European Parliament legislative resolution of 10 September 2013 on the proposal for a Council regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships (COM(2011)0127 — C7-0094/2011 — 2011/0060(CNS))
Date: 2013-09-10
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Legal Affairs, Committee on Women’s Rights and Gender Equality, European Parliament
Subjects: civil union, consultation procedure, enforcement of ruling, judicial cooperation in civil matters in the EU, jurisdiction, matrimonial law, mutual recognition principle




C_2016093EN.01020201.xml










9.3.2016   


EN


Official Journal of the European Union


C 93/202





P7_TA(2013)0337
Property consequences of registered partnerships *
European Parliament legislative resolution of 10 September 2013 on the proposal for a Council regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships (COM(2011)0127 — C7-0094/2011 — 2011/0060(CNS))
(Special legislative procedure — consultation)
(2016/C 093/32)

The European Parliament,







—


having regard to the Commission proposal to the Council (COM(2011)0127),










—


having regard to Article 81(3) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0094/2011),










—


having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Italian Senate, the Polish Sejm, the Polish Senate and the Romanian Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity,










—


having regard to the opinion of the European Union Agency for Fundamental Rights of 31 May 2012,










—


having regard to Article 55 of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0254/2013),












1.


Approves the Commission proposal as amended;












2.


Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;












3.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;












4.


Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;












5.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.





Amendment 1


Proposal for a regulation


Recital 8








Text proposed by the Commission




Amendment













(8)






The specific features of these two forms of union, namely marriage and registered partnerships, and the resultant differences in the principles applicable to them, are the grounds for enacting two separate instruments containing the provisions governing matrimonial property regimes and those governing the property consequences of registered partnerships, which are the subject of this Regulation.










deleted







Amendment 2


Proposal for a regulation


Recital 8 a (new)








Text proposed by the Commission




Amendment





 










(8a)






Recognition in a Member State of a decision relating to the property consequences of a registered partnership has as its only object to allow the enforcement of the property consequences determined in that decision. It does not imply recognition by that Member State of the partnership underlying the property consequences which gave rise to that decision. Member States where the institution of a registered partnership does not exist are not obliged by this Regulation to create such an institution.











Amendment 3


Proposal for a regulation


Recital 10








Text proposed by the Commission




Amendment











(10)



The Regulation covers matters arising from the property consequences of registered partnerships. ‘Registered partnership’ is defined here solely for the purposes of this Regulation. The actual substance of the concept is defined in the national laws of the Member States.












(10)



This Regulation covers matters arising from the property consequences of registered partnerships. ‘Registered partnership’ is defined here solely for the purposes of this Regulation. 
For the purposes of this Regulation, a registered partnership is a form of union other than marriage.
 The actual substance of the concept of 
a registered partnership
 is defined in the national laws of the Member States.









Amendment 4


Proposal for a regulation


Recital 11 a (new)








Text proposed by the Commission




Amendment





 










(11a)






This Regulation should not, however, apply to areas of civil law concerning matters other than the property regime of a registered partnership. For reasons of clarity, therefore, a number of questions which could be seen as having a link with matters of that regime should be explicitly excluded from the scope of this Regulation.











(Corresponds to recital 11 in Regulation (EU) No 650/2012 and AM 3 of the report in 2011/0059(CNS).)


Amendment 5


Proposal for a regulation


Recital 12








Text proposed by the Commission




Amendment











(12)




As
 the maintenance obligations between registered partners are provided for in Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, 
they must
 be excluded from the scope of this Regulation, as should issues relating to 
the validity and effects of gifts
 covered by 
Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations
.












(12)


The maintenance obligations between registered partners
, which
 are provided for in Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, 
should
 be excluded from the scope of this Regulation, as should issues relating to 
succession, which are
 covered by 
Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession

 (1)

.











(Corresponds to AM 4 of the report in 2011/0059(CNS).)


Amendment 6


Proposal for a regulation


Recital 13








Text proposed by the Commission




Amendment











(13)




Issues relating to the nature
 of rights in rem 
that may exist under
 the national law of Member States
, and those linked to the disclosure of such rights, should also be excluded from the scope of this Regulation, as they are in Regulation (EU) No … [of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession]
. 
This means that the courts of the Member State in which a property of one or both partners is located may take measures under property law, regarding such things as the recording of a transfer of the property in the public register, where the law of that Member State so provides.














(13)




This Regulation — like Regulation (EU) No 650/2012 — should not affect the limited number (‘numerus clausus’)
 of rights in rem 
known in
 the national law of 
some
 Member States. 
A Member State should not be required to recognise a right in rem relating to property located in that Member State if the right in rem in question is not known in its law
.









(Corresponds to AM 5 of the report in 2011/0059(CNS).)


Amendment 7


Proposal for a regulation


Recital 13 a (new)








Text proposed by the Commission




Amendment





 










(13a)






However, in order to allow the beneficiaries to enjoy in another Member State the rights which have been created or transferred to them by the liquidation of the property regime of a registered partnership, this Regulation should provide for the adaptation of an unknown right in rem to the closest equivalent right in rem under the law of that other Member State. In the context of such an adaptation, account should be taken of the aims and the interests pursued by the specific right in rem and the effects attached to it. For the purposes of determining the closest equivalent national right in rem, the authorities or competent persons of the State whose law applies to the property regime of the registered partnership may be contacted for further information on the nature and the effects of the right. To that end, the existing networks in the area of judicial cooperation in civil and commercial matters could be used as well as any other available means facilitating the understanding of foreign law.











(Corresponds to recital 16 in Regulation (EU) No 650/2012 and AM 6 of the report in 2011/0059(CNS).)


Amendment 8


Proposal for a regulation


Recital 13 b (new)








Text proposed by the Commission




Amendment





 










(13b)






The requirements for the recording in a register of a right in immovable or movable property should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept (for immoveable property, the lex rei sitae) which determines under what legal conditions and how the recording must be carried out and which authorities, such as land registers or notaries, are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information.











(Corresponds in part to recital 18 in Regulation (EU) No 650/2012 and AM 7 of the report in 2011/0059(CNS).)


Amendment 9


Proposal for a regulation


Recital 13 c (new)








Text proposed by the Commission




Amendment





 










(13c)






The effects of the recording of a right in a register should also be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept which determines whether the recording is, for instance, declaratory or constitutive in effect. Thus, where, for example, the acquisition of a right in an immovable property requires a recording in a register under the law of the Member State in which the register is kept in order to ensure the erga omnes effect of registers or to protect legal transactions, the moment of such acquisition should be governed by the law of that Member State.











(Corresponds to recital 19 in Regulation (EU) No 650/2012 and AM 8 of the report in 2011/0059(CNS).)


Amendment 10


Proposal for a regulation


Recital 13 d (new)








Text proposed by the Commission




Amendment





 










(13d)






Like Regulation (EU) No 650/2012, this Regulation should respect the different systems for dealing with property-regime issues applied in the Member States. For the purposes of this Regulation, the term ‘court’ should therefore be given a broad meaning so as to cover not only courts in the true sense of the word, exercising judicial functions, but also the notaries or registry offices in some Member States who or which, in certain matters of property regimes, exercise judicial functions like courts, and the notaries and legal professionals who, in some Member States, exercise judicial functions in a given property-regime matter by delegation of power by a court. All courts as defined in this Regulation should be bound by the rules of jurisdiction set out in this Regulation. Conversely, the term ‘court’ should not cover non-judicial authorities of a Member State empowered under national law to deal with matters of property regimes, such as the notaries in most Member States where, as is usually the case, they are not exercising judicial functions.











(Corresponds to recital 20 in Regulation (EU) No 650/2012 and AM 10 of the report in 2011/0059(CNS).)


Amendment 11


Proposal for a regulation


Recital 15








Text proposed by the Commission




Amendment











(15)


Similarly, this Regulation must provide for extension of the jurisdiction of the courts of a Member State handling an application for dissolution or annulment of a registered partnership to include matters relating to the property consequences of the registered partnership arising in connection with that application, if the 
partners so agree
.












(15)


Similarly, this Regulation must provide for extension of the jurisdiction of the courts of a Member State handling an application for dissolution or annulment of a registered partnership to include matters relating to the property consequences of the registered partnership arising in connection with that application, if the 
jurisdiction of the courts concerned has been recognised expressly or impliedly by the partners
.









Amendment 12


Proposal for a regulation


Recital 15 a (new)








Text proposed by the Commission




Amendment





 










(15a)






Where matters of property regimes are not linked to the dissolution or annulment of the partnership or to the death of a partner, the partners may decide to submit questions related to their property regime to the courts of the Member State of the law they chose as the law applicable to their property regime. This requires an agreement between the partners, which may be concluded, at the latest, until the matter is put before the court and subsequently as provided for by the lex fori.











(Corresponds to AM 12 of the report in 2011/0059(CNS).)


Amendment 13


Proposal for a regulation


Recital 16








Text proposed by the Commission




Amendment











(16)




In other situations,
 this Regulation must protect the territorial jurisdiction of a Member State's courts 
to deal with claims relating to
 the property consequences of the registered partnership in accordance with a 
list
 of criteria listed in order of precedence designed to ensure the existence of a close link between the partners and the Member State whose courts have jurisdiction. Courts other than those of the Member State where the partnership was registered 
may
 decline this extension of jurisdiction if their domestic law does not provide for registered partnerships. 
Finally, if no court has jurisdiction to deal with the situation in the light of the other provisions of this Regulation, an alternative jurisdictional rule has been included to avoid any risk of denial of justice.














