced by the

‘— in Slovenia: Article 48(2) of the Private International
(Zakon o medarodnem
Law and Procedure Act
in relation to Article
zasebnem pravu in postopku)
47(2) of Civil Procedure Act
(Zakon o pravdnem
postopku) and Article 58(1) of the Private Interna-
tional Law and Procedure Act (Zakon o medarodnem
zasebnem pravu in postopku)
in relation to Article
57(1) and 47(2) of Civil Procedure Act (Zakon o
pravdnem postopku),’;

(c)

the indent
following:

relating to Slovakia is

replaced by the

‘— in Slovakia: Articles 37 to 37e of

the Act
No 97/1963 on Private International Law and the
Rules of Procedure Relating Thereto.’

2. Annex II is amended as follows:

(a)

the indent relating to France is replaced by the following:

France, Latvia, Lithuania, Slovenia and Slovakia have
notified the Commission of amendments to the lists set
out in Annexes I, II, III and IV.

‘— in France:

(a)

the “greffier en chef du tribunal de grande instance”,

(4)

Regulation (EC) No 44/2001 should therefore be
amended accordingly.

HAS ADOPTED THIS REGULATION:

Article 1

(b) the “président de la chambre départementale des
a
case of
a notarial

notaires”
declaration of
authentic instrument.’;

enforceability of

application for

in the

(b) the indent
following:

relating to Slovenia is

replaced by the

Regulation (EC) No 44/2001 is amended as follows:

‘— in Slovenia, the “okrožno sodišče”,’;

1. Annex I is amended as follows:

(c)

the indent
following:

relating to Slovakia is

replaced by the

(1) OJ L 12, 16.1.2001, p. 1. Regulation as last amended by the 2003

Act of Accession.

‘— in Slovakia, the “okresný súd”,’;

L 334/4

EN

Official Journal of the European Union

10.11.2004

3. Annex III is amended as follows:

4. Annex IV is amended as follows:

(a)

the indent relating to France is replaced by the following:

‘— in France:

(a)

the “cour d’appel” on decisions allowing the appli-
cation,

(b) the presiding judge of

the “tribunal de grande
instance” on decisions rejecting the application.’;

(b) the indent
following:

relating to Lithuania is replaced by the

‘— in Lithuania, the “Lietuvos apeliacinis teismas”,’;

(a)

the indent
following:

relating to Lithuania is replaced by the

‘— in Lithuania, an appeal to the “Lietuvos Aukščiausiasis

Teismas”,’

(b) the indent
following:

relating to Slovenia is

replaced by the

‘— in Slovenia, an appeal
Republike Slovenije”,’

to the “Vrhovno sodišče

(c)

the indent
following:

relating to Slovenia is

replaced by the

(c)

the indent
following:

relating to Slovakia is

replaced by the

‘— in Slovenia, the “okrožno sodišče”,’;

‘— in Slovakia, the “dovolanie”.’

(d) the indent
following:

relating to Slovakia is

replaced by the

‘— in Slovakia, the “okresný súd”.’;

Article 2

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

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

Done at Brussels, 9 November 2004.

For the Commission

António VITORINO
Member of the Commission