Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
Date: 2005-10-19
Institutions: Denmark, European Community
Subjects: Denmark, agreement (EU), civil law, commercial law, judicial cooperation in criminal matters in the EU, jurisdiction

L 299/62

EN

Official Journal of the European Union

16.11.2005

between the European Community and the Kingdom of Denmark on jurisdiction and the
recognition and enforcement of judgments in civil and commercial matters

AGREEMENT

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,

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 on 27 September 1968 the Member States, 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 (1) (the Brussels Convention), as amended by Conventions on the Accession of the new Member
States to that Convention. On 16 September 1988 the Member States and the EFTA States concluded the Convention on
Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (2) (the Lugano Convention), which is a
parallel Convention to the Brussels Convention,

WHEREAS the main content of the Brussels Convention has been taken over in Council Regulation (EC) No 44/2001 of
22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (3)
(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,

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 thereto 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 Protocol (4) should remain applicable also to cases already pending when this Agreement enters into force,

(1) 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.

(2) OJ L 319, 25.11.1988, p. 9.
(3) OJ L 12, 16.1.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 2245/2004 (OJ L 381,

28.12.2004, p. 10).

(4) 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.

16.11.2005

EN

Official Journal of the European Union

L 299/63

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 coordination 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 imple-
menting 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,

the Court of

the European Communities should have jurisdiction under the same
CONSIDERING that
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 Member States in respect of the interpretation of the
Brussels I Regulation and its implementing measures,

Justice of

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,

L 299/64

EN

Official Journal of the European Union

16.11.2005

HAVE AGREED AS FOLLOWS:

Article 1

Aim

(c) Article 62 shall be

supplemented by the

following

paragraph (as paragraph 2):

1.
The aim of this Agreement is to apply the provisions of
the Brussels I Regulation and its implementing measures to the
relations between the Community and Denmark, in accordance
with Article 2(1) of this Agreement.

In matters relating to maintenance, the expression

‘2.
“court” includes the Danish administrative authorities.’

2.
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.

The provisions of Articles 3(1), 4(1) and 5(1) of

this
from the Protocol on the position of

result

3.
Agreement
Denmark.

(d) Article 64 shall apply to seagoing ships
Denmark as well as in Greece and Portugal.

registered in

(e) 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.

(f) The transitional provisions of this Agreement shall apply

instead of Article 66 of the Regulation.

Article 2

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

(g)

In Annex I
Article 246(2) and (3) of
Act (lov om rettens pleje)’.

the following shall be added:

the Administration of

‘in Denmark:
Justice

The provisions of

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

the Regulation and,
the
adopted

in respect of
entry

into force of

after

However, for the purposes of this Agreement, the appli-
2.
cation of the provisions of that Regulation shall be modified as
follows:

(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”’.

(j)

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

(a) Article 1(3) shall not apply.

Amendments to the Brussels I Regulation

Article 3

(b) Article 50 shall be

supplemented by the

following

paragraph (as paragraph 2):

‘2.
However, an applicant who requests the enfor-
cement of
a decision given by an administrative
authority in Denmark in respect of a maintenance
in the Member State addressed, claim the
order may,
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
legal aid or
exemption from costs or expenses.’

the grant of complete or partial

Denmark shall not

adoption of
1.
amendments
I Regulation and no such
amendments shall be binding upon or applicable in Denmark.

to the Brussels

take part

in the

2. 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. Notifi-
cation shall be given at
the
amendments or within 30 days thereafter.

the adoption of

the time of

3.
If Denmark decides that it will implement the content of
the amendments the notification shall indicate whether imple-
mentation can take place administratively or requires parlia-
mentary approval.

16.11.2005

EN

Official Journal of the European Union

L 299/65

If the notification indicates that implementation can take
4.
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
the notification,
or have entered into force on the date of
whichever date is the latest.

If the notification indicates that implementation requires
in Denmark, the following rules shall

5.
parliamentary approval
apply:

(a) 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;

Article 4

Implementing measures

1.
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) of that Regulation shall not be binding upon and shall
not be applicable in Denmark.

2. 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 thereafter.

(b) Denmark shall notify the Commission of the date upon
which the implementing legislative measures enter
into
force.

3.
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 amendments
6.
has been implemented in Denmark, in accordance with para-
graphs 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.

7.

In cases where:

(a) Denmark notifies its decision not to implement the content

of the amendments; or

(b) Denmark does not make a notification within the 30-day

time-limit set out in paragraph 2; or

(c) Legislative measures in Denmark do not enter into force

within the time-limits set out in paragraph 5,

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

take effect

Legal proceedings

8.
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.

instituted and documents

A Danish notification that

4.
the imple-
menting measures has been implemented in Denmark creates
law between Denmark
mutual obligations under international
and the Community. The implementing measures will
then
form part of this Agreement.

the content of

5.

In cases where:

(a) Denmark notifies its decision not to implement the content

of the implementing measures; or

(b) Denmark does not make a notification within the 30-day

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
three months after the expiry of the 90-day period.

Legal proceedings

formally
6.
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.

instituted and documents

If in exceptional cases the implementation requires parlia-
7.
mentary approval
in Denmark, the Danish notification under
paragraph 2 shall indicate this and the provisions of Article 3(5)
to (8) shall apply.

8.
Denmark shall notify the Commission of texts amending
the items set out in Article 2(2)(g) to (j) of this Agreement. The
Commission shall adapt Article 2(2)(g) to (j) accordingly.