(16)


This Regulation must protect the territorial jurisdiction of a Member State’s courts 
over applications concerning
 the property consequences of the registered partnership 
to be determined in cases other than those of separation of the partners or death of a partner
 in accordance with a 
set
 of criteria listed in order of precedence designed to ensure the existence of a close link between the partners and the Member State whose courts have jurisdiction. Courts other than those of the Member State where the partnership was registered 
should be given the opportunity to
 decline this extension of jurisdiction if their domestic law does not provide for registered partnerships.









Amendment 14


Proposal for a regulation


Recital 16 a (new)








Text proposed by the Commission




Amendment





 










(16a)






In order to remedy, in particular, situations of denial of justice this Regulation should provide a forum necessitatis allowing a court of a Member State, on an exceptional basis, to rule on a property regime case which is closely connected with a third State. Such an exceptional basis may be deemed to exist when proceedings prove impossible in the third State in question, for example because of civil war, or when a beneficiary cannot reasonably be expected to initiate or conduct proceedings in that State. Jurisdiction based on forum necessitatis should, however, be exercised only if the case has a sufficient connection with the Member State of the court seised.











(Corresponds to recital 31 in Regulation (EU) No 650/2012 and AM 14 of the report in 2011/0059(CNS).)


Amendment 15


Proposal for a regulation


Recital 18








Text proposed by the Commission




Amendment











(18)


To facilitate 
the
 partners' management of their property, 
the law of the Member State where the partnership was registered will apply to all the partners' property, even if this law is not the law of a Member State
.












(18)


To facilitate 
registered
 partners’ management of their property, 
this Regulation should authorise them to choose the law applicable to their property, regardless of the nature or location of the property, from amongst the legal systems with which they have close links because of residence or their nationality. There is no reason why that choice should be denied to registered partnerships. If the partners choose a law which does not recognise registered partnerships, the choice of law should be considered null and void. The law determined by the objective connection should then be applied. Even though the parties concerned are generally well informed about their rights, the requirement concerning particular legal protection should be countered by the requirement for judicial advice on the impact of the choice of law. That requirement will be met, in particular, where the advice is guaranteed by additional formal rules concerning the choice of law, notably on notarisation.











Amendment 16


Proposal for a regulation


Recital 18 a (new)








Text proposed by the Commission




Amendment





 










(18a)






In order to create legal certainty and clarity, this Regulation should also include a rule concerning multiple registrations of a registered partnership, which should relate to the most recent registration. The Member States should ensure that there are no multiple registrations of registered partnerships.











Amendment 17


Proposal for a regulation


Recital 18 b (new)








Text proposed by the Commission




Amendment





 










(18b)





Where no applicable law is chosen, and with a view to reconciling predictability and legal certainty with consideration of the life actually lived by the partners, this Regulation must introduce harmonised conflict-of-laws rules to establish the law applicable to all the partners’ property on the basis of a scale of connecting factors. The common habitual residence of the partners at the time of the establishment of the partnership or the first common habitual residence of the partners following the establishment of the partnership should constitute the first criterion, ahead of the partners' common nationality of the at the time of the establishment of the partnership. If neither of those criteria applies, or failing a first common habitual residence in cases where the partners have dual common nationalities at the time of the establishment of the registered partnership, the third criterion should be the State with which the partners have the closest links, taking into account all the circumstances, it being made clear that those links are to be considered as they were at the time of the establishment of the partnership. The laws defined by those criteria should not be applied if they do not recognise registered partnerships. As a default rule the law of the State in which the partnership was registered should apply to the partners’ property.










(Corresponds to AM 15 of the report in 2011/0059(CNS).)


Amendment 18


Proposal for a regulation


Recital 18 c (new)








Text proposed by the Commission




Amendment





 










(18c)






If nationality is used to determine the applicable law, account must be taken of the fact that some States with a legal system based on common law use domicile and not nationality as a connecting factor.











Amendment 19


Proposal for a regulation


Recital 18 d (new)








Text proposed by the Commission




Amendment





 










(18d)






To ensure the legal certainty of transactions and to prevent any change of the law applicable to the property consequences of registered partnerships being made without the partners being notified, no such change should be made save at the express request of the parties. Such a change by the partners should not have retroactive effect unless they expressly so stipulate. Whatever the case, it may not infringe the rights of third parties and the validity of transactions entered into previously.











Amendment 20


Proposal for a regulation


Recital 19 a (new)








Text proposed by the Commission




Amendment





 










(19a)






All necessary information should be made available in a simple manner and by appropriate means, in particular through a multilingual internet site of the Commission.











Amendment 21


Proposal for a regulation


Recital 19 b (new)








Text of the Commission




Amendment





 










(19b)






Exchanges of good practice among legal practitioners should be encouraged.











Amendment 22


Proposal for a regulation


Recital 19 c (new)








Text proposed by the Commission




Amendment





 










(19c)






The Commission should introduce an information and training tool for the relevant court officials and legal practitioners by setting up an interactive portal in all official languages of the institutions of the Union, including a system for sharing professional expertise and practices.











Amendment 23


Proposal for a regulation


Recital 23








Text proposed by the Commission




Amendment











(23)


Since mutual recognition of decisions rendered in the Member States is one of the objectives of this Regulation, this Regulation must lay down rules on the recognition and enforcement of decisions on the basis of 
Regulation (EC) No 44/2001
, adjusted where necessary to meet the specific requirements of matters covered by this Regulation. Therefore it should not be possible in a Member State to refuse the recognition and enforcement, in whole or in part, of a decision concerning the property consequences of a registered partnership if that Member State's national law does not recognise such partnerships or provides for different consequences with regard to the property.












(23)


Since mutual recognition of decisions 
on questions of property regimes concerning registered partnerships
 rendered in the Member States is one of the objectives of this Regulation, this Regulation must lay down rules on the recognition
, enforceability
 and enforcement of decisions on the basis of 
other legal instruments in the area of judicial cooperation in civil matters
, adjusted where necessary to meet the specific requirements of matters covered by this Regulation. Therefore, it should not be possible in a Member State to refuse the recognition and enforcement, in whole or in part, of a decision concerning the property consequences of a registered partnership if that Member State's national law does not recognise such partnerships or provides for different consequences with regard to the property.









(Corresponds to AM 19 of the report in 2011/0059(CNS).)


Amendment 24


Proposal for a regulation


Recital 24








Text proposed by the Commission




Amendment











(24)


In order to take into account different 
ways of
 dealing with matters of the property consequences of registered partnerships in the Member States, this Regulation 
must
 guarantee the 
recognition
 and 
enforcement
 of authentic instruments. 
Nevertheless, the authentic instruments cannot be treated as court decisions with regard to their recognition. The recognition of authentic instruments means that they enjoy the same evidentiary effect with regard to their contents and the same effects as in their Member State of origin, and a presumption of validity which may be rebutted if they are contested.














(24)


In order to take into account 
the
 different 
systems for
 dealing with matters of the property consequences of registered partnerships in the Member States, this Regulation 
should
 guarantee the 
acceptance
 and 
enforceability in all Member States
 of authentic instruments 
in matters of property regimes concerning registered partnerships
.









(Corresponds to recital 60 in Regulation (EU) No 650/2012 and AM 20 of the report in 2011/0059(CNS).)


Amendment 25


Proposal for a regulation


Recital 24 a (new)








Text proposed by the Commission




Amendment





 










(24a)






In terms of the recognition, enforceability and enforcement of judicial decisions and of the acceptance and enforceability of authentic instruments and the enforceability of court settlements, this Regulation should lay down rules on the basis of, in particular, Regulation (EU) No 650/2012.











(Corresponds to AM 21 of the report in 2011/0059(CNS).)


Amendment 26


Proposal for a regulation


Recital 25








Text proposed by the Commission




Amendment











(25)




While
 the law applicable to the property consequences of registered partnerships must govern the legal relationship between a partner and a third party
, the conditions for relying on that law should be regulated by the law of the Member State of habitual residence of the partner or the third party,
 in the interests of the third party's protection. 
The law of that Member State may thus provide that the partner may invoke the law of his or her property regime against the third party only if the conditions of registration or disclosure laid down in that Member State have been complied with, unless the third party was aware or ought to have been aware of the law applicable to the property consequences of the registered partnership
.












(25)


The law applicable to the property consequences of registered partnerships 
under this Regulation
 must govern the legal relationship between a 
registered
 partner and a third party
. However,
 in the interests of the third party’s protection
, neither partner should be able to invoke that law or overriding mandatory provisions in a legal relationship between one of the partners and a third party if the partner who has a legal relationship with the third party, and the third party, are habitually resident in the same State, which is not the State whose law is applicable to the property regime of the registered partnership. Exceptions should apply if the third party does not merit protection, in other words if he or she was aware, or ought to have been aware, of the law applicable, or if the requirements applicable to registration or publicity in the State were complied with.











(Corresponds to AM 22 of the report in 2011/0059(CNS).)


Amendment 27


Proposal for a regulation


Recital 26 a (new)








Text proposed by the Commission




Amendment





 










(26a)






In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with regard to the establishment and subsequent amendment of the attestations and forms pertaining to the declaration of enforceability of decisions, court settlements and authentic instruments. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers

 (2)

.











(Corresponds to recital 78 in Regulation (EU) No 650/2012 and AM 23 of the report in 2011/0059(CNS).)


