Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
Date: 2013-09-21
Institutions: Denmark, European Community
Subjects: Denmark, civil law, commercial law, enforcement of ruling, judicial cooperation in civil matters in the EU, jurisdiction, mutual recognition principle








L_2013251EN.01000101.xml










21.9.2013   


EN


Official Journal of the European Union


L 251/1







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

According to Article 4 of the Agreement of 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1) (hereinafter ‘the Agreement’), concluded by Council Decision 2006/325/EC (2), whenever implementing measures are adopted pursuant to Article 74(2) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (3), Denmark’s decision on whether or not to implement the content of such measures shall be notified to the Commission.
Commission Implementing Regulation (EU) No 1142/2011 establishing Annexes X and XI to Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (4) was adopted on 10 November 2011. In accordance with Article 3(2) of the Agreement, Denmark has already, by letter of 14 January 2009, notified the Commission of its decision to implement the content of Council Regulation (EC) No 4/2009 (5) to the extent that it amends Regulation (EC) No 44/2001 (6).
In accordance with Article 4 of the Agreement, Denmark has already, by letter of 11 January 2012, notified the Commission of its decision to implement the content of Implementing Regulation (EU) No 1142/2011. This means that the provisions of Implementing Regulation (EU) No 1142/2011 will be applied to relations between the European Union and Denmark (7).
Furthermore, Denmark has, by letter of 20 February 2013 (following a letter of 9 March 2011), made a final notification to the Commission of its competent authorities under Article 2(2) and Article 47(3) of Regulation (EC) No 4/2009 and requested that they be recognised for the purposes of Annexes X and XI of Implementing Regulation (EU) No 1142/2011.
Thus, for the purposes of Annex X to Regulation (EC) No 4/2009 established by the Commission Implementing Regulation (Article 2(2) of Regulation (EC) No 4/2009), the relevant Danish administrative authorities are: The Regional State Administration (Statsforvaltningen) and the Ministry of Social Affairs, Children and Integration (the National Social Appeals Board, Division of Family Affairs) (Social-, Børne- og Integrationsministeriet (Ankestyrelsen, Familieretsafdelingen)). For the purposes of Annex XI to Regulation (EC) No 4/2009 established by the Commission Implementing Regulation (Article 47(3) of Regulation (EC) No 4/2009), the relevant authority is the Ministry of Justice (Justitsministeriet).
Denmark’s notification of the Danish competent authorities to be deemed relevant authorities under Annexes X and XI to Regulation (EC) No 4/2009 established by the Commission Implementing Regulation creates mutual obligations between Denmark and the European Union. Thus, the present adaptations to Article 2(2)(b) and (c) of the Agreement shall enter into force on the date of their publication in the Official Journal of the European Union.


(1)  
            OJ L 299, 16.11.2005, p. 62.

(2)  
            OJ L 120, 5.5.2006, p. 22.

(3)  
            OJ L 12, 16.1.2001, p. 1.

(4)  
            OJ L 293, 11.11.2011, p. 24.

(5)  
            OJ L 7, 10.1.2009, p. 1.

(6)  
            OJ L 149, 12.6.2009, p. 80.

(7)  
            OJ L 195, 18.7.2013, p. 1.