Proposal for a Council Decision concerning the conclusion of the Agreement between the European Community and the Kingdom of Denmark extending to Denmark the provisions of Council Regulation (EC) No 44/2001 on jurisdiction and the recognitions and enforcement of judgments in civil and commercial matters
Date: 2005-04-15
Institutions: European Commission
Subjects: Denmark, EU Member State, EU national, civil law, commercial law, jurisdiction, mutual recognition principle, ratification of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.4.2005 
COM(2005) 145 final 

2005/0055 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the signing of the Agreement between the European Community and the 
Kingdom of Denmark extending to Denmark the provisions of Council Regulation (EC) 
No 44/2001 on jurisdiction and the recognitions and enforcement of judgments in civil 
and commercial matters 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community and the 
Kingdom of Denmark extending to Denmark the provisions of Council Regulation (EC) 
No 44/2001 on jurisdiction and the recognitions and enforcement of judgments in civil 
and commercial matters 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. Political and legal background 

Pursuant to Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty 
on the European Union and the Treaty establishing the European Community, Denmark does 
not participate in Title IV of the Treaty. As a consequence, Community instruments adopted 
in  the  field  of,  among  others,  judicial  cooperation  in  civil  matters  are  not  binding  upon  or 
applicable in Denmark. 

One of these Community instruments is Council Regulation (EC) No. 44/2001 on jurisdiction 
and  the  recognition  and  enforcement  of  judgments  in  civil  and  commercial  matters.  This 
Regulation  has  replaced  the  Brussels  Convention  of  1968  on  the  same  matter,  to  which 
Denmark  is  a  party.  The  Regulation  contains  revised  and  modernized  rules  of  the  Brussels 
Convention  and  applies  to  all  Member  States  except  Denmark;  the  United  Kingdom  and 
Ireland having exercised their right to opt in.  

The non-application of Regulation 44/2001 in Denmark results in a most unsatisfactory legal 
situation: Not only does Denmark continue to apply the old rules of the Brussels Convention, 
but also all other Member States have to apply these rules, i.e. a set of rules different from the 
one they use in their mutual relations, when it comes to the recognition and enforcement of 
Danish decisions. This constitutes a step backwards given that prior to the entry into force of 
Regulation  44/2001  the  rules  of  the  Brussels  Convention  applied  uniformly  in  all  Member 
States.  The  current  situation  therefore  jeopardizes  the  uniformity  and  legal  certainty  of  the 
Community rules.  

Denmark expressed at several occasions its interest to participate in the new regime. After in 
depth discussions, the Commission accepted to negotiate parallel agreements with Denmark, 
provided that the following conditions were fulfilled: Such a solution would have to be of an 
exceptional nature and apply for a transitional period only, the participation of Denmark in the 
Community regime would have to be fully in the interests of the Community and its citizens 
and the requirements imposed on Denmark would have to be identical to those imposed on all 
Member States, so as to ensure that rules with the same content are applied in Denmark and in 
the other Member States. 

In view of the situation outlined above, the Commission considered it to be in the Community 
interest to extend to Denmark the provisions of Regulations 44/2001 and Council Regulation 
(EC)  No  1348/2000  on  the  service  in  the  Member  States  of  judicial  and  extrajudicial 
documents in civil or commercial matters, which is closely linked to Regulation 44/2001. The 
agreement extending the provisions of Regulation 1348/2000 to Denmark is the subject matter 
of a separate Council decision.  

The  Commission  presented  on  28th  June  2002  a  recommendation  for  a  Council  Decision 
authorizing  the  Commission  to  open  negotiations  for  the  conclusion  of  two  agreements 
between  the  European  Community  and  Denmark,  extending  both  Regulation  44/2001  and 
Regulation 1348/2000 to Denmark.  

The Council decided on 8 May 2003 to exceptionally authorize the Commission to negotiate 
an agreement with Denmark with the view to make the provisions of Regulation 44/2001 as 
well  as  the  provisions  of  Regulation  1348/2000  applicable  to  Denmark  under  international 
law. 

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2. Results of the Negotiations 

The  Commission  negotiated  the  parallel  agreement  extending  to  Denmark  the  provisions  of 
Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil 
and  commercial  matters  in  accordance  with  the  Council’s  negotiating  directives,  carefully 
ensuring that rights and obligations of Denmark under this agreement correspond to rights and 
obligations of the other Member States.  