Amendment 28


Proposal for a regulation


Recital 26 b (new)








Text proposed by the Commission




Amendment





 










(26b)





The advisory procedure should be used for the adoption of implementing acts establishing and subsequently amending the attestations and forms provided for in this Regulation in accordance with the procedure laid down in Article 4 of Regulation (EU) No 182/2011.










(Corresponds to recital 79 in Regulation (EU) No 650/2012 and AM 24 of the report in 2011/0059(CNS).)


Amendment 29


Proposal for a regulation


Recital 28








Text proposed by the Commission




Amendment











(28)


This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 7, 9, 17, 21 and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights, the prohibition of any form of discrimination and the right to an effective remedy and to a fair trial. The Member States' courts must apply this Regulation in a manner consistent with these rights and principles.












(28)


This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 7, 9, 17, 
20,
 21 and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights, 
equality before the law,
 the prohibition of any form of discrimination and the right to an effective remedy and to a fair trial. The Member States’ courts must apply this Regulation in a manner consistent with those rights and principles.









(Corresponds in part to recital 81 in Regulation (EU) No 650/2012 and AM 25 of the report in 2011/0059(CNS).)


Amendment 30


Proposal for a regulation


Article 1 — paragraph 3 — point a








Text proposed by the Commission




Amendment













(a)






the personal effects of registered partnerships,










deleted







Amendment 31


Proposal for a regulation


Article 1 — paragraph 3 — point b








Text proposed by the Commission




Amendment











(b)


the legal capacity of partners,












(b)


the 
general
 capacity of partners,









(Corresponds to AM 26 of the report in 2011/0059(CNS).)


Amendment 32


Proposal for a regulation


Article 1 — paragraph 3 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






the existence, validity or recognition of the partnership,











(Corresponds to AM 27 of the report in 2011/0059(CNS).)


Amendment 33


Proposal for a regulation


Article 1 — paragraph 3 — point d








Text proposed by the Commission




Amendment













(d)






gifts between partners,










deleted







Amendment 34


Proposal for a regulation


Article 1 — paragraph 3 — point e








Text proposed by the Commission




Amendment











(e)




the succession rights of a
 surviving partner,












(e)




issues of succession concerning the
 surviving partner,









(Corresponds to AM 29 of the report in 2011/0059(CNS).)


Amendment 35


Proposal for a regulation


Article 1 — paragraph 3 — point f








Text proposed by the Commission




Amendment











(f)




companies set up between registered partners
,












(f)




questions governed by the law of companies and other bodies, corporate or unincorporated
,









(Corresponds to Article 1, point (h), of Regulation (EU) No 650/2012 and AM 30 of the report in 2011/0059(CNS).)


Amendment 36


Proposal for a regulation


Article 1 — paragraph 3 — point g








Text proposed by the Commission




Amendment











(g)


the nature of rights in rem 
relating to a property and the disclosure of such rights.














(g)


the nature of rights in rem,









(Corresponds to Article 1, point (k), of Regulation (EU) No 650/2012 and AM 31 of the report in 2011/0059(CNS).)


Amendment 37


Proposal for a regulation


Article 1 — paragraph 3 — point g a (new)








Text proposed by the Commission




Amendment





 










(ga)






any recording in a register of rights in immovable or movable property, including the legal requirements for such recording, and the effects of recording or failing to record such rights in a register, and











(Corresponds to Article 1, point (l), of Regulation (EU) No 650/2012 and AM 32 of the report in 2011/0059(CNS).)


Amendment 38


Proposal for a regulation


Article 1 — paragraph 3 — point g b (new)








Text proposed by the Commission




Amendment





 










(gb)






questions of entitlement to transfer or adjustment, in the case of a dissolution of the registered partnership, between partners or former partners, of rights to retirement or disability pensions accrued during the registered partnership.











(Corresponds to AM 33 of the report in 2011/0059(CNS).)


Amendment 39


Proposal for a regulation


Article 2 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


‘registered partnership’: regime governing the shared life of two people which is provided for in law 
and is registered by an official authority
;












(b)


‘registered partnership’: regime governing the shared life of two people which is 
established in the manner
 provided for in law 
in the Member State where the partnership is registered
;









Amendment 40


Proposal for a regulation


Article 2 — paragraph 1 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






‘partnership agreement’: any agreement by means of which the partners or future partners organise the property regime of their partnership;











(Corresponds to AM 35 of the report in 2011/0059(CNS).)


Amendment 41


Proposal for a regulation


Article 2 — paragraph 1 — point c — introductory part








Text proposed by the Commission




Amendment











(c)


‘authentic instrument’: 
an instrument
 which has been officially drawn up or registered as an authentic instrument in 
the
 Member State 
of origin
 and the authenticity of which:












(c)


‘authentic instrument’: 
a document in a matter concerning the property regime in a registered partnership
 which has been 
formally
 drawn up or registered as an authentic instrument in 
a
 Member State and the authenticity of which:









(Corresponds to Article 3(1), point (i), of Regulation (EU) No 650/2012 and AM 36 of the report in 2011/0059(CNS).)


Amendment 42


Proposal for a regulation


Article 2 — paragraph 1 — point d








Text proposed by the Commission




Amendment











(d)


‘decision’: any decision given in a matter of the property consequences of a registered partnership by a court of a Member State, whatever the decision may be called, including 
the terms ‘decree’, ‘judgment’, ‘order’ or ‘writ of execution’, and
 the determination of costs or expenses by an officer of the court;












(d)


‘decision’: any decision given in a matter of the property consequences of a registered partnership by a court of a Member State, whatever the decision may be called, including 
a decision on
 the determination of costs or expenses by an officer of the court;









(Corresponds to Article 31(1), point (g), of Regulation (EU) No 650/2012 and AM 37 of the report in 2011/0059(CNS).)


Amendment 43


Proposal for a regulation


Article 2 — paragraph 1 — point e








Text proposed by the Commission




Amendment











(e)


‘Member State of origin’: the Member State in which
, as the case may be,
 the decision 
was
 given, 
the partnership contract concluded,
 the authentic instrument 
or the instrument liquidating the common property or any other instrument produced by or before the judicial authority or authority of delegation was drawn up
;












(e)


‘Member State of origin’: the Member State in which the decision 
has been
 given the authentic instrument 
established or the court settlement approved or concluded
;









(Corresponds to Article 3(1), point (e), of Regulation (EU) No 650/2012 and AM 38 of the report in 2011/0059(CNS).)


Amendment 44


Proposal for a regulation


Article 2 — paragraph 1 — point f








Text proposed by the Commission




Amendment











(f)


‘Member State 
addressed
’: the Member State in which 
recognition and/or
 enforcement of the decision, 
partnership contract, authentic instrument, instrument of liquidation of the common property or any other instrument produced by or before the judicial authority or authority of delegation is requested
;












(f)


‘Member State 
of enforcement
’: the Member State in which 
the declaration of enforceability or the
 enforcement of the decision, 
the court settlement or the authentic instrument is sought;











(Corresponds to Article 3(1), point (f), of Regulation (EU) No 650/2012 and AM 39 of the report in 2011/0059(CNS).)


Amendment 45


Proposal for a regulation


Article 2 — paragraph 1 — point g








Text proposed by the Commission




Amendment













(g)






‘court’: any competent judicial authority in the Member States which carries out a judicial function in matters of the property consequences of registered partnerships or any other non-judicial authority or person carrying out, by delegation or designation by a judicial authority of a Member State, the functions falling within the jurisdiction of the courts as provided for in this Regulation;










deleted







(Corresponds to AM 40 of the report in 2011/0059(CNS).)


Amendment 46


Proposal for a regulation


Article 2 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




1a.
   
For the purposes of this Regulation the term ‘court’ means any judicial authority and all other authorities and legal professionals with competence in matters of property regimes in registered partnerships which exercise judicial functions or act pursuant to a delegation of power by a judicial authority or act under the control of a judicial authority, provided that such other authorities and legal professionals offer guarantees with regard to impartiality and the right of all parties to be heard and provided that their decisions under the law of the Member State in which they operate:






 










(a)






may be made the subject of an appeal to, or review by, a judicial authority; and










 










(b)






have a similar force and effect as a decision of a judicial authority on the same matter.










 




The Member States shall notify the Commission of the other authorities and legal professionals referred to in the first subparagraph in accordance with Article 33a(1).







Amendment 47


Proposal for a regulation


Article - 3








Text proposed by the Commission




Amendment





 




Article - 3






 




Jurisdiction in matters of property regimes within the Member States






 




This Regulation shall not affect domestic jurisdiction over property regime cases in the Member States.







(Corresponds to AM 42 of the report in 2011/0059(CNS).)


Amendment 48


Proposal for a regulation


Article 3 — paragraph 1








Text proposed by the Commission




Amendment





1.   The courts of a Member State seised 
by an application concerning the
 succession 
of
 a registered partner under Regulation (EC) 
… [of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession]
 shall also have jurisdiction to rule on matters of the property consequences of the partnership arising in connection with the 
application
.


1.   The courts of a Member State seised 
in matters of the
 succession of a registered partner under Regulation (EU) No 
650/2012
 shall also have jurisdiction to rule on matters of the property consequences of the partnership arising in connection with the 
succession case
.





(Corresponds to AM 43 of the report in 2011/0059(CNS).)


Amendment 49


Proposal for a regulation


Article 4








Text proposed by the Commission




Amendment





Jurisdiction in cases of 
separation of the partners




Jurisdiction in cases of 
dissolution or annulment






The courts of a Member State seised by an application for dissolution or annulment of a registered partnership shall also have jurisdiction
, if the partners so agree,
 to rule on the property consequences arising in connection with the application.


