Commission Regulation (EC) No 2245/2004 of 27 December 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: 2004-12-27
Institutions: European Commission
Subjects: EU Member State, EU national, civil law, commercial law, jurisdiction, mutual recognition principle

L 381/10

EN

Official Journal of the European Union

28.12.2004

COMMISSION REGULATION (EC) No 2245/2004

of 27 December 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

(1)

(2)

(3)

(4)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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

Whereas:

Annex I to 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 Regulation (EC) No 44/2001
were amended by the 2003 Act of Accession so as to
the lists of
include the rules of national
courts or
redress
the
competent
procedures of the acceding States.

jurisdiction,

authorities

and

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

(b) the indent
following:

relating to Slovenia is

replaced by the

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

Procedure Act

Law and

(c) the indent
following:

relating to Slovakia is

replaced by the

‘— in Slovakia: Articles 37 to 37e of 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”,

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

HAS ADOPTED THIS REGULATION:

(b) the “président de
in the

notaires”
declaration of
authentic instrument.’;

la chambre départementale des
case of
a
a notarial
enforceability

application for

of

Article 1

(b) the indent
following:

relating to Slovenia is

replaced by the

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

1. Annex I is amended as follows:

(a) the indent relating to Latvia is replaced by the following:

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

Act of Accession.

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

(c) the indent
following:

relating to Slovakia is

replaced by the

‘— in Slovakia, the “okresný súd”.’;

28.12.2004

EN

Official Journal of the European Union

L 381/11

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.’;

relating to Lithuania is

(b) the indent
following:
‘— in Lithuania, the “Lietuvos apeliacinis teismas”,’;

replaced by the

relating to Slovenia is

(c) the indent
following:
‘— in Slovenia, the “okrožno sodišče”,’;

replaced by the

(a) the indent
following:

relating to Lithuania is

replaced by the

‘— in Lithuania, an appeal to the “Lietuvos Aukščiau-

siasis 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 Slovakia is

replaced by the

‘— in Slovakia, the “dovolanie”.’

Article 2

relating to Slovakia is

(d) the indent
following:
‘— in Slovakia, the “okresný súd”.’;

replaced by the

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, 27 December 2004.

For the Commission

José Manuel BARROSO
President