As a result, the parallel agreement contains, in particular, the following provisions:  

•  appropriate rules on the role of the Court of Justice to ensure the uniform interpretation of 
the instrument applied by the parallel agreement between Denmark and the other Member 
States; 

•  a mechanism to enable Denmark to accept future amendments by the Council to the basic 
instrument and the future  implementing measures to  be adopted under  Article  202 of  the 
EC Treaty;  

•  a  clause  providing  that  the  agreement  is  considered  terminated  if  Denmark  refuses  to 

accept such future amendments and implementing measures;  

•  rules specifying Denmark’s obligations in negotiations with third countries for agreements 

concerning matters covered by the parallel agreement; 

•  the  possibility  of  denouncing  the  parallel  agreement  by  giving  notice  to  the  other 

Contracting Party. 

3. Conclusions 

In  view  of  the  positive  outcome  of  the  negotiations,  the  Commission  recommends  that  the 
Council adopt the following two decisions: 

Firstly,  a  decision  concerning  the  signing  of  the  Agreement  between  the  European 
Community  and  the  Kingdom  of  Denmark  extending  to  Denmark  the  provisions  of 
Regulation  44/2001  on  jurisdiction  and  the  recognitions  and  enforcement  of  judgments  in 
civil and commercial matters 

Secondly,  a  decision  concerning  the  conclusion  by  the  European  Community  of  the 
Agreement  between  the  European  Community  and  the  Kingdom  of  Denmark  extending  to 
Denmark  the  provisions  of  Regulation  44/2001  on  jurisdiction  and  the  recognitions  and 
enforcement of judgments in civil and commercial matter. 

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Proposal for a 

COUNCIL DECISION 

concerning the signing of the Agreement between the European Community and the 
Kingdom of Denmark extending to Denmark the provisions of Council Regulation (EC) 
No 44/2001 on jurisdiction and the recognitions and enforcement of judgments in civil 
and commercial matters 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
61(c) and in conjunction with the first subparagraph of Article 300(2) thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

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, Denmark is not bound by the provisions of Regulation (EC) No 44/20012, 
nor subject to their application. 

By Decision of 8 May 2003, the Council authorised the Commission to negotiate an 
agreement between the European Community and the Kingdom of Denmark extending 
to Denmark the provisions of the above-mentioned Regulation.  

The  Commission  has  negotiated  such  agreement,  on  behalf  of  the  Community,  with 
the Kingdom of Denmark. 

The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the 
position  of  the  United Kingdom  and  Ireland  annexed  to  the TEU  and  the TEC,  are 
taking part in the adoption and application of this Decision. 

In accordance with Articles 1 and 2 of the above-mentioned Protocol on the position 
of  Denmark,  Denmark  is  not  taking  part  in  the  adoption  and  application  of  this 
Decision. 

(6) 

The Agreement, initialled at Brussels on 17 January 2005, should be signed. 

1 
2 

OJ C , , p. . 
OJ L 12, 16.1.2001,p1 

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HAS DECIDED AS FOLLOWS:  

Sole Article 

Subject  to  a  possible  conclusion,  the  President  of  the  Council  is  hereby  authorised  to 
designate  the  person(s)  empowered  to  sign,  on  behalf  of  the  European  Community,  the 
Agreement  between  the  European  Community  and  the  Kingdom  of  Denmark  extending  to 
Denmark the provisions of Regulation (EC) No. 44/2001 on jurisdiction and the recognition 
and enforcement of judgments in civil and commercial matters. 

Done at Brussels,  

For the Council 
The President 

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2005/0055 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community and the 
Kingdom of Denmark extending to Denmark the provisions of Council Regulation (EC) 
No 44/2001 on jurisdiction and the recognitions and enforcement of judgments in civil 
and commercial matters 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
61(c), in conjunction with the first subparagraph of Article 300(2) and the first subparagraph 
of Article 300 (3) thereof, 

Having regard to the proposal from the Commission3, 

Having regard to the opinion of the European Parliament4, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

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, Denmark is not bound by the provisions of Regulation (EC) No 44/20015, 
nor subject to their application. 

