Article 1 Scope
1. This Regulation applies in civil matters of: (a) divorce, legal separation or marriage annulment; (b) the attribution, exercise, delegation, restriction or termination of parental responsibility. 2. The matters referred to in point (b) of paragraph 1 may, in particular, include: (a) rights of custody and rights of access; (b) guardianship, curatorship and similar institutions; (c) the designation and functions of any person or body having charge of the person or property of a child, or representing or assisting a child; (d) the placement of a child in institutional or foster care; (e) measures for the protection of the child relating to the administration, conservation or disposal of the property of a child. 3. Chapters III and VI of this Regulation apply where the wrongful removal or retention of a child concerns more than one Member State, complementing the 1980 Hague Convention. Chapter IV of this Regulation applies to decisions ordering the return of a child to another Member State pursuant to the 1980 Hague Convention which have to be enforced in a Member State other than the Member State where the decision was given. 4. This Regulation does not apply to: (a) the establishment or the contesting of a parent-child relationship; (b) decisions on adoption, measures preparatory to adoption, or the annulment or revocation of adoption; (c) the name and forenames of a child; (d) emancipation; (e) maintenance obligations; (f) trusts or succession; (g) measures taken as a result of criminal law offences committed by children.
Article 2 Definitions
1. For the purposes of this Regulation 'decision' means a decision of a court of a Member State, including a decree, order or judgment, granting divorce, legal separation, or annulment of a marriage, or concerning matters of parental responsibility. For the purposes of Chapter IV, 'decision' includes: (a) a decision given in one Member State and ordering the return of a child to another Member State pursuant to the 1980 Hague Convention which has to be enforced in a Member State other than the Member State where the decision was given; (b) provisional, including protective, measures ordered by a court which by virtue of this Regulation has jurisdiction as to the substance of the matter or measures ordered in accordance with Article 27(5) in conjunction with Article 15; For the purposes of Chapter IV, 'decision' does not include provisional, including protective, measures ordered by such a court without the respondent being summoned to appear, unless the decision containing the measure is served on the respondent prior to enforcement. 2. For the purposes of this Regulation the following definitions also apply: (1) 'court' means any authority in any Member State with jurisdiction in the matters falling within the scope of this Regulation; (2) 'authentic instrument' means a document which has been formally drawn up or registered as an authentic instrument in any Member State in the matters falling within the scope of this Regulation and the authenticity of which: (a) relates to the signature and the content of the instrument; and (b) has been established by a public authority or other authority empowered for that purpose. The Member States shall communicate those authorities to the Commission in accordance with Article 103; (3) 'agreement' means, for the purposes of Chapter IV, a document which is not an authentic instrument, has been concluded by the parties in the matters falling within the scope of this Regulation and has been registered by a public authority as communicated to the Commission by a Member State in accordance with Article 103 for that purpose; (4) 'Member State of origin' means the Member State in which the decision has been given, the authentic instrument has been formally drawn up or registered, or the agreement has been registered; (5) 'Member State of enforcement' means the Member State in which enforcement of the decision, authentic instrument or agreement is sought; (6) 'child' means any person below the age of 18 years; (7) 'parental responsibility' means all rights and duties relating to the person or the property of a child which are given to a natural or legal person by a decision, by operation of law or by an agreement having legal effect, including rights of custody and rights of access; (8) 'holder of parental responsibility' means any person, institution or other body having parental responsibility for a child; (9) 'rights of custody' includes rights and duties relating to the care of the person of a child and in particular the right to determine the place of residence of a child; (10) 'rights of access' means rights of access to a child, including the right to take a child to a place other than his or her habitual residence for a limited period of time; (11) 'wrongful removal or retention' means the removal or retention of a child where: (a) such removal or retention is in breach of rights of custody acquired by decision, by operation of law or by an agreement having legal effect under the law of the Member State where the child was habitually resident immediately before the removal or retention; and (b) at the time of removal or retention, the rights of custody were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention. 3. For the purposes of Articles 3, 6, 10, 12, 13, 51, 59, 75, 94 and 102 the concept of 'domicile' replaces the concept of 'nationality' for Ireland and the United Kingdom, and it has the same meaning as under each of the legal systems of those Member States.
Article 3 General jurisdiction
In matters relating to divorce, legal separation or marriage annulment, jurisdiction shall lie with the courts of the Member State: (a) in whose territory: (i) the spouses are habitually resident, (ii) the spouses were last habitually resident, insofar as one of them still resides there, (iii) the respondent is habitually resident, (iv) in the event of a joint application, either of the spouses is habitually resident, (v) the applicant is habitually resident if he or she resided there for at least a year immediately before the application was made, or (vi) the applicant is habitually resident if he or she resided there for at least six months immediately before the application was made and is a national of the Member State in question; or (b) of the nationality of both spouses.
Article 4 Counterclaim
The court before which proceedings are pending on the basis of Article 3 shall also have jurisdiction to examine a counterclaim, insofar as that counterclaim falls within the scope of this Regulation.
Article 5 Conversion of legal separation to divorce
Without prejudice to Article 3, a court of a Member State that has given a decision granting a legal separation shall also have jurisdiction to convert that legal separation to a divorce, if the law of that Member State so provides.
Article 6 Residual jurisdiction
1. Subject to paragraph 2, where no court of a Member State has jurisdiction pursuant to Article 3, 4 or 5, jurisdiction shall be determined, in each Member State, by the laws of that State. 2. A spouse who is habitually resident in the territory of a Member State; or a national of a Member State, may be sued in another Member State only in accordance with Articles 3, 4 and 5. 3. As against a respondent who is not habitually resident in and is not a national of a Member State, any national of a Member State who is habitually resident within the territory of another Member State may, like the nationals of that State, avail himself of the rules of jurisdiction applicable in that State.
Article 7 General jurisdiction
1. The courts of a Member State shall have jurisdiction in matters of parental responsibility over a child who is habitually resident in that Member State at the time the court is seised. 2. Paragraph 1 of this Article shall be subject to Articles 8 to 10.
Article 8 Continuing jurisdiction in relation to access rights
1. Where a child moves lawfully from one Member State to another and acquires a new habitual residence there, the courts of the Member State of the child's former habitual residence shall, by way of exception to Article 7, retain jurisdiction, for three months following the move, to modify a decision on access rights given in that Member State before the child moved if the person granted access rights by the decision continues to have his or her habitual residence in the Member State of the child's former habitual residence. 2. Paragraph 1 shall not apply if the holder of access rights referred to in paragraph 1 has accepted the jurisdiction of the courts of the Member State of the child's new habitual residence by participating in proceedings before those courts without contesting their jurisdiction.