The courts of a Member State seised of an application for dissolution or annulment of a registered partnership shall also have jurisdiction to rule on the property consequences arising in connection with the application 
if the jurisdiction of the courts concerned has been recognised, expressly or otherwise in an unequivocal manner by the partners
.






Such an agreement may be concluded at any time, even during the proceedings. If it is concluded before the proceedings, it must be drawn up in writing and dated and signed by both parties.




 




Failing 
agreement between the partners
, jurisdiction 
is
 governed by Article 5.


Failing 
recognition of the jurisdiction of the court referred to in paragraph 1
, jurisdiction 
shall be
 governed by Article 5.





(Corresponds to AM 44 of the report in 2011/0059(CNS).)


Amendment 50


Proposal for a regulation


Article 4 a (new)








Text proposed by the Commission




Amendment





 




Article 4a






 




Choice-of-court agreement






 




1.
   
The partners may agree that the courts of the Member State whose law they have chosen, in accordance with Article 15b, as the law applicable to the property regime of their partnership are to have jurisdiction to rule on that property regime. Such jurisdiction shall be exclusive.






 




Without prejudice to the third subparagraph, a choice-of-court agreement may be concluded or amended at any time, but at the latest when the court is seised.






 




If the law of the forum so provides, the partners may also choose the competent jurisdiction after the court has been seised. In that event, such choice shall be recorded in court in accordance with the law of the forum.






 




If the agreement is concluded before the proceedings, it must be drawn up in writing and dated and signed by both parties. Any communication by electronic means which provides a durable record of the agreement shall be equivalent to ‘writing’.






 




2.
   
The partners may also agree that, if no court has been chosen, the courts of the Member State whose law is applicable pursuant to Article 15 to the property regime of their partnership are to have jurisdiction.







Amendment 51


Proposal for a regulation


Article 4 b (new)








Text proposed by the Commission




Amendment





 




Article 4b






 




Jurisdiction based on the appearance of the defendant






 




1.
   
Apart from jurisdiction derived from other provisions of this Regulation, a court of a Member State whose law has been chosen under Article - 15b, or whose law is applicable under Article 15, and before which a defendant enters an appearance shall have jurisdiction. This rule shall not apply where an appearance was entered to contest the jurisdiction, or where another court has jurisdiction by virtue of Article 3, Article 4 or Article 4a.






 




2.
   
Before assuming jurisdiction under paragraph 1, the court shall ensure that the defendant is informed of his or her right to contest the jurisdiction and of the consequences of entering or not entering an appearance.







(Corresponds to AM 46 of the report in 2011/0059(CNS).)


Amendment 52


Proposal for a regulation


Article 5








Text proposed by the Commission




Amendment





1.   
In cases other than those provided for in
 Articles 3 
and
 4, jurisdiction to rule on proceedings concerning 
the
 property consequences 
of a registered partnership
 shall lie with the courts of the Member State:


1.   
Where no court has jurisdiction pursuant to
 Articles 3, 4 
and 4a
, jurisdiction to rule on proceedings concerning property consequences shall lie with the courts of the Member State:










(a)




of
 the partners
' common habitual residence
, or failing that,












(a)




in whose territory
 the partners 
are habitually resident at the time when the court is seised
, or failing that,














(b)




of the last common habitual residence
 if one of them still resides there, or failing that












(b)




in whose territory the partners were last habitually resident
 if one of them still resides there 
at the time when the court is seised
, or failing that,














(c)




of
 the defendant
's habitual residence
, or failing that,












(c)




in whose territory
 the defendant is 
habitually resident at the time when the court is seised
, or failing that,








 










(ca)






of the nationality of both partners at the time when the court is seised or, in the case of the United Kingdom and Ireland, of their common domicile, or failing that,
















(d)


of registration of the partnership.












(d)


of registration of the partnership.








2.   The courts referred to in points (a), (b) 
and
 (c) of paragraph 1 may decline jurisdiction if their law does not recognise the institution of registered partnership.


2.   The courts referred to in points (a), (b), (c) 
and (ca)
 of paragraph 1 may decline jurisdiction if their law does not recognise the institution of registered partnership.





(Regarding Article 5(ca)(new), see the amendment to Article 6(1)(b), Corresponds to AM 47 of the report in 2011/0059(CNS).)


Amendment 53


Proposal for a regulation


Article 6








Text proposed by the Commission




Amendment





Where no court has jurisdiction 
under
 Articles 3, 4 or 5, or the court 
designated by those provisions
 has declined jurisdiction, the courts of a Member State shall have jurisdiction in so far as:


Where no court 
of a Member State
 has jurisdiction 
pursuant to
 Articles 3, 4
, 4a
 or 5, or the court has declined jurisdiction, the courts of a Member State shall have jurisdiction in so far as 
immovable
 property or 
registered assets
 of one or both partners are located in the territory of that Member State
; in
 that event the court seised shall have jurisdiction to rule only in respect of the 
immovable
 property or 
registered assets
 in question.












(a)




property or properties of one or both partners are located in the territory of that Member State
, but in
 that event the court seised shall have jurisdiction to rule only in respect of the property or properties in question;






 












(b)






both partners are nationals of that Member State or, in the case of the United Kingdom and Ireland, have their common ‘domicile’ there.










In such cases the courts of a Member State shall have jurisdiction to rule only on immovable property or registered assets located in that Member State.







(Corresponds to AM 48 of the report in 2011/0059(CNS).)


Amendment 54


Proposal for a regulation


Article 7








Text proposed by the Commission




Amendment





Where no court of a Member State has jurisdiction 
under
 Articles 3, 4, 5 or 6, 
or the court designated by those provisions has declined jurisdiction,
 the courts of a Member State may, 
exceptionally and if the case has a sufficient connection with that Member State
, rule on 
the property consequences of a registered partnership
 if proceedings 
would be impossible or
 cannot reasonably be brought or conducted in a third State.


Where no court of a Member State has jurisdiction 
pursuant to
 Articles 3, 4, 
4a,
 5 or 6, the courts of a Member State may, 
on an exceptional basis
, rule on 
a property regime case
 if proceedings cannot reasonably be brought or conducted
, or would be impossible,
 in a third State 
with which the case is closely connected
.




 




The case must have a sufficient connection with the Member State of the court seised.







(Corresponds to Article 11 of Regulation (EU) No 650/2012 and AM 49 of the report in 2011/0059(CNS).)


Amendment 55


Proposal for a regulation


Article 8








Text proposed by the Commission




Amendment





The court seised pursuant to Articles 3, 4, 5, 6 or 7 before which proceedings are pending shall also have jurisdiction to rule on a counterclaim if it falls within the scope of this Regulation.


The court seised pursuant to Articles 3, 4, 
4a,
 5, 6 or 7 before which proceedings are pending shall also have jurisdiction to rule on a counterclaim if it falls within the scope of this Regulation.




 




If a court has been seised pursuant to Article 6, its jurisdiction to rule on a counterclaim shall be limited to the immovable property or registered assets which form the subject-matter of the main proceedings.







(Corresponds to AM 50 of the report in 2011/0059(CNS).)


Amendment 56


Proposal for a regulation


Article 9








Text proposed by the Commission




Amendment







A
 court shall be deemed to be seised:




For the purposes of this Chapter, 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 defendant
, or














(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 defendant;














(b)




where
 the document has to be served before being lodged with the court, on the date on which it is formally drawn up or registered by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps he or she was required to take to have the document lodged with the court.












(b)




if
 the document has to be served before being lodged with the court, on the date on which it is formally drawn up or registered 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
, or










 










(ba)






if the proceedings are opened of the court's own motion, at the time when the decision to open the proceedings is taken by the court, or, where such a decision is not required, at the time when the case is registered by the court
.









(Corresponds to Article 14 of Regulation (EU) No 650/2012 and AM 51 of the report in 2011/0059(CNS).)


Amendment 57


Proposal for a regulation


Article 12 — paragraph 1








Text proposed by the Commission




Amendment





1.   Where proceedings involving the same cause of action and between the 
same parties
 are brought before courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.


1.   Where proceedings involving the same cause of action and between the 
partners
 are brought before courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.





(Corresponds to AM 52 of the report in 2011/0059(CNS).)


Amendment 59


Proposal for a regulation


Article 13 — paragraph 2








Text proposed by the Commission




Amendment





2.   Where these actions are pending at first instance, any court other than the court first seised may also, on the application of one of the 
parties
, decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof.


2.   Where those actions are pending at first instance, any court other than the court first seised may also, on the application of one of the 
partners
, decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof.





(Corresponds to Article 18 of Regulation (EU) No 650/2012 and AM 54 of the report in 2011/0059(CNS).)


Amendment 60


Proposal for a regulation


Article 14








Text proposed by the Commission




Amendment







Provisional, including protective, measures provided for by the law
 of a Member State 
may be requested from the courts
 of that State, even 
where,
 under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter.




Application may be made to the courts
 of a Member State 
for such provisional
, 
including protective, measures as may be available under the law
 of that State, even 
if,
 under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter.





(Corresponds to Article 19 of Regulation (EU) No 650/2012 and AM 56 of the report in 2011/0059(CNS).)


Amendment 61


Proposal for a regulation


Article - 15 (new)








Text proposed by the Commission




Amendment





 




Article - 15






 




Unity and scope of the applicable law






 




1.
   