The Commission has negotiated an agreement between the European Community and 
the  Kingdom  of  Denmark  extending  to  Denmark  the  provisions  of  the  above-
mentioned Regulation.  

The Agreement was signed, on behalf of the European Community, on ………2005, 
subject to its possible conclusion at a later date, in accordance with Decision .../…/EC 
of the Council of […….]. 

The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the 
position  of  the  United Kingdom  and  Ireland  annexed  to  the TEU  and  the TEC,  are 
taking part in the adoption and application of this Decision. 

In accordance with Articles 1 and 2 of the above-mentioned Protocol on the position 
of  Denmark,  Denmark  is  not  taking  part  in  the  adoption  and  application  of  this 
Decision. 

3 
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5 

OJ C , , p. . 
OJ C , , p. . 
OJ L12,16.1.2001,p.1 

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(6) 

This Agreement should be approved. 

HAS DECIDED AS FOLLOWS:  

Article 1 

The Agreement between the European Community and the Kingdom of Denmark extending 
to  Denmark  the  provisions  of  Council  Regulation  (EC)  No  44/2001  on  jurisdiction  and  the 
recognition  and  enforcement  of  judgments  in  civil  and  commercial  matters  is  approved  on 
behalf of the Community. 

The text of the Agreement is attached to this Decision.  

Article 2 

The President of the Council is hereby authorised to designate the person empowered to make 
the notification provided for in Article 12(2) of the Agreement. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

AGREEMENT 

between the European Community and 

the Kingdom of Denmark 

on 

jurisdiction and the recognition and enforcement 

of judgments in civil and commercial matters 

THE EUROPEAN COMMUNITY, 

hereinafter referred to as “the Community”, of the one part, and  

THE KINGDOM OF DENMARK, 

hereinafter referred to as “Denmark”, of the other part, 

1. 

2. 

3. 

4. 

6 

7 
8 

DESIRING  to  unify  the  rules  of  conflict  of  jurisdiction  in  civil  and  commercial 
matters and to simplify the formalities with a view to rapid and simple recognition 
and enforcement of judgments within the Community, 

WHEREAS  the  Member  States  on  27  September  1968,  acting  under  Article  293, 
fourth  indent,  of  the  Treaty  establishing  the  European  Community,  concluded  the 
Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and 
Commercial  Matters,  as  amended  by  Conventions  on  the  Accession  of  the  New 
Member  States  to  that  Convention  (the  "Brussels  Convention").6  On  16  September 
1988  Member  States  and  EFTA  States  concluded  the  Lugano  Convention  on 
Jurisdiction  and  the  Enforcement  of  Judgments  in  Civil  and  Commercial  Matters7, 
which is a parallel Convention to the 1968 Brussels Convention. 

WHEREAS the main content of the Brussels Convention has been taken over in the 
Council  Regulation  No.  44/2001  of  22  December  2000  on  jurisdiction  and  the 
recognition  and  enforcement  of  judgments  in  civil  and  commercial  matters8  (“the 
Brussels I Regulation”), 

REFERRING to the Protocol on the position of Denmark annexed to the Treaty on 
European  Union  and  to  the  Treaty  establishing  the  European  Community  (“the 
Protocol on the position of Denmark”) pursuant to which the Brussels I Regulation 
shall not be binding upon or applicable in Denmark, 

OJ  L  299,  31.12.1972,  p.  32.  OJ  L  304,  30.10.1978,  p.  1.  OJ  L  388,  31.12.1982,  p.  1.  OJ  L  285, 
3.10.1989, p. 1. OJ C 15, 15.1.1997, p. 1. For a consolidated text, see OJ C 27, 26.1.1998, p. 1. 
OJ L 319, 25.11.1988, p. 9 
OJ L 12 , 16.1.2001, p. 1 

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5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

STRESSING  that  a  solution  to  the  unsatisfactory  legal  situation  arising  from 
differences  in  applicable  rules  on  jurisdiction,  recognition  and  enforcement  of 
judgments within the Community must be found, 

DESIRING  that  the  provisions  of  the  Brussels  I  Regulation,  future  amendments 
hereto  and  the  implementing  measures  relating  to  it  should  under  international  law 
apply to the relations between the Community and Denmark being a Member State 
with  a  special  position  with  respect  to  Title  IV  of  the  Treaty  establishing  the 
European Community, 