Article 9 Jurisdiction in cases of the wrongful removal or retention of a child
Without prejudice to Article 10, in the case of the wrongful removal or retention of a child, the courts of the Member State where the child was habitually resident immediately before the wrongful removal or retention shall retain their jurisdiction until the child has acquired a habitual residence in another Member State and: (a) each person, institution or other body having rights of custody has acquiesced in the removal or retention; or (b) the child has resided in that other Member State for a period of at least one year after the person, institution or other body having rights of custody has had or should have had knowledge of the whereabouts of the child and the child is settled in his or her new environment and at least one of the following conditions is met: (i) within one year after the holder of rights of custody has had or should have had knowledge of the whereabouts of the child, no application for return has been lodged with the competent authorities of the Member State to which the child has been removed or where the child is being retained; (ii) an application for return lodged by the holder of rights of custody has been withdrawn and no new application has been lodged within the time limit set in point (i); (iii) an application for return lodged by the holder of rights of custody was refused by a court of a Member State on grounds other than point (b) of Article 13(1) or Article 13(2) of the 1980 Hague Convention and that decision is no longer subject to ordinary appeal; (iv) no court was seised as referred to in Article 29(3) and (5) in the Member State where the child was habitually resident immediately before the wrongful removal or retention; (v) a decision on rights of custody that does not entail the return of the child has been given by the courts of the Member State where the child was habitually resident immediately before the wrongful removal or retention.
Article 10 Choice of court
1. The courts of a Member State shall have jurisdiction in matters of parental responsibility where the following conditions are met: (a) the child has a substantial connection with that Member State, in particular by virtue of the fact that: (i) at least one of the holders of parental responsibility is habitually resident in that Member State; (ii) that Member State is the former habitual residence of the child; or (iii) the child is a national of that Member State; (b) the parties, as well as any other holder of parental responsibility have: (i) agreed freely upon the jurisdiction, at the latest at the time the court is seised; or (ii) expressly accepted the jurisdiction in the course of the proceedings and the court has ensured that all the parties are informed of their right not to accept the jurisdiction; and (c) the exercise of jurisdiction is in the best interests of the child. 2. A choice of court agreement pursuant to point (b) of paragraph 1 shall be in writing, dated and signed by the parties concerned or included in the court record in accordance with national law and procedure. Any communication by electronic means which provides a durable record of the agreement shall be equivalent to 'writing'. Persons who become parties to the proceedings after the court was seised may express their agreement after the court was seised. In the absence of their opposition, their agreement shall be regarded as implicit. 3. Unless otherwise agreed by the parties, the jurisdiction conferred in paragraph 1 shall cease as soon as: (a) the decision given in those proceedings is no longer subject to ordinary appeal; or (b) the proceedings have come to an end for another reason. 4. The jurisdiction conferred in point (b)(ii) of paragraph 1 shall be exclusive.
Article 11 Jurisdiction based on presence of the child
1. Where the habitual residence of a child cannot be established and jurisdiction cannot be determined on the basis of Article 10, the courts of the Member State where the child is present shall have jurisdiction. 2. The jurisdiction under paragraph 1 shall also apply to refugee children or children internationally displaced because of disturbances occurring in their Member State of habitual residence.
Article 12 Transfer of jurisdiction to a court of another Member State
1. In exceptional circumstances, a court of a Member State having jurisdiction as to the substance of the matter may, upon application from a party or of its own motion, if it considers that a court of another Member State with which the child has a particular connection would be better placed to assess the best interests of the child in the particular case, stay the proceedings or a specific part thereof and either: (a) set a time limit for one or more of the parties to inform the court of that other Member State of the pending proceedings and the possibility to transfer jurisdiction and to introduce an application before that court; or (b) request a court of another Member State to assume jurisdiction in accordance with paragraph 2. 2. The court of the other Member State may, where due to the specific circumstances of the case this is in the best interests of the child, accept jurisdiction within six weeks after: (a) its seisure in accordance with point (a) of paragraph 1; or (b) receipt of the request in accordance with point (b) of paragraph 1. The court second seised or requested to accept jurisdiction shall inform the court first seised without delay. If it accepts, the court first seised shall decline jurisdiction. 3. The court first seised shall continue to exercise its jurisdiction if it has not received the acceptance of jurisdiction by the court of the other Member State within seven weeks after: (a) the time limit set for the parties to introduce an application before a court of another Member State in accordance with point (a) of paragraph 1 has expired; or (b) that court has received the request in accordance with point (b) of paragraph 1. 4. For the purposes of paragraph 1, the child shall be considered to have a particular connection with a Member State if that Member State: (a) has become the habitual residence of the child after the court referred to in paragraph 1 was seised; (b) is the former habitual residence of the child; (c) is the State of the nationality of the child; (d) is the habitual residence of a holder of parental responsibility; or (e) is the place where property of the child is located and the case concerns measures for the protection of the child relating to the administration, conservation or disposal of that property. 5. Where exclusive jurisdiction of the court was established under Article 10 that court cannot transfer the jurisdiction to the court of another Member State.
Article 13 Request for transfer of jurisdiction by a court of a Member State not having jurisdiction
1. In exceptional circumstances and without prejudice to Article 9, if a court of a Member State which does not have jurisdiction under this Regulation, but with which the child has a particular connection in accordance with Article 12(4), considers that it is better placed to assess the best interests of the child in the particular case, it may request a transfer of jurisdiction from the court of the Member State of the habitual residence of the child. 2. Within six weeks following receipt of the request pursuant to paragraph 1, the requested court may accept to transfer its jurisdiction, if it considers that due to the specific circumstances of the case such a transfer is in the best interests of the child. Where the requested court accepts to transfer jurisdiction, it shall inform the requesting court without delay. In the absence of such acceptance within the timeframe, the requesting court shall not have jurisdiction.
Article 14 Residual jurisdiction
Where no court of a Member State has jurisdiction pursuant to Articles 7 to 11, jurisdiction shall be determined, in each Member State, by the laws of that Member State.
Article 15 Provisional, including protective, measures in urgent cases
1. In urgent cases, even if the court of another Member State has jurisdiction as to the substance of the matter, the courts of a Member State shall have jurisdiction to take provisional, including protective, measures which may be available under the law of that Member State in respect of: (a) a child who is present in that Member State; or (b) property belonging to a child which is located in that Member State. 2. In so far as the protection of the best interests of the child so requires, the court having taken the measures referred to in paragraph 1 of this Article shall, without delay, inform the court or competent authority of the Member State having jurisdiction pursuant to Article 7 or, where appropriate, any court of a Member State exercising jurisdiction under this Regulation as to the substance of the matter, either directly in accordance with Article 86 or through the Central Authorities designated pursuant to Article 76. 3. The measures taken pursuant to paragraph 1 shall cease to apply as soon as the court of the Member State having jurisdiction under this Regulation as to the substance of the matter has taken the measures it considers appropriate. Where appropriate, that court may inform the court having taken provisional, including protective, measures, either directly in accordance with Article 86 or through the Central Authorities designated pursuant to Article 76, of its decision.