The law applicable to the property consequences of a registered partnership shall apply to all assets that are subject to those consequences, regardless of where the assets are located.






 




2.
   
The law applicable to the property consequences of registered partnerships shall determine, without prejudice to points (g) and (ga) of Article 1(3), inter alia:






 










(a)






the division of the partners’ property into different categories before and after the registered partnership;










 










(b)






the transfer of property from one category to another;










 










(c)






liability for the other partner’s debts, where necessary;










 










(d)






the partners’ rights of disposal during the partnership;










 










(e)






dissolution and liquidation of the property regime of a registered partnership and division of property in the event of dissolution of the registered partnership;










 










(f)






the impact of the property regime of a registered partnership on a legal relationship between one of the partners and a third party on the basis of Article 31.











(Corresponds to AMs 57 and 58 of the report in 2011/0059(CNS).)


Amendment 62


Proposal for a regulation


Article - 15 a (new)








Text proposed by the Commission




Amendment





 




Article - 15a






 




Universal application






 




Any law specified by this Regulation shall be applied whether or not it is the law of a Member State.







(See amendment to Article 16; the text has been changed. Corresponds to Article 20 of Regulation (EU) No 650/2012 and AM 59 of the report in 2011/0059(CNS).)


Amendment 63


Proposal for a regulation


Article - 15 b (new)








Text proposed by the Commission




Amendment





 




Article - 15b






 




Choice of law






 




1.
   
The partners or future partners may agree on or change the law applicable to the property regime of their registered partnership, provided that that law recognises the institution of registered partnership and attaches property consequences to it, and provided that it is one of the following:






 










(a)






the law of the State in which the partners or future partners, or one of them, is/are habitually resident at the time when the agreement is concluded, or










 










(b)






the law of a State of which one of the partners or future partners is a national at the time when the agreement is concluded, or










 










(c)






the law of a State in which the partnership is registered.










 




2.
   
If the law chosen does not recognise the institution of registered partnership or does not attach property consequences to it, the applicable law shall be determined in accordance with Article 15.






 




3.
   
The choice of law pursuant to paragraph 1 shall be valid only if the partners or future partners can prove that, prior to making the choice, they have taken advice on its legal consequences.






 




This requirement shall be deemed to be fulfilled if the provision of advice is ensured by additional national formal rules governing the choice of law.






 




4.
   
Unless the partners agree otherwise, a change of the law applicable to the property regime of their registered partnership made during the partnership shall have prospective effect only.






 




5.
   
If the partners choose to make that change retroactive, its retroactive effect shall not affect the validity of previous transactions entered into under the law hitherto applicable or the rights of third parties under the law previously applicable.







(Corresponds in part to AM 60 of the report in 2011/0059(CNS).)


Amendment 64


Proposal for a regulation


Article 15








Text proposed by the Commission




Amendment







Determination of
 the applicable law




Establishing
 the applicable law 
where no choice is made








The law applicable to
 the property consequences of registered partnerships 
is the law of
 the State 
in which the partnership was registered.






1.
   
If no choice-of-law agreement is made pursuant to Article - 15b,
 the property consequences of registered partnerships 
shall be governed by
 the 
law of the
 State:




 










(a)






in which the partners have their first common habitual residence at the time when their partnership was established or where they set up their first common habitual residence after establishing their partnership, or










 










(b)






the nationality of which both partners have at the time when their partnership is established, or










 










(c)






with which the partners have the closest ties at the time when their partnership is established, with due consideration given to all the circumstances, or










 










(d)






in which the partnership is registered.










 




2.
   
Points (a), (b) and (c) of paragraph 1 shall not apply if the law in question does not recognise the institution of registered partnership.






 




3.
   
Point (b) of paragraph 1 shall not apply if the partners have more than one common nationality.







(Corresponds in part to AM 61 et seq. of the report in 2011/0059(CNS).)


Amendment 65


Proposal for a regulation


Article 15 a (new)








Text proposed by the Commission




Amendment





 




Article 15a






 




Multiple registration






 




If registered partnerships between the same persons exist in different States, the partnership which was most recently established, dating from the day on which it was established, shall be decisive for the purposes of determining the applicable law pursuant to point (d) of Article 15(1).







Amendment 66


Proposal for a regulation


Article 16








Text proposed by the Commission




Amendment







Article 16






deleted








Universal nature of the conflict-of-law rule




 






Any law determined in accordance with the provisions of this Chapter shall apply even if it is not the law of a Member State.




 





(Corresponds to AM 68 of the report in 2011/0059(CNS).)


Amendment 67


Proposal for a regulation


Article 16 a (new)








Text proposed by the Commission




Amendment





 




Article 16a






 




Formal requirements for choosing the applicable law






 




1.
   
The agreement on the choice of law referred to in Article - 15b shall be expressed in writing, dated and signed by both partners. Any communication by electronic means which provides a durable record of the agreement shall be deemed equivalent to writing.






 




2.
   
That agreement shall comply with the formal requirements of the law applicable to the property regime of the registered partnership or the law of the State in which the agreement was concluded.






 




3.
   
However, if the law of the State in which both partners have their habitual residence at the time of their agreement on the choice of applicable law provides for additional formal requirements for agreements of that type or, failing that, for the partnership agreement, those requirements shall apply.






 




4.
   
If the partners are habitually resident in different States at the time when the choice is made and the laws of those States provide for different formal requirements, the agreement shall be formally valid if it satisfies the requirements of either of those laws.







(Similar to Article 5(2) of Regulation (EU) No 650/2012. See also AM 65 of the report in 2011/0059(CNS).)


Amendment 68


Proposal for a regulation


Article 16 b (new)








Text proposed by the Commission




Amendment





 




Article 16b






 




Formal requirements for a partnership agreement






 




The formal aspects of a partnership agreement shall be governed mutatis mutandis by Article 16a. Any additional formal requirements within the meaning of Article 16a(3) shall, for the purposes of this Article relate only to the partnership agreement.







(Corresponds to AM 66 of the report in 2011/0059(CNS).)


Amendment 69


Proposal for a regulation


Article 16 c (new)








Text proposed by the Commission




Amendment





 




Article 16c






 




Adaptation of rights in rem






 




Where a person invokes a right in rem to which he or she is entitled under the law applicable to the property regime of the registered partnership and the law of the Member State in which that right is invoked does not know the right in rem in question, that right shall, if necessary and to the extent possible, be adapted to the closest equivalent right in rem under the law of that State, taking into account the aims and the interests pursued by the specific right in rem and the effects attached to it.







(Corresponds to Article 31 of Regulation (EU) No 650/2012 and AM 67 of the report in 2011/0059(CNS).)


Amendment 70


Proposal for a regulation


Article 17








Text proposed by the Commission




Amendment







The provisions of this Regulation shall be without prejudice to the application of imperative provisions the upholding of which is regarded as crucial by a Member State for safeguarding its public interests, such as its political, social or economic organisation, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the property consequences of a registered partnership under this Regulation.






1.
   
Overriding mandatory provisions are provisions the disregard for which would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. The competent authorities should not interpret the public policy exception in a way that is contrary to the Charter of Fundamental rights of the European Union, and in particular Article 21 thereof, which prohibits all forms of discrimination.






 




2.
   
This Regulation shall not restrict the application of the overriding mandatory provisions of the law of the forum, without prejudice to the transaction protection provisions applicable pursuant to Article 31.







(Corresponds to AM 69 of the report in 2011/0059(CNS).)


Amendment 71


Proposal for a regulation


Article 18 — paragraph 1








Text proposed by the Commission




Amendment





1.   The application of a rule of the law determined by this Regulation may be refused only if 
such
 application is manifestly incompatible with the public policy of the forum.


1.   The application of a rule of the law 
of any State
 determined by this Regulation may be refused only if 
its
 application is manifestly incompatible with the public policy of the forum.





(Corresponds to Article 35 of Regulation (EU) No 650/2012 and AM 70 of the report in 2011/0059(CNS).)


Amendment 72


Proposal for a regulation


Article 19








Text proposed by the Commission




Amendment





Where this Regulation provides for the application of the law of a State, it means the rules of 
substantive
 law in force in that State other than its rules of private international law.


Where this Regulation provides for the application of the law of a State, it 
refers to
 the rules of law in force in that State other than its rules of private international law.





(Corresponds to AM 71 of the report in 2011/0059(CNS).)


Amendment 73


Proposal for a regulation


Article 20








Text proposed by the Commission




Amendment





States with 
two or
 more legal 
systems
 — territorial conflicts of laws


States with more 
than one
 legal 
system
 — territorial conflicts of laws




 




1.
   
Where the law specified by this Regulation is that of a State which comprises several territorial units each of which has its own rules of law in respect of property regimes of registered partnerships, the internal conflict-of-laws rules of that State shall determine the relevant territorial unit whose rules of law are to apply.








Where a State comprises several territorial units, each of which has its own system of law or its own set of rules concerning matters governed by this Regulation
:




1a.
   