STRESSING  that  continuity  between  the  Brussels  Convention  and  this  Agreement 
should  be  ensured,  and  that  transitional  provisions  as  in  the  Brussels  I  Regulation 
should be applied to this agreement as well. The same need for continuity applies as 
regards the interpretation of the Brussels Convention by the Court of Justice of the 
European Communities and the 1971 Protocol9 which should remain applicable also 
to cases already pending when this Agreement enters into force, 

STRESSING that the Brussels Convention also continues to apply to the territories 
of the Member States which fall within the territorial scope of that Convention and 
which are excluded from this Agreement, 

STRESSING  the  importance  of  proper  co-ordination  between  the  Community  and 
Denmark with regard to the negotiation and conclusion of international  agreements 
that may affect or alter the scope of the Brussels I Regulation, 

STRESSING that Denmark should seek to join international agreements entered into 
by the Community where Danish participation in such agreements is relevant for the 
coherent application of the Brussels I Regulation and this Agreement, 

STATING  that  the  Court  of  Justice  of  the  European  Communities  should  have 
jurisdiction  in  order  to  secure  the  uniform  application  and  interpretation  of  this 
Agreement  including  the  provisions  of  the  Brussels  I  Regulation  and  any 
implementing Community measures forming part of this Agreement, 

REFERRING  to  the  jurisdiction  conferred  to  the  Court  of  Justice  of  the  European 
Communities  pursuant  to  Article  68(1)  of  the  Treaty  establishing  the  European 
Community  to  give  rulings  on  preliminary  questions  relating  to  the  validity  and 
interpretation of acts of the institutions of the Community based on Title IV  of  the 
Treaty,  including  the  validity  and  interpretation  of  this  Agreement,  and  to  the 
circumstance that this provision shall not be binding upon or applicable in Denmark, 
as results from the Protocol on the position of Denmark, 

CONSIDERING that the Court of Justice of the European Communities should have 
jurisdiction  under  the  same  conditions  to  give  preliminary  rulings  on  questions 
concerning  the  validity  and  interpretation  of  this  Agreement  which  are  raised  by  a 
Danish  court  or  tribunal,  and  that  Danish  courts  and  tribunals  should  therefore 
request preliminary rulings under the same conditions as courts and tribunals of other 

9 

OJ L 204, 2.8.1975, p. 28, OJ L 304, 30.10.1978, p. 1, OJ L 388, 31.12.1982, p. 1, OJ L 285, 3.10.1989, 
p. 1, OJ C 15, 15.1.1997, p. 1. For a consolidated text see OJ C 27, 26.1.1998, p. 28. 

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14. 

15. 

16. 

17. 

18. 

Member  States  in  respect  of  the  interpretation  of  the  Brussels  I  Regulation  and  its 
implementing measures, 

REFERRING  to  the  provision  that,  pursuant  to  Article  68(3)  of  the  Treaty 
establishing  the  European  Community,  the  Council  of  the  European  Union,  the 
European  Commission  and  the  Member  States  may  request  the  Court  of  Justice  of 
the  European  Communities  to  give  a  ruling  on  the  interpretation  of  acts  of  the 
institutions  of  the  Community  based  on  Title  IV  of  the  Treaty,  including  the 
interpretation of this Agreement, and the circumstance that this provision shall not be 
binding upon or applicable in Denmark, as results from the Protocol on the position 
of Denmark, 

CONSIDERING that Denmark should, under the same conditions as other Member 
States  in  respect  of  the  Brussels  I  Regulation  and  its  implementing  measures,  be 
accorded the possibility to request the Court of Justice of the European Communities 
to give rulings on questions relating to the interpretation of this Agreement, 

STRESSING  that  under  Danish  law  the  courts  in  Denmark  should  –  when 
interpreting this Agreement including the provisions of the Brussels I Regulation and 
any implementing Community measures forming part of this Agreement – take due 
account  of  the  rulings  contained  in  the  case  law  of  the  Court  of  Justice  of  the 
European  Communities  and  of  the  courts  of  the  Member  States  of  the  European 
Communities  in  respect  of  provisions  of  the  Brussels  Convention,  the  Brussels  I 
Regulation and any implementing Community measures, 