Article 16 Incidental questions
1. If the outcome of proceedings in a matter not falling within the scope of this Regulation before a court of a Member State depends on the determination of an incidental question relating to parental responsibility, a court in that Member State may determine that question for the purposes of those proceedings even if that Member State does not have jurisdiction under this Regulation. 2. The determination of an incidental question pursuant to paragraph 1 shall produce effects only in the proceedings for which that determination was made. 3. If the validity of a legal act undertaken or to be undertaken on behalf of a child in succession proceedings before a court of a Member State requires permission or approval by a court, a court in that Member State may decide whether to permit or approve such a legal act even if it does not have jurisdiction under this Regulation. 4. Article 15(2) shall apply accordingly.
Article 17 Seising of a court
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 or she was required to take to have service effected on the respondent; (b) if the document has to be served before being lodged with the court, at the time when it is received 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; or (c) if the proceedings are instituted of the court's own motion, at the time when the decision to institute 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.
Article 18 Examination as to jurisdiction
Where a court of a Member State is seised of a case over which it has no jurisdiction as to the substance of the matter under this Regulation and over which a court of another Member State has jurisdiction as to the substance of the matter under this Regulation, it shall declare of its own motion that it has no jurisdiction.
Article 19 Examination as to admissibility
1. Where a respondent habitually resident in a State other than the Member State where the proceedings were instituted does not enter an appearance, the court with jurisdiction shall stay the proceedings so long as it is not shown that the respondent has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him or her to arrange for his or her defence, or that all necessary steps have been taken to this end. 2. Article 19 of Regulation (EC) No 1393/2007 shall apply instead of paragraph 1 of this Article if the document instituting the proceedings or an equivalent document had to be transmitted from one Member State to another pursuant to that Regulation. 3. Where Regulation (EC) No 1393/2007 is not applicable, Article 15 of the Hague Convention of 15 November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters shall apply if the document instituting the proceedings or an equivalent document had to be transmitted abroad pursuant to that Convention.
Article 20 Lis pendens and dependent actions
1. Where proceedings relating to divorce, legal separation or marriage annulment between the same parties are instituted before courts of different Member States, the court second seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established. 2. Except where the jurisdiction of one of the courts is based solely on Article 15, where proceedings relating to parental responsibility relating to the same child and involving the same cause of action are instituted before courts of different Member States, the court second seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established. 3. Where the jurisdiction of the court first seised is established, the court second seised shall decline jurisdiction in favour of the court first seised. In that case, the party who instituted proceedings before the court second seised may bring those proceedings before the court first seised. 4. Where a court of a Member State on which an acceptance of jurisdiction as referred to in Article 10 confers exclusive jurisdiction is seised, any court of another Member State shall stay the proceedings until such time as the court seised on the basis of the agreement or acceptance declares that it has no jurisdiction under the agreement or acceptance. 5. Where and to the extent that the court has established exclusive jurisdiction in accordance with an acceptance of jurisdiction as referred to in Article 10, any court of another Member State shall decline jurisdiction in favour of that court.
Article 21 Right of the child to express his or her views
1. When exercising their jurisdiction under Section 2 of this Chapter, the courts of the Member States shall, in accordance with national law and procedure, provide the child who is capable of forming his or her own views with a genuine and effective opportunity to express his or her views, either directly, or through a representative or an appropriate body. 2. Where the court, in accordance with national law and procedure, gives a child an opportunity to express his or her views in accordance with this Article, the court shall give due weight to the views of the child in accordance with his or her age and maturity.
Article 22 Return of the child under the 1980 Hague Convention
Where a person, institution or other body alleging a breach of rights of custody applies, either directly or with the assistance of a Central Authority, to the court in a Member State for a decision on the basis of the 1980 Hague Convention ordering the return of a child under 16 years that has been wrongfully removed or retained in a Member State other than the Member State where the child was habitually resident immediately before the wrongful removal or retention, Articles 23 to 29, and Chapter VI, of this Regulation shall apply and complement the 1980 Hague Convention.
Article 23 Receipt and processing of applications by Central Authorities
1. The requested Central Authority shall act expeditiously in processing an application, based on the 1980 Hague Convention, as referred to in Article 22. 2. Where the Central Authority of the requested Member State receives an application referred to in Article 22, it shall, within five working days from the date of receipt of the application, acknowledge receipt. It shall, without undue delay, inform the Central Authority of the requesting Member State or the applicant, as appropriate, what initial steps have been or will be taken to deal with the application, and may request any further necessary documents and information.
Article 24 Expeditious court proceedings
1. A court to which an application for the return of a child referred to in Article 22 is made shall act expeditiously in proceedings on the application, using the most expeditious procedures available under national law. 2. Without prejudice to paragraph 1 a court of first instance shall,, except where exceptional circumstances make this impossible, give its decision no later than six weeks after it is seised. 3. Except where exceptional circumstances make this impossible, a court of higher instance shall give its decision no later than six weeks after all the required procedural steps have been taken and the court is in a position to examine the appeal, whether by hearing or otherwise.
Article 25 Alternative dispute resolution
As early as possible and at any stage of the proceedings, the court either directly or, where appropriate, with the assistance of the Central Authorities, shall invite the parties to consider whether they are willing to engage in mediation or other means of alternative dispute resolution, unless this is contrary to the best interests of the child, it is not appropriate in the particular case or would unduly delay the proceedings.
Article 26 Right of the child to express his or her views in return proceedings
Article 21 of this Regulation shall also apply in return proceedings under the 1980 Hague Convention.
Article 27 Procedure for the return of a child
1. A court cannot refuse to return a child unless the person seeking the return of the child has been given an opportunity to be heard. 2. The court may, at any stage of the proceedings, in accordance with Article 15, examine whether contact between the child and the person seeking the return of the child should be ensured, taking into account the best interests of the child. 3. Where a court considers refusing to return a child solely on the basis of point (b) of Article 13(1) of the 1980 Hague Convention, it shall not refuse to return the child if the party seeking the return of the child satisfies the court by providing sufficient evidence, or the court is otherwise satisfied, that adequate arrangements have been made to secure the protection of the child after his or her return. 4. For the purposes of paragraph 3 of this Article, the court may communicate with the competent authorities of the Member State where the child was habitually resident immediately before the wrongful removal or retention, either directly in accordance with Article 86 or with the assistance of Central Authorities. 5. Where the court orders the return of the child, the court may, where appropriate, take provisional, including protective, measures in accordance with Article 15 of this Regulation in order to protect the child from the grave risk referred to in point (b) of Article 13(1) of the 1980 Hague Convention, provided that the examining and taking of such measures would not unduly delay the return proceedings. 6. A decision ordering the return of the child may be declared provisionally enforceable, notwithstanding any appeal, where the return of the child before the decision on the appeal is required by the best interests of the child.