L 299/66

EN

Official Journal of the European Union

16.11.2005

Article 5

International agreements which affect

the Brussels

I

Regulation

International agreements entered into by the Community
1.
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
2.
agreements which may affect or alter
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.

the scope of

The Protocol on the Statute of the Court of Justice of the
5.
European Communities and its Rules of Procedure shall apply.

If the provisions of the Treaty establishing the European
6.
Justice are
Community regarding rulings by the Court of
amended with consequences for
the
Brussels I Regulation, Denmark may notify the Commission
its decision not to apply the amendments in respect of
of
this Agreement. Notification shall be given at the time of the
entry into force of
the amendments or within 60 days
thereafter.

rulings in respect of

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

the scope of

that may
3. When negotiating international agreements
affect or alter
I Regulation as
annexed to this Agreement, Denmark will coordinate 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.

the Brussels

Article 6

Jurisdiction of
Communities in relation to the interpretation of

the European
the

the Court of

Justice of

Agreement

1. 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) of this Agreement.

Legal proceedings

7.
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.

instituted and documents

Article 7

Jurisdiction of
Communities

the Court of
relation
in

to

Justice of

compliance with

the European
the

Agreement

1.
The Commission may bring before the Court of Justice
cases against Denmark concerning non-compliance with any
obligation under this Agreement.

2.
Denmark may bring a complaint before the Commission
as to the non-compliance by a Member State of its obligations
under this Agreement.

2.
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.

The relevant provisions of

3.
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.

3.
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.

Article 8

Territorial application

1.
This Agreement shall apply to the territories referred to in
Article 299 of the Treaty establishing the European Community.

4.
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 preliminary
ruling concerning the interpretation of any provision referred
to in Article 2(1).

2.
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.

16.11.2005

EN

Official Journal of the European Union

L 299/67

Article 9

Transitional provisions

1.
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.

2.
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)

the proceedings in the Member State of origin were
if
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;

(b) in all other cases,

if jurisdiction was founded upon rules
in this
which accorded with those provided for either
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.

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.

Article 11

Termination of the agreement

1.
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, in accordance with Article 7 of that Protocol.

2.
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

3.
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.

instituted and documents

Article 10

Relationship to the Brussels I Regulation

Article 12

Entry into force

1.
This Agreement shall not prejudice the application by the
Member States of the Community other than Denmark of the
Brussels I Regulation.

The Agreement shall be adopted by the Contracting

1.
Parties in accordance with their respective procedures.

2.

However, this Agreement shall in any event be applied:

(a)

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;

(b) 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

The Agreement shall enter into force on the first day of
2.
the sixth month following the notification by the Contracting
Parties of the completion of their respective procedures required
for this purpose.

Article 13

Authenticity of texts

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

Lithuanian, Maltese,

Latvian,

Italian,

L 299/68

EN

Official Journal of the European Union

16.11.2005

Hecho en Bruselas, el diecinueve de octubre del dos mil cinco.

V Bruselu dne devatenáctého října dva tisíce pět.

Udfærdiget i Bruxelles den nittende oktober to tusind og fem.

Geschehen zu Brüssel am neunzehnten Oktober zweitausendfünf.

Kahe tuhande viienda aasta oktoobrikuu üheksateistkümnendal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις δέκα εννέα Οκτωβρίου δύο χιλιάδες πέντε.

Done at Brussels on the nineteenth day of October in the year two thousand and five.

Fait à Bruxelles, le dix-neuf octobre deux mille cinq.

Fatto a Bruxelles, addì diciannove ottobre duemilacinque.

Briselē, divtūkstoš piektā gada deviņpadsmitajā oktobrī.

Priimta du tūkstančiai penktų metų spalio devynioliktą dieną Briuselyje.

Kelt Brüsszelben, a kettőezer ötödik év október tizenkilencedik napján.

Magħmul fi Brussel, fid-dsatax jum ta' Ottubru tas-sena elfejn u ħamsa.

Gedaan te Brussel, de negentiende oktober tweeduizend vijf.

Sporządzono w Brukseli dnia dziewiętnastego października roku dwa tysiące piątego.

Feito em Bruxelas, em dezanove de Outubro de dois mil e cinco.

V Bruseli dňa devätnásteho októbra dvetisícpäť.

V Bruslju, devetnajstega oktobra leta dva tisoč pet.

Tehty Brysselissä yhdeksäntenätoista päivänä lokakuuta vuonna kaksituhattaviisi.

Som skedde i Bryssel den nittonde oktober tjugohundrafem.

16.11.2005

EN

Official Journal of the European Union

L 299/69

Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα

For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
Az Európai Közösség részéről
Għall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólonoty Europejskiej
Pela Comunidade Europeia
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar

Por el Reino de Dinamarca
Za Dánské království
For Kongeriget Danmark
Für das Königreich Dänemark
Taani Kuningriigi nimel
Για το Βασίλειο της Δανίας

For the Kingdom of Denmark
Pour le Royaume de Danemark
Per il Regno di Danimarca
Dānijas Karalistes vārdā
Danijos Karalystės vardu
A Dán Királyság részéről
Għar-Renju tad-Danimarka
Voor het Koninkrijk Denemarken
W imieniu Królestwa Danii
Pelo Reino da Dinamarca
Za Dánske kráľovstvo
Za Kraljevino Dansko
Tanskan kuningaskunnan puolesta
På Konungariket Danmarks vägnar

L 299/70

EN

Official Journal of the European Union

16.11.2005

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