CONSIDERING  that  it  should  be  possible  to  request  the  Court  of  Justice  of  the 
European Communities to rule on questions relating to compliance with obligations 
under  this  Agreement  pursuant  to  the  provisions  of  the  Treaty  establishing  the 
European Community governing proceedings before the Court,  

WHEREAS,  by  virtue  of  Article  300(7)  of  the  Treaty  establishing  the  European 
Community,  this  Agreement  binds  Member  States;  it  is  therefore  appropriate  that 
Denmark, in the case of non-compliance by a Member State, should be able to seize 
the Commission as guardian of the Treaty, 

HAVE AGREED AS FOLLOWS: 

ARTICLE 1 

Aim 

1. 

2. 

The aim of this Agreement is to apply the provisions of Council Regulation (EC) No. 
44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement 
of  judgments  in  civil  and  commercial  matters  (“the  Brussels  I  Regulation“)  and  its 
implementing  measures  to  the  relations  between  the  Community  and  Denmark,  in 
accordance with Article 2(1). 

It  is  the  objective  of  the  Contracting  Parties  to  arrive  at  a  uniform  application  and 
interpretation  of  the  provisions  of  the  Brussels  I  Regulation  and  its  implementing 
measures in all Member States. 

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3. 

The  provisions  of  Articles  3(1),  4(1)  and  5(1)  of  this  Agreement  result  from  the 
Protocol on the position of Denmark. 

ARTICLE 2 

Jurisdiction and the recognition and enforcement of 
judgments in civil and commercial matters 

1. 

The provisions of the Brussels I Regulation, which is annexed to this Agreement and 
forms  part  thereof,  together  with  its  implementing  measures  adopted  pursuant  to 
Article 74(2) of the Regulation and – in respect of implementing measures adopted 
after the entry into force of this Agreement – implemented by Denmark as referred to 
in Article 4 of this Agreement, and the measures adopted pursuant to Article 74(1) of 
the  Regulation,  shall  under  international  law  apply  to  the  relations  between  the 
Community and Denmark. 

2. 

However,  for  the  purposes  of  this  Agreement,  the  application  of  the  provisions  of 
that Regulation shall be modified as follows: 

(a) 

Article 1(3) shall not apply. 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

Article 50 shall be supplemented by the following paragraph (as paragraph 2): 
”2. However, an applicant who requests the enforcement of a decision given by 
an administrative authority in Denmark in respect of a maintenance order may, 
in  the  Member  State  addressed,  claim  the  benefits  referred  to  in  the  first 
paragraph if he presents a statement from the Danish Ministry of Justice to the 
effect  that  he  fulfils  the  financial  requirements  to  qualify  for  the  grant  of 
complete or partial legal aid or exemption from costs or expenses.” 

Article 62 shall be supplemented by the following paragraph (as paragraph 2): 
”2.  In  matters  relating  to  maintenance,  the  expression  'court'  includes  the 
Danish administrative authorities.” 

Article  64  shall  apply  to  seagoing  ships  registered  in  Denmark  as  well  as  in 
Greece and Portugal. 

The date of entry into force of this Agreement shall apply instead of the date of 
entry  into  force  of  the  Regulation  as  referred  to  in  Articles  70(2),  72  and  76 
thereof. 

The transitional provisions of this Agreement shall apply instead of Art. 66 of 
the Regulation. 

In Annex I the following shall be added: ”in Denmark: Article 246(2) and (3) 
of the Administration of Justice Act (lov om rettens pleje)”. 

(h) 

In Annex II the following shall be added: ”in Denmark, the ‘byret’”. 

(i) 

In Annex III the following shall be added: ”in Denmark, the ‘landsret’”. 

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(j) 

In  Annex  IV  the  following  shall  be  added:  ”in  Denmark,  an  appeal  to  the 
‘Højesteret’ with leave from the ‘Procesbevillingsnævnet’”. 

ARTICLE 3 

Amendments to the Brussels I Regulation 

Denmark  shall  not  take  part  in  the  adoption  of  amendments  to  the  Brussels  I 
Regulation  and  no  such  amendments  shall  be  binding  upon  or  applicable  in 
Denmark. 