Article 28 Enforcement of decisions ordering the return of a child
1. An authority competent for enforcement to which an application for the enforcement of a decision ordering the return of a child to another Member State is made shall act expeditiously in processing the application. 2. Where a decision as referred to in paragraph 1 has not been enforced within six weeks of the date when the enforcement proceedings were initiated, the party seeking enforcement or the Central Authority of the Member State of enforcement shall have the right to request a statement of the reasons for the delay from the authority competent for enforcement.
Article 29 Procedure following a refusal to return the child under point (b) of Article 13(1) and Article 13(2) of the 1980 Hague Convention
1. This Article shall apply where a decision refusing the return of a child to another Member State is based solely on point (b) of Article 13(1), or on Article 13(2), of the 1980 Hague Convention. 2. The court giving a decision as referred to in paragraph 1 shall, of its own motion, issue a certificate using the form set out in Annex I. The certificate shall be completed and issued in the language of the decision. The certificate may also be issued in another official language of the institutions of the European Union requested by a party. This does not create any obligation for the court issuing the certificate to provide a translation or transliteration of the translatable content of the free text fields. 3. If, at the time the court gives a decision as referred to in paragraph 1, a court in the Member State where the child was habitually resident immediately before the wrongful removal or retention has already been seised of proceedings to examine the substance of rights of custody, the court, if it is aware of these proceedings, shall, within one month of the date of the decision referred to in paragraph 1, transmit to the court of that Member State, either directly or through the Central Authorities the following documents: (a) a copy of its decision as referred to in paragraph 1; (b) the certificate issued pursuant to paragraph 2; and (c) where applicable, a transcript, summary or minutes of the hearings before the court and any other documents it considers relevant. 4. The court in the Member State where the child was habitually resident immediately before the wrongful removal or retention may, where necessary, require a party to provide a translation or transliteration, in accordance with Article 91, of the decision as referred to in paragraph 1 and any other document attached to the certificate in accordance with point (c) of paragraph 3 of this Article. 5. If, in cases other than those referred to in paragraph 3, within three months of the notification of a decision as referred to in paragraph 1, one of the parties seises a court in the Member State where the child was habitually resident immediately before the wrongful removal or retention in order for the court to examine the substance of rights of custody, the following documents shall be submitted to the court by that party: (a) a copy of the decision as referred to in paragraph 1; (b) the certificate issued pursuant to paragraph 2; and (c) where applicable, a transcript, summary or minutes of the hearings before the court which refused the return of the child. 6. Notwithstanding a decision on non-return as referred to in paragraph 1, any decision on the substance of rights of custody resulting from proceedings referred to in paragraphs 3 and 5 which entails the return of the child shall be enforceable in another Member State in accordance with Chapter IV.
Article 30 Recognition of a decision
1. A decision given in a Member State shall be recognised in the other Member States without any special procedure being required. 2. In particular, and without prejudice to paragraph 3, no special procedure shall be required for updating the civil-status records of a Member State on the basis of a decision relating to divorce, legal separation or marriage annulment given in another Member State, and against which no further appeal lies under the law of that Member State. 3. Any interested party may, in accordance with the procedures provided for in Articles 59 to 62 and, where appropriate, Section 5 of this Chapter and Chapter VI, apply for a decision that there are no grounds for refusal of recognition referred to in Articles 38 and 39. 4. The local jurisdiction of the court communicated by each Member State to the Commission pursuant to Article 103 shall be determined by the law of the Member State in which proceedings in accordance with paragraph 3 of this Article are brought. 5. Where the recognition of a decision is raised as an incidental question before a court of a Member State, that court may determine that issue.
Article 31 Documents to be produced for recognition
1. A party who wishes to invoke in a Member State a decision given in another Member State shall produce the following: (a) a copy of the decision which satisfies the conditions necessary to establish its authenticity; and (b) the appropriate certificate issued pursuant to Article 36. 2. The court or competent authority before which a decision given in another Member State is invoked may, where necessary, require the party invoking it to provide a translation or transliteration, in accordance with Article 91, of the translatable content of the free text fields of the certificate referred to in point (b) of paragraph 1 of this Article. 3. The court or competent authority before which a decision given in another Member State is invoked may require the party to provide a translation or transliteration, in accordance with Article 91, of the decision in addition to a translation or transliteration of the translatable content of the free text fields of the certificate if it is unable to proceed without such a translation or transliteration.
Article 32 Absence of documents
1. If the documents specified in Article 31(1) are not produced, the court or competent authority may specify a time for its production, accept equivalent documents 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 or transliteration, in accordance with Article 91, of such equivalent documents shall be produced.
Article 33 Stay of proceedings
The court before which a decision given in another Member State is invoked may stay its proceedings, in whole or in part, where: (a) an ordinary appeal against that decision has been lodged in the Member State of origin; or (b) an application has been submitted for a decision that there are no grounds for refusal of recognition referred to in Articles 38 and 39 or for a decision that the recognition is to be refused on the basis of one of those grounds.
Article 34 Enforceable decisions
1. A decision in matters of parental responsibility given in a Member State which is enforceable in that Member State shall be enforceable in the other Member States without any declaration of enforceability being required. 2. For the purposes of enforcement in another Member State of a decision granting rights of access, the court of origin may declare the decision provisionally enforceable notwithstanding any appeal.
Article 35 Documents to be produced for enforcement
1. For the purposes of enforcement in a Member State of a decision given in another Member State, the party seeking enforcement shall provide the authority competent for enforcement with: (a) a copy of the decision, which satisfies the conditions necessary to establish its authenticity; and (b) the appropriate certificate issued pursuant to Article 36. 2. For the purposes of enforcement in a Member State of a decision given in another Member State ordering a provisional, including a protective, measure, the party seeking enforcement shall provide the authority competent for enforcement with: (a) a copy of the decision, which satisfies the conditions necessary to establish its authenticity; (b) the appropriate certificate issued pursuant to Article 36, certifying that the decision is enforceable in the Member State of origin and that the court of origin: (i) has jurisdiction as to the substance of the matter; or (ii) has ordered the measure in accordance with Article 27(5) in conjunction with Article 15; and (c) where the measure was ordered without the respondent being summoned to appear, proof of service of the decision. 3. The authority competent for enforcement may, where necessary, require the party seeking enforcement to provide a translation or transliteration, in accordance with Article 91, of the translatable content of the free text fields of the certificate which specifies the obligation to be enforced. 4. The authority competent for enforcement may require the party seeking enforcement to provide a translation or transliteration, in accordance with Article 91, of the decision if it is unable to proceed without such a translation or transliteration.