In the absence of such internal conflict-of-laws
:
rules:












(a)


any reference to the law of that State shall 
be construed
, for the purposes of determining the law applicable 
under this Regulation
, as a reference to the law in force in the 
relevant
 territorial unit;












(a)


any reference to the law of that State 
referred to in paragraph 1
 shall, for the purposes of determining the law applicable 
pursuant to provisions referring to the habitual residence of the partners
, 
be construed
 as 
referring
 to the law in force in the territorial unit 
in which the partners have their habitual residence
;














(b)


any reference to 
habitual residence in that
 State shall be construed as 
a reference
 to 
habitual residence in a
 territorial unit;












(b)


any reference to 
the law of the
 State 
referred to in paragraph 1
 shall
, for the purposes of determining the law applicable pursuant to provisions referring to the nationality of the partners,
 be construed as 
referring
 to 
the law of the
 territorial unit 
with which the partners have the closest connection
;














(c)


any reference to 
nationality
 shall 
refer
 to 
the territorial unit determined by
 the law of 
that State, or, in the absence of relevant rules, to
 the territorial unit 
chosen by the parties or, in absence of such a choice, to the territorial unit with
 which the 
spouse or spouses has or have the closest connection
.












(c)


any reference to 
the law of the State referred to in paragraph 1
 shall
, for the purposes of determining the law applicable pursuant to any other provisions referring to other elements as connecting factors, be construed as referring
 to the law of the territorial unit 
in
 which the 
relevant element is located
.









(Corresponds to Article 36 of Regulation (EU) No 650/2012 and AM 72 of the report in 2011/0059(CNS).)


Amendment 74


Proposal for a regulation


Article 20 a (new)








Text proposed by the Commission




Amendment





 




Article 20a






 




States with more than one legal system — inter-personal conflicts of laws






 




In relation to a State which has two or more systems of law or sets of rules applicable to different categories of persons in respect of the property regimes of registered partnerships, any reference to the law of such a State shall be construed as referring to the system of law or set of rules determined by the rules in force in that State. In the absence of such rules, the system of law or the set of rules with which the partners have the closest connection shall apply.







(Corresponds to AM 73 of the report in 2011/0059(CNS).)


Amendment 75


Proposal for a regulation


Article 20 b (new)








Text proposed by the Commission




Amendment





 




Article 20b






 




Non-application of this Regulation to internal conflicts of laws






 




A Member State which comprises several territorial units each of which has its own rules of law in respect of the property regimes of registered partnerships shall not be required to apply this Regulation to conflicts of laws arising between such units only.







(Corresponds to AM 74 of the report in 2011/0059(CNS).)


Amendment 76


Proposal for a regulation


Article 21 — paragraph 1








Text of the Commission




Amendment





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


1.   A decision given in a Member State shall be recognised in the other Member States without any special procedure being required. 
The recognition of such decisions shall not, however, imply that Member States recognise registered partnerships as a legal institution in their own law.







Amendment 77


Proposal for a regulation


Article 21 — paragraph 2








Text proposed by the Commission




Amendment





2.   Any interested party who raises the recognition of a decision as the principal issue in a dispute may, in accordance with the procedures set out in Articles 
[38
 to 
56] of Regulation (EC) No 44/2001
, apply for 
the
 decision to be recognised.


2.   Any interested party who raises the recognition of a decision as the principal issue in a dispute may, in accordance with the procedures set out in Articles 
27b
 to 
27o
, apply for 
that
 decision to be recognised.





(Corresponds to Article 39 of Regulation (EU) No 650/2012 and AM 75 of the report in 2011/0059(CNS).)


Amendment 78


Proposal for a regulation


Article 22 — point a








Text proposed by the Commission




Amendment











(a)


such recognition is manifestly contrary to public policy in the Member State 
addressed
;












(a)


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









(Corresponds to Article 40 of Regulation (EU) No 650/2012 and AM 76 of the report in 2011/0059(CNS).)


Amendment 79


Proposal for a regulation


Article 22 — point b








Text proposed by the Commission




Amendment











(b)


where it was given in default of appearance, if the defendant 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 him or her to arrange for his or her defence, unless the defendant failed to 
commence proceedings to challenge
 the decision when it was possible for him or her to do so;












(b)


where it was given in default of appearance, if the defendant 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 him or her to arrange for his or her defence, unless the defendant failed to 
appeal against
 the decision when it was possible for him or her to do so;









(Corresponds in part to Article 40 of Regulation (EU) No 650/2012.)


Amendment 80


Proposal for a regulation


Article 22 — point c








Text proposed by the Commission




Amendment











(c)


it is irreconcilable with a decision given in 
a matter
 between the same parties in the Member State 
addressed
;












(c)


it is irreconcilable with a decision given in 
proceedings
 between the same parties in the Member State 
in which recognition is granted
;









(Corresponds to Article 40 of Regulation (EU) No 650/2012 and AM 78 of the report in 2011/0059(CNS).)


Amendment 81


Proposal for a regulation


Article 22 — point d








Text proposed by the Commission




Amendment











(d)


it is irreconcilable with an earlier decision given in another Member State or in a third State involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State 
addressed
.












(d)


it is irreconcilable with an earlier decision given in another Member State or in a third State 
in proceedings
 involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State 
in which recognition is sought
;









(Corresponds to Article 40 of Regulation (EU) No 650/2012 and AM 79 of the report in 2011/0059(CNS).)


Amendment 82


Proposal for a regulation


Article 25








Text proposed by the Commission




Amendment





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


Under no circumstances may a decision 
given in a Member State
 be reviewed as to its substance.





(Corresponds to Article 41 of Regulation (EU) No 650/2012 and AM 80 of the report in 2011/0059(CNS).)


Amendment 83


Proposal for a regulation


Article 26








Text proposed by the Commission




Amendment





A court of a Member State in which recognition 
is sought
 of a decision given in another Member State may stay the proceedings if an ordinary appeal against the decision has been lodged.


A court of a Member State in which recognition of a decision given in another Member State 
is sought
 may stay the proceedings if an ordinary appeal against the decision has been lodged 
in the Member State of origin
.





(Corresponds to Article 42 of Regulation (EU) No 650/2012 and AM 81 of the report in 2011/0059(CNS).)


Amendment 84


Proposal for a regulation


Article 27








Text proposed by the Commission




Amendment





Decisions given 
and enforceable
 in a Member State and court settlements shall be 
enforced
 in 
the other Member States
 in accordance with Articles 
[38 to 56 and 58] of Regulation (EC) No 44/2001
.


Decisions given in a Member State 
and enforceable in that State
 and court settlements shall be 
enforceable
 in 
another Member State if, on the application of any interested party, they have been declared enforceable there
 in accordance with 
the procedure provided for in
 Articles 
27b to 27o.







(Corresponds to Article 43 of Regulation (EU) No 650/2012 and AM 82 of the report in 2011/0059(CNS).)


Amendment 85


Proposal for a regulation


Article 27 a (new)








Text proposed by the Commission




Amendment





 




Article 27a






 




Determination of domicile






 




To determine whether, for the purposes of the procedure provided for in Articles 27b to 27o, a party is domiciled in the Member State of enforcement, the court seised shall apply the internal law of that Member State.







(Corresponds to Article 44 of Regulation (EU) No 650/2012 and AM 83 of the report in 2011/0059(CNS).)


Amendment 86


Proposal for a regulation


Article 27 b (new)








Text proposed by the Commission




Amendment





 




Article 27b






 




Jurisdiction of local courts






 




1.
   
The application for a declaration of enforceability shall be submitted to the court or competent authority of the Member State of enforcement notified by that Member State to the Commission in accordance with Article 33.






 




2.
   
The local jurisdiction shall be determined by reference to the place of domicile of the party against whom enforcement is sought, or to the place of enforcement.







(Corresponds to Article 45 of Regulation (EU) No 650/2012 and AM 84 of the report in 2011/0059(CNS).)


Amendment 87


Proposal for a regulation


Article 27 c (new)








Text proposed by the Commission




Amendment





 




Article 27c






 




Procedure






 




1.
   
The application procedure shall be governed by the law of the Member State of enforcement.






 




2.
   
The applicant shall not be required to have a postal address or an authorised representative in the Member State of enforcement.






 




3.
   
The application shall be accompanied by the following documents:






 










(a)






a copy of the decision which satisfies the conditions necessary to establish its authenticity;










 










(b)






the attestation issued by the court or competent authority of the Member State of origin using the form to be established in accordance with the advisory procedure referred to in Article 33c(2), without prejudice to Article 27d.











(Corresponds to Article 46 of Regulation (EU) No 650/2012 and AM 85 of the report in 2011/0059(CNS).)


Amendment 88


Proposal for a regulation


Article 27 d (new)








Text proposed by the Commission




Amendment





 




Article 27d






 




Non-production of the attestation






 




1.
   
If the attestation referred to in point (b) of Article 27c(3) is not produced, the court or competent authority may specify a deadline for its production or accept an equivalent document or, if it considers that it has sufficient information before it, dispense with its production.






 




2.
   
If the court or competent authority so requires, a translation of the documents shall be produced. The translation shall be done by a person qualified to do translations in one of the Member States.







(Corresponds to Article 47 of Regulation (EU) No 650/2012 and AM 86 of the report in 2011/0059(CNS).)


Amendment 89


Proposal for a regulation


Article 27 e (new)








Text proposed by the Commission




Amendment





 




Article 27e






 




Declaration of enforceability






 




The decision shall be declared enforceable immediately on completion of the formalities in Article 27c without any review under Article 22. The party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application.







(Corresponds to Article 48 of Regulation (EU) No 650/2012 and AM 87 of the report in 2011/0059(CNS).)


Amendment 90


Proposal for a regulation


Article 27 f (new)








Text proposed by the Commission




Amendment





 




Article 27f






 




Notice of the decision on the application for a declaration of enforceability






 




1.
   
The decision on the application for a declaration of enforceability shall forthwith be brought to the notice of the applicant in accordance with the procedure laid down by the law of the Member State of enforcement.