Whenever  amendments  to  the  Regulation  are  adopted  Denmark  shall  notify  the 
Commission  of  its  decision  whether  or  not  to  implement  the  content  of  such 
amendments.  Notification  shall  be  given  at  the  time  of  the  adoption  of  the 
amendments or within 30 days hereafter. 

If  Denmark  decides  that  it  will  implement  the  content  of  the  amendments  the 
notification shall indicate whether implementation can take place administratively or 
requires parliamentary approval. 

If  the  notification  indicates  that  implementation  can  take  place  administratively  the 
notification  shall,  moreover,  state  that  all  necessary  administrative  measures  enter 
into force on the date of entry into force of the amendments to the Regulation or have 
entered into force on the date of the notification, whichever date is the latest. 

If  the  notification  indicates  that  implementation  requires  parliamentary  approval  in 
Denmark the following rules shall apply: 

(a) 

(b) 

Legislative measures in Denmark shall enter into force on the date of entry into 
force  of  the  amendments  to  the  Regulation  or  within  6  months  after  the 
notification, whichever date is the latest; 

Denmark  shall  notify 
implementing legislative measures enter into force. 

the  Commission  of 

the  date  upon  which 

the 

A Danish notification that the content of the amendments has been implemented in 
Denmark, cf. paragraph 4 and 5, creates mutual obligations under international law 
between Denmark and the Community. The amendments to the Regulation shall then 
constitute amendments to this Agreement and shall be considered annexed hereto. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

In case: 

(a) 

(b) 

(c) 

Denmark notifies its decision not to implement the content of the amendments; 
or 

Denmark does not make a notification within the 30 days time limit set out in 
paragraph 2; or 

Legislative measures in Denmark do not enter into force within the time limits 
set out in paragraph 5; 

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this  Agreement  shall  be  considered  terminated  unless  the  parties  decide  otherwise 
within  90  days  or,  in  the  situation  referred  to  under  c,  legislative  measures  in 
Denmark  enter  into  force  within  the  same  period.  Termination  shall  take  effect  3 
months after the expiry of the 90 days period. 

Legal  proceedings  instituted  and  documents  formally  drawn  up  or  registered  as 
authentic instruments before the date of termination of the Agreement as set out in 
paragraph 7 are not affected hereby. 

ARTICLE 4 

Implementing measures 

Denmark shall not take part in the adoption of opinions by the Committee referred to 
in Article 75 of the Brussels I Regulation. Implementing measures adopted pursuant 
to Article 74(2) shall not be binding upon and shall not be applicable in Denmark.  

Whenever  implementing  measures  are  adopted  pursuant  to  Article  74(2)  of  the 
Regulation,  the  implementing  measures  shall  be  communicated  to  Denmark. 
Denmark shall notify the Commission of its decision whether or not to implement the 
content of the implementing measures. Notification shall be given upon receipt of the 
implementing measures or within 30 days hereafter. 

The  notification  shall  state  that  all  necessary  administrative  measures  in  Denmark 
enter into force on the date of entry into force of the implementing measures or have 
entered into force on the date of the notification, whichever date is the latest. 

A  Danish  notification  that  the  content  of  the  implementing  measures  has  been 
implemented in Denmark creates mutual obligations under international law between 
Denmark  and  the  Community.  The  implementing  measures  will  then  form  part  of 
this Agreement. 

8. 

1. 

2. 

3. 

4. 

5. 

In case: 

(a) 

(b) 

 Denmark notifies its decision not to implement the implementing measures; or 

 Denmark does not make a notification within the 30 days time limit set out in 
paragraph 2;  

this  Agreement  shall  be  considered  terminated  unless  the  parties  decide  otherwise 
within 90 days. Termination shall take effect 3 months after the expiry of the 90 days 
period.  

Legal  proceedings  instituted  and  documents  formally  drawn  up  or  registered  as 
authentic instruments before the date of termination of the Agreement as set out in 
paragraph 5 are not affected hereby. 

If  in  exceptional  cases  the  implementation  requires  parliamentary  approval  in 
Denmark,  the  Danish  notification  under  paragraph  2  shall  indicate  this  and  the 
provisions of Article 3(5)–(8) shall apply. 