Article 36 Issuance of the certificate
1. The court of a Member State of origin as communicated to the Commission pursuant to Article 103 shall, upon application by a party, issue a certificate for: (a) a decision in matrimonial matters using the form set out in Annex II; (b) a decision in matters of parental responsibility using the form set out in Annex III; (c) a decision ordering the return of a child as referred to in point (a) of Article 2(1), and, where applicable, any provisional, including protective, measures ordered in accordance with Article 27(5) accompanying the decision using the form set out in Annex IV. 2. The certificate shall be completed and issued in the language of the decision. The certificate may also be issued in another official language of the institutions of the European Union requested by the party. This does not create any obligation for the court issuing the certificate to provide a translation or transliteration of the translatable content of the free text fields. 3. No challenge shall lie against the issuance of the certificate.
Article 37 Rectification of the certificate
1. The court of a Member State of origin as communicated to the Commission pursuant to Article 103 shall, upon application, and may, of its own motion, rectify the certificate where, due to a material error or omission, there is a discrepancy between the decision to be enforced and the certificate. 2. The law of the Member State of origin shall apply to the procedure for rectification of the certificate.
Article 38 Grounds for refusal of recognition of decisions in matrimonial matters
The recognition of a decision relating to a divorce, legal separation or marriage annulment shall be refused: (a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked; (b) where it was given in default of appearance, if the respondent 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 the respondent to arrange for his or her defence unless it is determined that the respondent has accepted the decision unequivocally; (c) if it is irreconcilable with a decision given in proceedings between the same parties in the Member State in which recognition is invoked; or (d) if it is irreconcilable with an earlier decision given in another Member State or in a non-Member State between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State in which recognition is invoked.
Article 39 Grounds for refusal of recognition of decisions in matters of parental responsibility
1. The recognition of a decision in matters of parental responsibility shall be refused: (a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the best interests of the child; (b) where it was given in default of appearance if the person in default 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 that person to arrange for his or her defence unless it is determined that such person has accepted the decision unequivocally; (c) upon application by any person claiming that the decision infringes his or her parental responsibility, if it was given without such person having been given an opportunity to be heard; (d) if and to the extent that it is irreconcilable with a later decision relating to parental responsibility given in the Member State in which recognition is invoked; (e) if and to the extent that it is irreconcilable with a later decision relating to parental responsibility given in another Member State or in the non-Member State of the habitual residence of the child provided that the later decision fulfils the conditions necessary for its recognition in the Member State in which recognition is invoked; or (f) if the procedure laid down in Article 82 has not been complied with. 2. The recognition of a decision in matters of parental responsibility may be refused if it was given without the child who is capable of forming his or her own views having been given an opportunity to express his or her views in accordance with Article 21, except where: (a) the proceedings only concerned the property of the child and provided that giving such an opportunity was not required in light of the subject matter of the proceedings; or (b) there were serious grounds taking into account, in particular, the urgency of the case.
Article 40 Procedure for refusal of recognition
1. The procedures provided for in Articles 59 to 62 and, where appropriate, Section 5 of this Chapter and Chapter VI shall apply accordingly to an application for refusal of recognition. 2. The local jurisdiction of the court communicated by each Member State to the Commission pursuant to Article 103 shall be determined by the law of the Member State in which proceedings for non-recognition are brought.
Article 41 Grounds for refusal of enforcement of decisions in matters of parental responsibility
Without prejudice to Article 56(6), the enforcement of a decision in matters of parental responsibility shall be refused if one of the grounds for refusal of recognition referred to in Article 39 is found to exist.
Article 42 Scope
1. This Section applies to the following types of decision provided that they have been certified in the Member State of origin in accordance with Article 47: (a) decisions in so far as they grant rights of access; and (b) decisions pursuant to Article 29(6) in so far as they entail the return of the child. 2. This Section shall not prevent a party from seeking recognition and enforcement of a decision referred to in paragraph 1 in accordance with the provisions on recognition and enforcement laid down in Section 1 of this Chapter.
Article 43 Recognition
1. A decision referred to in Article 42(1) given in a Member State shall be recognised in the other Member States without any special procedure being required and without any possibility of opposing its recognition unless and to the extent that the decision is found to be irreconcilable with a later decision as referred to in Article 50. 2. A party who wishes to invoke in a Member State a decision referred to in Article 42(1) given in another Member State shall produce the following: (a) a copy of the decision, which satisfies the conditions necessary to establish its authenticity; and (b) the appropriate certificate issued pursuant to Article 47. 3. Article 31(2) and (3) shall apply accordingly.
Article 44 Stay of proceedings
The court before which a decision referred to in Article 42(1) given in another Member State is invoked may stay its proceedings, in whole or in part, where: (a) an application has been submitted alleging the irreconcilability of that decision with a later decision as referred to in Article 50; or (b) the person against whom enforcement is sought has applied, in accordance with Article 48, for the withdrawal of a certificate issued pursuant to Article 47.
Article 45 Enforceable decisions
1. A decision referred to in Article 42(1) given in a Member State which is enforceable in that Member State shall be enforceable under this Section in the other Member States without any declaration of enforceability being required. 2. For the purposes of enforcement in another Member State of a decision referred to in point (a) of Article 42(1), the courts of the Member State of origin may declare the decision provisionally enforceable notwithstanding any appeal.
Article 46 Documents to be produced for enforcement
1. For the purposes of enforcement in a Member State of a decision referred to in Article 42(1) which was given in another Member State, the party seeking enforcement shall provide the authority competent for enforcement with: (a) a copy of the decision, which satisfies the conditions necessary to establish its authenticity; and (b) the appropriate certificate issued pursuant to Article 47. 2. For the purposes of enforcement in a Member State of a decision referred to in point (a) of Article 42(1) which was given in another Member State, the authority competent for enforcement may, where necessary, require the applicant to provide a translation or transliteration, in accordance with Article 91, of the translatable content of the free text fields of the certificate which specifies the obligation to be enforced. 3. For the purposes of enforcement in a Member State of a decision referred to in Article 42(1) which was given in another Member State, the authority competent for enforcement may require the applicant to provide a translation or transliteration, in accordance with Article 91, of the decision if it is unable to proceed without such a translation or transliteration.
Article 47 Issuance of the certificate
1. The court that has given a decision as referred to in Article 42(1) shall, upon application by a party, issue a certificate for: (a) a decision granting rights of access, using the form set out in Annex V; (b) a decision on the substance of rights of custody entailing the return of a child and given pursuant to Article 29(6), using the form set out in Annex VI. 2. The certificate shall be completed and issued in the language of the decision. The certificate may also be issued in another official language of the institutions of the European Union requested by a party. This does not create any obligation for the court issuing the certificate to provide a translation or transliteration of the translatable content of the free text fields. 3. The court shall issue the certificate only if the following conditions are met: (a) all parties concerned were given an opportunity to be heard; (b) the child was given an opportunity to express his or her views in accordance with Article 21; (c) where the decision was given in default of appearance either: (i) the person defaulting was served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable that person to arrange for his or her defence; or (ii) it is established that the person defaulting accepted the decision unequivocally. 4. Without prejudice to paragraph 3 of this Article, the certificate for a decision referred to in point (b) of Article 42(1) shall only be issued if, in giving its decision, the court has taken into account the reasons for and the facts underlying the prior decision given in another Member State pursuant to point (b) of Article 13(1), or Article 13(2), of the 1980 Hague Convention. 5. The certificate shall take effect only within the limits of the enforceability of the decision. 6. No challenges other than those referred to in Article 48 shall lie against the issuance of the certificate.