 




2.
   
The declaration of enforceability shall be served on the party against whom enforcement is sought, accompanied by the decision, if not already served on that party.







(Corresponds to Article 49 of Regulation (EU) No 650/2012 and AM 88 of the report in 2011/0059(CNS).)


Amendment 91


Proposal for a regulation


Article 27 g (new)








Text proposed by the Commission




Amendment





 




Article 27 g






 




Appeal against the decision on the application for a declaration of enforceability






 




1.
   
The decision on the application for a declaration of enforceability may be appealed against by either party.






 




2.
   
The appeal shall be lodged with the court communicated by the Member State concerned to the Commission in accordance with Article 33.






 




3.
   
The appeal shall be dealt with in accordance with the rules governing procedure in contradictory matters.






 




4.
   
If the party against whom enforcement is sought fails to appear before the appellate court in proceedings concerning an appeal brought by the applicant, Article 11 shall apply, even where the party against whom enforcement is sought is not domiciled in any of the Member States.






 




5.
   
An appeal against the declaration of enforceability shall be lodged within 30 days of service thereof. If the party against whom enforcement is sought is domiciled in a Member State other than that in which the declaration of enforceability was given, the time for appealing shall be 60 days and shall run from the date of service, either on him or her in person or at his or her residence. No extension may be granted on account of distance.







(Corresponds to Article 50 of Regulation (EU) No 650/2012 and AM 89 of the report in 2011/0059(CNS).)


Amendment 92


Proposal for a regulation


Article 27 h (new)








Text proposed by the Commission




Amendment





 




Article 27h






 




Procedure to contest the decision given on appeal






 




The decision given on the appeal may be contested only by the procedure communicated by the Member State concerned to the Commission in accordance with Article 33.







(Corresponds to Article 51 of Regulation (EU) No 650/2012 and AM 90 of the report in 2011/0059(CNS).)


Amendment 93


Proposal for a regulation


Article 27 i (new)








Text proposed by the Commission




Amendment





 




Article 27i






 




Refusal or revocation of a declaration of enforceability






 




The court with which an appeal is lodged under Article 27 g or Article 27h shall refuse or revoke a declaration of enforceability only on one of the grounds specified in Article 22. It shall give its decision without delay.







(Corresponds to Article 52 of Regulation (EU) No 650/2012 and AM 91 of the report in 2011/0059(CNS).)


Amendment 94


Proposal for a regulation


Article 27 j (new)








Text proposed by the Commission




Amendment





 




Article 27j






 




Staying of proceedings






 




The court with which an appeal is lodged under Article 27 g or Article 27h shall, on the application of the party against whom enforcement is sought, stay the proceedings if the enforceability of the decision is suspended in the Member State of origin by reason of an appeal.







(Corresponds to Article 52 of Regulation (EU) No 650/2012 and AM 92 of the report in 2011/0059(CNS).)


Amendment 95


Proposal for a regulation


Article 27 k (new)








Text proposed by the Commission




Amendment





 




Article 27k






 




Provisional, including protective, measures






 




1.
   
When a decision must be recognised in accordance with this Section, nothing shall prevent the applicant from availing himself or herself of provisional, including protective, measures in accordance with the law of the Member State of enforcement without a declaration of enforceability under Article 27e being required.






 




2.
   
The declaration of enforceability shall carry with it by operation of law the power to proceed to any protective measures.






 




3.
   
During the time specified for an appeal pursuant to Article 27 g(5) against the declaration of enforceability and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures against the property of the party against whom enforcement is sought.







(Corresponds to Article 54 of Regulation (EU) No 650/2012 and AM 93 of the report in 2011/0059(CNS).)


Amendment 96


Proposal for a regulation


Article 27 l (new)








Text proposed by the Commission




Amendment





 




Article 27l






 




Partial enforceability






 




1.
   
Where a decision has been given in respect of several matters and the declaration of enforceability cannot be given for all of them, the court or competent authority shall give it for one or more of them.






 




2.
   
An applicant may request a declaration of enforceability limited to parts of a decision.







(Corresponds to Article 55 of Regulation (EU) No 650/2012 and AM 94 of the report in 2011/0059(CNS).)


Amendment 97


Proposal for a regulation


Article 27 m (new)








Text proposed by the Commission




Amendment





 




Article 27m






 




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 any proceedings for a declaration of enforceability, to benefit from the most favourable legal aid or the most extensive exemption from costs or expenses provided for by the law of the Member State of enforcement.







(Corresponds to Article 56 of Regulation (EU) No 650/2012 and AM 95 of the report in 2011/0059(CNS).)


Amendment 98


Proposal for a regulation


Article 27 n (new)








Text proposed by the Commission




Amendment





 




Article 27n






 




No security, bond or deposit






 




No security, bond or deposit, however described, shall be required of a party who in one Member State applies for recognition, enforceability or enforcement of a decision given in another Member State on the ground that he or she is a foreign national or that he or she is not domiciled or resident in the Member State of enforcement.







(Corresponds to Article 57 of Regulation (EU) No 650/2012 and AM 96 of the report in 2011/0059(CNS).)


Amendment 99


Proposal for a regulation


Article 27 o (new)








Text proposed by the Commission




Amendment





 




Article 27o






 




No charge, duty or fee






 




In proceedings for the issue of a declaration of enforceability, no charge, duty or fee calculated by reference to the value of the matter at issue may be levied in the Member State of enforcement.







(Corresponds to Article 58 of Regulation (EU) No 650/2012 and AM 97 of the report in 2011/0059(CNS).)


Amendment 100


Proposal for a regulation


Article 28








Text proposed by the Commission




Amendment







Recognition
 of authentic instruments




Acceptance
 of authentic instruments




1.   Authentic instruments 
drawn up
 in a Member State shall 
be recognised
 in 
the other
 Member 
States, unless their validity is disputed in accordance with the applicable law, and
 provided 
such recognition
 is not manifestly contrary to public policy in the Member State 
addressed
.


1.   Authentic instruments 
established
 in a Member State shall 
have the same evidentiary effects
 in 
another
 Member 
State as they have in the Member State of origin or the most comparable effects
, provided 
this
 is not manifestly contrary to public policy in the Member State 
concerned
.




 




A person wishing to use an authentic instrument in another Member State may ask the authority establishing the authentic instrument in the Member State of origin to fill in the form to be established in accordance with the advisory procedure referred to in Article 33(2) describing the evidentiary effects which the authentic instrument produces in the Member State of origin.






 




1a.
   
Any challenge relating to the authenticity of an authentic instrument shall be made before the courts of the Member State of origin and shall be decided upon under the law of that State. The authentic instrument challenged shall not produce any evidentiary effect in another Member State as long as the challenge is pending before the competent court.






 




1b.
   
Any challenge relating to the legal acts or legal relationships recorded in an authentic instrument shall be made before the courts having jurisdiction under this Regulation and shall be decided upon under the law applicable pursuant to Chapter III or the law referred to in Article 32. The authentic instrument challenged shall not produce any evidentiary effect in a Member State other than the Member State of origin as regards the matter being challenged as long as the challenge is pending before the competent court.






 




1c.
   
If the outcome of proceedings in a court of a Member State depends on the determination of an incidental question relating to the legal acts or legal relationships recorded in an authentic instrument in property regime matters, that court shall have jurisdiction over that question.








2.
   
The recognition of authentic instruments confers on them evidentiary effect with regard to their contents and a presumption of validity.




 





(Corresponds to Article 59 of Regulation (EU) No 650/2012 and AM 98 of the report in 2011/0059(CNS).)


Amendment 101


Proposal for a regulation


Article 29 — paragraph 1








Text proposed by the Commission




Amendment





1.   Authentic instruments 
drawn up and
 enforceable in 
one
 Member State shall
, on request,
 be declared enforceable in another Member State 
following
 the procedure 
set out
 in Articles 
[38 to 57] of Regulation (EC) No 44/2001
.


1.   
An
 authentic 
instrument which is
 enforceable in 
the
 Member State 
of origin
 shall be declared enforceable in another Member State 
on the application of any interested party in accordance with
 the procedure 
provided for
 in Articles 
27b
 to 
27o
.




 




1a.
   
For the purposes of point (b) of Article 27c(3), the authority which established the authentic instrument shall, on the application of any interested party, issue an attestation using the form to be established in accordance with the advisory procedure referred to in Article 33(2).






2.   The court with which an appeal is lodged under 
Articles [43 and 44] of Regulation (EC) No 44/2001 may
 refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy in the Member State 
addressed
.


2.   The court with which an appeal is lodged under 
Article 27 g or Article 27h shall
 refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy in the Member State 
of enforcement
.





(Corresponds to Article 60 of Regulation (EU) No 650/2012 and AM 99 of the report in 2011/0059(CNS).)


Amendment 102


Proposal for a regulation


Article 30








Text proposed by the Commission




Amendment





Recognition and enforceability of court settlements


Enforceability of court settlements




Court settlements 
that
 are enforceable in the Member State of origin shall be 
recognised and
 declared enforceable in another Member State 
at the request
 of any interested party 
under the same conditions as authentic instruments
. The court with which an appeal is lodged under Article [42 or 44] of Regulation (EC) No 44/2001 may refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to public policy in the Member State 
addressed
.




1.
   Court settlements 
which
 are enforceable in the Member State of origin shall be declared enforceable in another Member State 
on the application
 of any interested party 
in accordance with the procedure provided for in Articles 27b to 27o
.




 




1a.
   