6. 

7. 

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8. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

Denmark shall notify the Commission of texts amending the items set out in Article 
2(2)(f)–(i)  of  this  Agreement.  The  Commission  shall  adapt  Article  2(2)(f)–(i) 
accordingly. 

ARTICLE 5 

International agreements which affect the Agreement 

International  agreements  entered  into  by  the  Community  based  on  the  rules  of  the 
Brussels  I  Regulation  shall  not  be  binding  upon  and  shall  not  be  applicable  in 
Denmark. 

Denmark will abstain from entering into international agreements which may affect 
or alter the scope of the Brussels I Regulation as annexed to this Agreement unless it 
is done in agreement with the Community and satisfactory arrangements have been 
made  with  regard  to  the  relationship  between  this  Agreement  and  the  international 
agreement in question. 

When negotiating international agreements that may affect or alter the scope of the 
Brussels  I  Regulation  as  annexed  to  this  Agreement,  Denmark  will  co-ordinate  its 
position with the Community and will abstain from any actions that would jeopardise 
the  objectives  of  a  Community  position  within  its  sphere  of  competence  in  such 
negotiations. 

ARTICLE 6 

Jurisdiction of the Court of Justice of the European Communities in relation to the 
interpretation of the Agreement 

Where  a  question  on  the  validity  or  interpretation  of  this  Agreement  is  raised  in  a 
case pending before a Danish court or tribunal, that court or tribunal shall request the 
Court of Justice to give a ruling thereon whenever under the same circumstances a 
court or tribunal of another Member State of the European Union would be required 
to  do  so  in  respect  of  the  Brussels  I  Regulation  and  its  implementing  measures 
referred to in Article 2(1). 

Under  Danish  law,  the  courts  in  Denmark  shall,  when  interpreting  this  Agreement, 
take due account of the rulings contained in the case law of the Court of Justice in 
respect of provisions of the Brussels Convention, the Brussels I Regulation and any 
implementing Community measures. 

Denmark may, like the Council, the Commission and any Member State, request the 
Court  of  Justice  to  give  a  ruling  on  a  question  of  interpretation  of  this  Agreement. 
The ruling given by the Court of Justice in response to such a request shall not apply 
to  judgments  of  courts  or  tribunals  of  the  Member  States  which  have  become  res 
judicata. 

Denmark  shall  be  entitled  to  submit  observations  to  the  Court  of  Justice  in  cases 
where a question has been referred to it by a court or tribunal of a Member State for a 

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5. 

6. 

7. 

preliminary  ruling  concerning  the  interpretation  of  any  provision  referred  to  in 
Article 2(1). 

The Protocol on the Statute of the Court of Justice of the European Communities and 
its Rules of Procedure shall apply. 

If  the  provisions  of  the  Treaty  establishing  the  European  Community  regarding 
rulings by the Court of Justice are amended with consequences for rulings in respect 
of the Brussels I Regulation, Denmark may notify the Commission of its decision not 
to apply the amendments in respect of this Agreement. Notification shall be given at 
the time of the entry into force of the amendments or within 60 days hereafter. 

In such a case this Agreement shall be considered terminated. Termination shall take 
effect 3 months after the notification. 

Legal  proceedings  instituted  and  documents  formally  drawn  up  or  registered  as 
authentic instruments before the date of termination of the Agreement as set out in 
paragraph 6 are not affected hereby. 

ARTICLE 7 

Jurisdiction of the Court of Justice of the European Communities in relation to compliance 
with the Agreement 

1. 

2. 

3. 

1. 

2. 

The  Commission  may  bring  before  the  Court  of  Justice  cases  against  Denmark 
concerning non-compliance with any obligation under this Agreement. 

Denmark may bring a complaint to the Commission as to the non-compliance by a 
Member State of its obligations by virtue of this Agreement. 

The  relevant  provisions  of  the  Treaty  establishing  the  European  Community 
governing  proceedings  before  the  Court  of  Justice  as  well  as  the  Protocol  on  the 
Statute  of  the  Court  of  Justice  of  the  European  Communities  and  its  Rules  of 
Procedure shall apply. 