Article 48 Rectification and withdrawal of the certificate
1. The court of the Member State of origin as communicated to the Commission pursuant to Article 103 shall, upon application, and may, of its own motion, rectify the certificate where, due to a material error or omission, there is a discrepancy between the decision and the certificate. 2. The court referred to in paragraph 1 of this Article shall, upon application or of its own motion, withdraw the certificate where it was wrongly granted, having regard to the requirements laid down in Article 47. Article 49 shall apply accordingly. 3. The procedure, including any appeal, with regard to the rectification or withdrawal of the certificate shall be governed by the law of the Member State of origin.
Article 49 Certificate on lack or limitation of enforceability
1. Where and to the extent that a decision certified in accordance with Article 47 has ceased to be enforceable or its enforceability has been suspended or limited, a certificate indicating the lack or limitation of enforceability shall, upon application at any time to the court of the Member State of origin as communicated to the Commission pursuant to Article 103, be issued, using the standard form set out in Annex VII. 2. The certificate shall be completed and issued in the language of the decision. The certificate may also be issued in another official language of the institutions of the European Union requested by a party. This does not create any obligation for the court issuing the certificate to provide a translation or transliteration of the translatable content of the free text fields.
Article 50 Irreconcilable decisions
The recognition and enforcement of a decision referred to in Article 42(1) shall be refused if and to the extent that it is irreconcilable with a later decision relating to parental responsibility concerning the same child which was given: (a) in the Member State in which recognition is invoked; or (b) in another Member State or in the non-Member State of the habitual residence of the child provided that the later decision fulfils the conditions necessary for its recognition in the Member State in which the recognition is invoked.
Article 51 Enforcement procedure
1. Subject to the provisions of this Section, the procedure for the enforcement of decisions given in another Member State shall be governed by the law of the Member State of enforcement. Without prejudice to Articles 41, 50, 56 and 57, a decision given in a Member State which is enforceable in the Member State of origin shall be enforced in the Member State of enforcement under the same conditions as a decision given in that Member State. 2. The party seeking the enforcement of a decision given in another Member State shall not be required to have a postal address in the Member State of enforcement. That party shall be required to have an authorised representative in the Member State of enforcement only if such a representative is mandatory under the law of the Member State of enforcement irrespective of the nationality of the parties.
Article 52 Authorities competent for enforcement
The application for enforcement shall be submitted to the authority competent for enforcement under the law of the Member State of enforcement as communicated by that Member State to the Commission pursuant to Article 103.
Article 53 Partial enforcement
1. A party seeking the enforcement of a decision may apply for partial enforcement of the decision. 2. Where a decision has been given in respect of several matters and enforcement has been refused for one or more of them, enforcement shall nonetheless be possible for the parts of the decision not affected by the refusal. 3. Paragraphs 1 and 2 of this Article shall not be used to enforce a decision ordering the return of a child without also enforcing any provisional, including protective, measures, which have been ordered to protect the child from the risk referred to in point (b) of Article 13(1) of the 1980 Hague Convention.
Article 54 Arrangements for the exercise of rights of access
1. The authorities competent for enforcement or courts of the Member State of enforcement may make arrangements for organising the exercise of rights of access, if the necessary arrangements have not at all or have not sufficiently been made in the decision given by the courts of the Member State having jurisdiction as to the substance of the matter and provided the essential elements of this decision are respected. 2. The arrangements made pursuant to paragraph 1 shall cease to apply following a later decision by the courts of the Member State having jurisdiction as to the substance of the matter.
Article 55 Service of certificate and decision
1. Where enforcement is sought of a decision given in another Member State, the appropriate certificate issued pursuant to Articles 36 or 47 shall be served on the person against whom enforcement is sought prior to the first enforcement measure. The certificate shall be accompanied by the decision, if not already served on that person, and, where applicable, by the details of the arrangement referred to in Article 54(1). 2. Where service has to be effected in a Member State other than the Member State of origin, the person against whom enforcement is sought may request a translation or transliteration of the following: (a) the decision, in order to contest the enforcement; (b) where applicable, the translatable content of the free text fields of the certificate issued pursuant to Article 47, if not written in or accompanied by a translation or transliteration into either a language which he or she understands, or the official language of the Member State in which he or she is habitually resident or, where there are several official languages in that Member State, the official language or one of the official languages of the place where he or she is habitually resident. 3. Where a translation or transliteration is requested under paragraph 2, no measures of enforcement may be taken other than protective measures until that translation or transliteration has been provided to the person against whom enforcement is sought. 4. Paragraphs 2 and 3 shall not apply to the extent that the decision and, where applicable, the certificate referred to in paragraph 1 have already been served on the person against whom enforcement is sought in compliance with the translation or transliteration requirements in paragraph 2.
Article 56 Suspension and refusal
1. The authority competent for enforcement or the court in the Member State of enforcement shall of its own motion or upon application of the person against whom enforcement is sought or, where applicable under national law, of the child concerned suspend the enforcement proceedings where the enforceability of the decision is suspended in the Member State of origin. 2. The authority competent for enforcement or the court in the Member State of enforcement may, upon the application of the person against whom enforcement is sought or, where applicable under national law, of the child concerned, suspend, in whole or in part, the enforcement proceedings for one of the following reasons: (a) an ordinary appeal against the decision has been lodged in the Member State of origin; (b) the time for an ordinary appeal referred to in point (a) has not yet expired; (c) an application for refusal of enforcement based on Article 41, 50 or 57 has been submitted; (d) the person against whom enforcement is sought has applied in accordance with Article 48 for the withdrawal of a certificate issued pursuant to Article 47. 3. Where the authority competent for enforcement or the court suspends the enforcement proceedings for the reason referred to in point (b) of paragraph 2, it may specify the time within which any appeal is to be lodged. 4. In exceptional cases, the authority competent for enforcement or the court may, upon application of the person against whom enforcement is sought or, where applicable under national law, of the child concerned or of any interested party acting in the best interests of the child, suspend the enforcement proceedings if enforcement would expose the child to a grave risk of physical or psychological harm due to temporary impediments which have arisen after the decision was given, or by virtue of any other significant change of circumstances. Enforcement shall be resumed as soon as the grave risk of physical or psychological harm ceases to exist. 5. In the cases referred to in paragraph 4, before refusing enforcement under paragraph 6, the authority competent for enforcement or the court shall take appropriate steps to facilitate enforcement in accordance with national law and procedure and the best interests of the child. 6. Where the grave risk referred to in paragraph 4 is of a lasting nature, the authority competent for enforcement or the court, upon application, may refuse the enforcement of the decision.