For the purposes of point (b) of Article 27c(3), the court which approved the settlement or before which it was concluded shall, on the application of any interested party, issue an attestation using the form to be established in accordance with the advisory procedure referred to in Article 33c(2).






 




1b.
   The court with which an appeal is lodged under 
Article 27 g or Article 27h shall
 refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to 
the
 public policy 
(ordre public) of
 the Member State 
of enforcement.







(Corresponds to Article 61 of Regulation (EU) No 650/2012 and AM 100 of the report in 2011/0059(CNS).)


Amendment 103


Proposal for a regulation


Article 31 — title








Text proposed by the Commission




Amendment







Effects in respect of
 third parties




Protection of
 third parties





(Corresponds AM 101 of the report in 2011/0059(CNS).)


Amendment 104


Proposal for a regulation


Article 31 — paragraph 1








Text proposed by the Commission




Amendment





1.   The property consequences of a registered partnership for a legal relationship between a partner and a third party are governed by the law 
of the State where the partnership was registered in accordance with Article 15
.


1.   The property consequences of a registered partnership for a legal relationship between a partner and a third party are governed by the law 
applicable to property regimes of registered partnerships under this Regulation
.





Amendment 105


Proposal for a regulation


Article 31 — paragraph 2








Text proposed by the Commission




Amendment





2.   However, 
the law of a Member State may provide that
 the law applicable 
may not be relied on by a partner in dealings with a third party if one or other of the partners or
 the third party 
has
 their habitual residence in the 
territory of that Member
 State 
and the conditions of disclosure or registration provided for in the law of that State are
 not 
satisfied, unless the third party was aware of or ought to have been aware of
 the law applicable to the property 
consequences
 of the registered partnership.


2.   However, 
in a legal relationship between a partner and a third party, neither of the partners may rely on
 the law applicable 
to the property regime of a registered partnership if the partner in a legal relationship with
 the third party 
and the third party have
 their habitual residence in the 
same
 State, 
which is
 not the 
State whose
 law 
is
 applicable to the property 
regime
 of the registered partnership. 
In such cases, the law of the Member State where the partner concerned and the third party have their habitual residence shall apply to the effects of the property regime on the third party.







(Corresponds AM 102 of the report in 2011/0059(CNS).)


Amendment 106


Proposal for a regulation


Article 31 — paragraph 3








Text proposed by the Commission




Amendment





3.   
The law of the Member State in which immovable property is located may provide for a similar rule to that laid down in paragraph 2 in respect of the legal relationship between a partner and a third party in respect of that property.




3.   
Paragraph 2 shall not apply if:






 










(a)






the third party was aware, or ought to have been aware, of the law applicable to the property regime of a registered partnership;










 










(b)






the requirements concerning registration or disclosure of the property regime of the registered partnership in accordance with the law of the State of the habitual residence of the third party and the partner in a legal relationship with the third party were fulfilled, or










 










(c)






in dealings concerning immovable property, the requirements concerning registration or disclosure of the property regime of the registered partnership in respect of the immovable property in accordance with the law of the State of the location of the immovable property were fulfilled.











(Corresponds AM 103 of the report in 2011/0059(CNS).)


Amendment 107


Proposal for a regulation


Article - 32 (new)








Text proposed by the Commission




Amendment





 




Article - 32






 




Habitual residence






 




1.
   
For the purposes of this Regulation, the habitual residence of companies, associations and legal persons shall be the place of their central administration. The habitual residence of natural persons acting in the course of their business activities shall be their principal place of business.






 




2.
   
Where the legal relationship is concluded in the course of the operations of a branch, agency or any other establishment, or if, under the contract, performance is the responsibility of such branch, agency or establishment, the place where the branch, agency or any other establishment is located shall be treated as the place of habitual residence.






 




3.
   
For the purposes of determining the habitual residence, the relevant point in time shall be the time of conclusion of the legal relationship.







(Corresponds AM 104 of the report in 2011/0059(CNS).)


Amendment 108


Proposal for a regulation


Article 33 — paragraph 1 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






the names and contact details of the courts or authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 27b(1) and with appeals against decisions on such applications in accordance with Article 27 g(2);











(Corresponds to Article 78(1), point (a), of Regulation (EU) No 650/2012 and AM 105 of the report in 2011/0059(CNS).)


Amendment 109


Proposal for a regulation


Article 33 — paragraph 1 — point b b (new)








Text proposed by the Commission




Amendment





 










(bb)






the procedures to contest the decision given on appeal referred to in Article 27h.











Amendment 110


Proposal for a regulation


Article 33 — paragraph 2








Text proposed by the Commission




Amendment





2.   Member States shall 
notify
 the Commission of any subsequent changes 
in
 this information.


2.   Member States shall 
apprise
 the Commission of any subsequent changes 
to
 this information.





Amendment 111


Proposal for a regulation


Article 33 — paragraph 3








Text proposed by the Commission




Amendment





3.   The Commission shall make all information communicated in accordance with paragraphs 1 and 2 publicly available by appropriate means, in particular through the multilingual internet site of the European Judicial Network in civil and commercial matters.


3.   The Commission shall make all information communicated in accordance with paragraphs 1 and 2 publicly available 
in a simple manner
 by appropriate means, in particular through the multilingual internet site of the European Judicial Network in civil and commercial matters.




 




The Member States shall ensure that the information on that multilingual website is also accessible through any official website they set up, in particular by providing a link to the Commission website.







(Corresponds to Article 78(3) of Regulation (EU) No 650/2012 and AM 108 of the report in 2011/0059(CNS).)


Amendment 112


Proposal for a regulation


Article 33 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 




3a.
   
The Commission shall introduce an information and training tool for the relevant court officials and legal practitioners by setting up an interactive portal in all official languages of the institutions of the Union, including a system for sharing professional expertise and practices.







(Corresponds to AM 109 of the report in 2011/0059(CNS).)


Amendment 113


Proposal for a regulation


Article 33 a (new)








Text proposed by the Commission




Amendment





 




Article 33a






 




Establishment and subsequent amendment of the list containing the information referred to in Article 2(1a)






 




1.
   
The Commission shall, on the basis of the notifications by the Member States, establish the list of the other authorities and legal professionals referred to in Article 2(1a).






 




2.
   
The Member States shall notify the Commission of any subsequent changes to the information contained in that list. The Commission shall amend the list accordingly.






 




3.
   
The Commission shall publish the list and any subsequent amendments in the Official Journal of the European Union.






 




4.
   
The Commission shall make all information notified in accordance with paragraphs 1 and 2 publicly available through any other appropriate means, in particular through the European Judicial Network in civil and commercial matters.







(Corresponds to Article 79 of Regulation (EU) No 650/2012 and AM 110 of the report in 2011/0059(CNS).)


Amendment 114


Proposal for a regulation


Article 33 b (new)








Text proposed by the Commission




Amendment





 




Article 33b






 




Establishment and subsequent amendment of the attestations and forms referred to in Articles 27c, 28, 29 and 30






 




The Commission shall adopt implementing acts establishing and/or subsequently amending the attestations and forms referred to in Articles 27c, 28, 29 and 30. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 33c(2).







(Corresponds to Article 80 of Regulation (EU) No 650/2012 and AM 111 of the report in 2011/0059(CNS).)


Amendment 115


Proposal for a regulation


Article 33 c (new)








Text proposed by the Commission




Amendment





 




Article 33c






 




Committee procedure






 




1.
   
The Commission shall be assisted by a committee. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.






 




2.
   
Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.







(Corresponds to Article 81 of Regulation (EU) No 650/2012 and AM 112 of the report in 2011/0059(CNS).)


Amendment 116


Proposal for a regulation


Article 34 — paragraph 1 — subparagraph 1 a (new)








Text proposed by the Commission




Amendment





 




The Commission shall investigate the following issues in its reports:






 








—




the use made by registered partnerships of the opportunities to agree on the choice of law and court and its practical impact,










 








—




the effectiveness of the advisory requirement in the choice of law,










 








—




the use made of the possibility of lack of jurisdiction by the courts of those Member States which do not recognise the institution of registered partnership, and the practical impact of this, and










 








—




the potential for further convergence of the rules laid down in this Regulation with those laid down in [the Regulation on jurisdiction, applicable law, recognition and enforcement of decisions in matters of matrimonial property regimes], with the objective of increasing equality.











Amendment 117


Proposal for a regulation


Article 35 — paragraph 3








Text proposed by the Commission




Amendment





3.   Chapter III shall apply only to partners who have 
registered their partnership.




3.   Chapter III shall apply only to 
registered
 partners who
, following the date of application of this Regulation,
 have




 










(a)






entered into a registered partnership, or










 










(b)






made a choice of law with respect to the law applicable to their property regime.










 




An agreement on the choice of law made prior to [date of application of this Regulation] shall likewise be valid if it meets the conditions set out in Chapter III or if it is valid under the law applicable in accordance with the relevant rules of private international law at the time when the agreement on the choice of law is concluded.






 




Where an agreement on the choice of law has been concluded prior to [date of application of this Regulation] in anticipation of the possibility of choosing the law provided for in this Regulation, but that agreement was not valid under the law applicable in accordance with the relevant rules of private international law at the time when the agreement on the choice of law was concluded because no possibility of making a choice of law for registered partnerships existed under the applicable law, that agreement shall be valid as from [date of application of this Regulation].








(1)  

OJ L 201, 27.7.2012, p. 107.



(2)  

OJ L 55, 28.2.2011, p. 13.