ARTICLE 8 

Territorial application 

This Agreement shall apply to the territories referred to in Article 299 of the Treaty 
establishing the European Community. 

If  the Community  decides to extend the application of the Brussels I Regulation to 
territories  currently  governed  by  the  Brussels  Convention,  the  Community  and 
Denmark shall cooperate in order to ensure that such an application also extends to 
Denmark. 

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ARTICLE 9 

Transitional provisions 

1. 

2. 

1. 

2. 

This  Agreement  shall  apply  only  to  legal  proceedings  instituted  and  to  documents 
formally  drawn  up  or  registered  as  authentic  instruments  after  the  entry  into  force 
thereof. 

However, if the proceedings in the Member State of origin were instituted before the 
entry  into  force  of  this  Agreement,  judgments  given  after  that  date  shall  be 
recognised and enforced in accordance with this Agreement, 

(a) 

(b) 

if the proceedings in the Member State of origin were instituted after the entry 
into force of the Brussels or the Lugano Convention both in the Member State 
of origin and in the Member State addressed; 

in all other cases, if jurisdiction was founded upon rules which accorded with 
those  provided  for  either  in  this  Agreement  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. 

ARTICLE 10 

Relationship to the Brussels I Regulation 

This  Agreement  shall  not  prejudice  the  application  by  the  Member  States  of  the 
Community other than Denmark of the Brussels I Regulation.  

However, this Agreement shall in any event be applied:  

(a) 

(b) 

in  matters  of  jurisdiction,  where  the  defendant  is  domiciled  in  Denmark,  or 
where  Article  22  or  23  of  the  Regulation,  applicable  to  the  relations  between 
the Community and Denmark by virtue of Article 2 of this Agreement, confer 
jurisdiction on the courts of Denmark; 

in relation to a lis pendens or to related actions as provided for in Articles 27 
and  28  of  the  Brussels  I  Regulation,  applicable  to  the  relations  between  the 
Community  and  Denmark  by  virtue  of  article  2  of  this  Agreement,  when 
proceedings  are  instituted  in  a  Member  State  other  than  Denmark  and  in 
Denmark; 

(c) 

in matters of recognition and enforcement, where Denmark is either the State 
of origin or the State addressed. 

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ARTICLE 11 

Termination of the agreement 

This Agreement shall terminate if Denmark informs the other Member States that it 
no  longer  wishes  to  avail  itself  of  the  provisions  of  Part  I  of  the  Protocol  on  the 
position of Denmark, cf. Article 7 of that Protocol. 

This Agreement may be terminated by either Contracting Party giving notice to the 
other  Contracting Party. Termination shall  be effective six months after the date of 
such notice. 

Legal  proceedings  instituted  and  documents  formally  drawn  up  or  registered  as 
authentic instruments before the date of termination of the Agreement as set out in 
paragraph 1 or 2 are not affected hereby.  

ARTICLE 12 

Entry into force 

The Agreement shall be adopted by the Contracting Parties in accordance with their 
respective procedures. 

The Agreement shall enter into force on the first day of the sixth month following the 
notification  by  the  Contracting  Parties  of  the  completion  of  their  respective 
procedures required for this purpose. 

1. 

2. 

3. 

1. 

2. 

ARTICLE 13 

Authenticity of texts 

This  Agreement  is  drawn  up  in  duplicate  in  the  Czech,  Danish,  Dutch,  English,  Estonian, 
Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Maltese,  Polish, 
Portuguese,  Slovene,  Slovak,  Spanish  and  Swedish  languages,  each  of  these  texts  being 
equally authentic. 

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Annex 

Council  Regulation  (EC)  No.  44/2001  of  22  December  2000  on  jurisdiction  and  the 
recognition  and  enforcement  of  judgments  in  civil  and  commercial  matters,  as  amended  by 
Commission  Regulation  No.  1496/2002  of  21  August  2002  amending  Annex  I  (the  rules  of 
jurisdiction  referred  to  in  Article  3(2)  and  Article  4(2))  and  Annex  II  (the  list  of  competent 
courts  and  authorities)  to  Council  Regulation  (EC)  No.  44/2001  on  jurisdiction  and  the 
recognition  and  enforcement  of  judgements  in  civil  and  commercial  matters  and  by 
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. 

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