Article 57 Grounds for suspension or refusal of enforcement under national law
The grounds for suspension or refusal of enforcement under the law of the Member State of enforcement shall apply in so far as they are not incompatible with the application of Articles 41, 50 and 56.
Article 58 Jurisdiction of authorities or courts competent for refusal of enforcement
1. The application for refusal of enforcement based on Article 39 shall be submitted to the court communicated by each Member State to the Commission pursuant to Article 103. The application for refusal of enforcement based on other grounds set out in or permitted by this Regulation shall be submitted to the authority or the court communicated by each Member State to the Commission pursuant to Article 103. 2. The local jurisdiction of the authority or court communicated by each Member State to the Commission pursuant to Article 103 shall be determined by the law of the Member State in which proceedings in accordance with paragraph 1 of this Article are brought.
Article 59 Application for refusal of enforcement
1. The procedure for making an application for refusal of enforcement shall, in so far as it is not covered by this Regulation, be governed by the law of the Member State of enforcement. 2. The applicant shall provide the authority competent for enforcement or the court with a copy of the decision and, where applicable and possible, the appropriate certificate issued pursuant to Article 36 or 47. 3. The authority competent for enforcement or the court may, where necessary, require the applicant to provide a translation or transliteration, in accordance with Article 91, of the translatable content of the free text fields of the appropriate certificate issued pursuant to Article 36 or 47 which specifies the obligation to be enforced. 4. If the authority competent for enforcement or the court is unable to proceed without a translation or transliteration of the decision, it may require the applicant to provide such a translation or transliteration in accordance with Article 91. 5. The authority competent for enforcement or the court may dispense with the production of the documents referred to in paragraph 2 if: (a) it already possesses them; or (b) it considers it unreasonable to require the applicant to provide them. In the case referred to in point (b) of the first subparagraph, the authority competent for enforcement or the court may require the other party to provide those documents. 6. The party seeking the refusal of enforcement of a decision given in another Member State shall not be required to have a postal address in the Member State of enforcement. That party shall be required to have an authorised representative in the Member State of enforcement only if such a representative is mandatory under the law of the Member State of enforcement irrespective of the nationality of the parties.
Article 60 Expeditious procedures
The authority competent for enforcement or the court shall act without undue delay in procedures concerning the application for refusal of enforcement.
Article 61 Challenge or appeal
1. Either party may challenge or appeal against a decision on the application for refusal of enforcement. 2. The challenge or appeal shall be lodged with the authority or court communicated by the Member State of enforcement to the Commission pursuant to Article 103 as the authority or court with which such a challenge or appeal is to be lodged.
Article 62 Further challenge or appeal
A decision given on the challenge or appeal may only be contested by a challenge or appeal where the courts with which any further challenge or appeal is to be lodged have been communicated by the Member State concerned to the Commission pursuant to Article 103.
Article 63 Stay of proceedings
1. The authority competent for enforcement or the court to which an application for refusal of enforcement is submitted or which hears an appeal lodged under Article 61 or 62 may stay the proceedings for one of the following reasons: (a) an ordinary appeal against the decision has been lodged in the Member State of origin; (b) the time for an ordinary appeal referred to in point (a) has not yet expired; or (c) the person against whom enforcement is sought has applied for the withdrawal in accordance with Article 48 of a certificate issued pursuant to Article 47. 2. Where the authority competent for enforcement or court stays the proceedings for the reason referred to in point (b) of paragraph 1, it may specify the time within which an appeal is to be lodged.
Article 64 Scope
This Section applies in matters of divorce, legal separation and parental responsibility to authentic instruments which have been formally drawn up or registered, and to agreements which have been registered, in a Member State assuming jurisdiction under Chapter II.
Article 65 Recognition and enforcement of authentic instruments and agreements
1. Authentic instruments and agreements on legal separation and divorce which have binding legal effect in the Member State of origin shall be recognised in other Member States without any special procedure being required. Section 1 of this Chapter shall apply accordingly, unless otherwise provided for in this Section. 2. Authentic instruments and agreements in matters of parental responsibility which have binding legal effect and are enforceable in the Member State of origin shall be recognised and enforced in other Member States without any declaration of enforceability being required. Sections 1 and 3 of this Chapter shall apply accordingly, unless otherwise provided for in this Section.
Article 66 Certificate
1. The court or competent authority of the Member State of origin as communicated to the Commission pursuant to Article 103 shall, upon application by a party, issue a certificate for an authentic instrument or agreement: (a) in matrimonial matters using the form set out in Annex VIII; (b) in matters of parental responsibility using the form set out in Annex IX. The certificate referred to in point (b) shall contain a summary of the enforceable obligation contained in the authentic instrument or agreement. 2. The certificate may be issued only if the following conditions are met: (a) the Member State which empowered the public authority or other authority to formally draw up or register the authentic instrument or register the agreement had jurisdiction under Chapter II; and (b) the authentic instrument or agreement has binding legal effect in that Member State. 3. Notwithstanding paragraph 2, in matters of parental responsibility the certificate may not be issued if there are indications that the content of the authentic instrument or agreement is contrary to the best interests of the child. 4. The certificate shall be completed in the language of the authentic instrument or agreement. It may also be issued in another official language of the institutions of the European Union requested by the party. This does not create any obligation for the court or competent authority issuing the certificate to provide a translation or transliteration of the translatable content of the free text fields. 5. If the certificate is not produced, the authentic instrument or agreement shall not be recognised or enforced in another Member State.
Article 67 Rectification and withdrawal of the certificate
1. The court or competent authority of the Member State of origin as communicated to the Commission pursuant to Article 103 shall, upon application, and may, of its own motion, rectify the certificate where, due to a material error or omission, there is a discrepancy between the authentic instrument or agreement and the certificate. 2. The court or competent authority referred to in paragraph 1 of this Article shall, upon application or of its own motion, withdraw the certificate where it was wrongly granted, having regard to the requirements laid down in Article 66. 3. The procedure, including any appeal, with regard to the rectification or withdrawal of the certificate shall be governed by the law of the Member State of origin.
Article 68 Grounds for refusal of recognition or enforcement
1. The recognition of an authentic instrument or agreement on legal separation or divorce shall be refused if: (a) such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked; (b) it is irreconcilable with a decision, an authentic instrument or agreement between the same parties in the Member State in which recognition is invoked; or (c) it is irreconcilable with an earlier decision, authentic instrument or agreement given in another Member State or in a non-Member State between the same parties, provided that the earlier decision, authentic instrument or agreement fulfils the conditions necessary for its recognition in the Member State in which recognition is invoked. 2. The recognition or enforcement of an authentic instrument or agreement in matters of parental responsibility shall be refused: (a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the best interests of the child; (b) upon application by any person claiming that the authentic instrument or agreement infringes his or her parental responsibility, if the authentic instrument was drawn up or registered, or the agreement was concluded and registered, without that person having been involved; (c) if and to the extent that it is irreconcilable with a later decision, authentic instrument or agreement in matters of parental responsibility given in the Member State in which recognition is invoked or enforcement is sought; (d) if and to the extent that it is irreconcilable with a later decision, authentic instrument or agreement in matters of parental responsibility given in another Member State or in the non-Member State of the habitual residence of the child provided that the later decision, authentic instrument or agreement fulfils the conditions necessary for its recognition in the Member State in which recognition is invoked or enforcement is sought. 3. The recognition or enforcement of an authentic instrument or agreement in matters of parental responsibility may be refused if the authentic instrument was formally drawn up or registered, or the agreement was registered, without the child who is capable of forming his or her own views having been given an opportunity to express his or her views.
Article 69 Prohibition of review of jurisdiction of the court of origin
The jurisdiction of the court of the Member State of origin may not be reviewed. The test of public policy referred to in point (a) of Article 38 and point (a) of Article 39 may not be applied to the rules relating to jurisdiction set out in Articles 3 to 14.
Article 70 Differences in applicable law
The recognition of a decision in matrimonial matters may not be refused because the law of the Member State in which such recognition is invoked would not allow divorce, legal separation or marriage annulment on the same facts.
Article 71 Non-review as to substance
Under no circumstances may a decision given in another Member State be reviewed as to its substance.
Article 72 Appeal in certain Member States
Where a decision was given in Ireland, Cyprus or the United Kingdom, any form of appeal available in the Member State of origin shall be treated as an ordinary appeal for the purposes of this Chapter.
Article 73 Costs
This Chapter shall also apply to the determination of the amount of costs and expenses of proceedings under this Regulation and to the enforcement of any order concerning such costs and expenses.
Article 74 Legal aid
1. 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 the procedures provided for in Articles 30(3), 40, and 59, to benefit from the most favourable legal aid or the most extensive exemption from costs and expenses provided for by the law of the Member State of enforcement. 2. An applicant who, in the Member State of origin, has benefited from free proceedings before an administrative authority communicated to the Commission pursuant to Article 103 shall be entitled, in any procedures provided for in Articles 30(3), 40 and 59, to benefit from legal aid in accordance with paragraph 1 of this Article. To that end, that party shall present a statement from the competent authority in the Member State of origin to the effect that he or she fulfils the financial requirements to qualify for the grant of complete or partial legal aid or exemption from costs or expenses.
Article 75 Security, bond or deposit
No security, bond or deposit, however described, shall be required of a party who in one Member State applies for the 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 habitually resident in the Member State of enforcement.
Article 76 Designation of Central Authorities
Each Member State shall designate one or more Central Authorities to assist with the application of this Regulation in matters of parental responsibility and shall specify the geographical or functional jurisdiction of each. Where a Member State has designated more than one Central Authority, communications shall normally be sent directly to the relevant Central Authority with jurisdiction. Where a communication is sent to a Central Authority without jurisdiction, the latter shall forward it to the Central Authority with jurisdiction and inform the sender accordingly.
Article 77 General tasks of Central Authorities
1. Central Authorities shall communicate information on national laws, procedures and services available in matters of parental responsibility and take the measures that they consider appropriate for improving the application of this Regulation. 2. Central Authorities shall cooperate and promote cooperation among the competent authorities in their Member States to achieve the purposes of this Regulation. 3. For the purposes of paragraph 1 and 2, the European Judicial Network in civil and commercial matters may be used.
Article 78 Requests through Central Authorities
1. Central Authorities shall, upon request from a Central Authority of another Member State, cooperate in individual cases to achieve the purposes of this Regulation. 2. Requests pursuant to this Chapter may be made by a court or a competent authority. Requests pursuant to points (c) and (g) of Article 79 and point (c) of Article 80(1) may also be made by holders of parental responsibility. 3. Except in urgent cases and without prejudice to Article 86, requests pursuant to this Chapter shall be submitted to the Central Authority of the Member State of the requesting court or competent authority or of the applicant's habitual residence. 4. This Article shall not preclude Central Authorities or competent authorities from entering into or maintaining existing agreements or arrangements with Central Authorities or competent authorities of one or more other Member States allowing direct communications in their mutual relations. 5. This Chapter shall not preclude any holder of parental responsibility from applying directly to the courts of another Member State. 6. Nothing in Articles 79 and 80 shall impose an obligation on a Central Authority to exercise powers that can be exercised only by judicial authorities under the law of the requested Member State.
Article 79 Specific tasks of requested Central Authorities
Requested Central Authorities shall, acting directly or through courts, competent authorities or other bodies, take all appropriate steps to: (a) provide assistance, in accordance with national law and procedure, in discovering the whereabouts of a child where it appears that the child may be present within the territory of the requested Member State and that information is necessary for carrying out an application or request under this Regulation; (b) collect and exchange information relevant in procedures in matters of parental responsibility under Article 80; (c) provide information and assistance to holders of parental responsibility seeking the recognition and enforcement of decisions in the territory of the requested Central Authority, in particular concerning rights of access and the return of the child, including, where necessary, information about how to obtain legal aid; (d) facilitate communication between courts, competent authorities and other bodies involved, in particular for the application of Article 81; (e) facilitate communication between courts, where necessary, in particular for the application of Articles 12, 13, 15 and 20; (f) provide such information and assistance as is needed by courts and competent authorities to apply Article 82; and (g) facilitate agreement between holders of parental responsibility through mediation or other means of alternative dispute resolution, and facilitate cross-border cooperation to this end.
Article 80 Cooperation on collecting and exchanging information relevant in procedures in matters of parental responsibility
1. Upon a request made with supporting reasons, the Central Authority of the Member State where the child is or was habitually resident or present, directly or through courts, competent authorities or other bodies: (a) shall, where available provide, or draw up and provide a report on: (i) the situation of the child; (ii) any ongoing procedures in matters of parental responsibility for the child; or (iii) decisions taken in matters of parental responsibility for the child; (b) shall provide any other information relevant in procedures in matters of parental responsibility in the requesting Member State, in particular about the situation of a parent, a relative or other person who may be suitable to care for the child, if the situation of the child so requires; or (c) may request the court or competent authority of its Member State to consider the need to take measures for the protection of the person or property of the child. 2. In any case where the child is exposed to a serious danger, the court or competent authority contemplating or having taken measures for the protection of the child, if it is aware that the child's residence has changed to, or that the child is present in, another Member State, shall inform the courts or competent authorities of that other Member State about the danger involved and the measures taken or under consideration. This information may be transmitted directly or through the Central Authorities. 3. The requests referred to in paragraphs 1 and 2 and any additional documents shall be accompanied by a translation into the official language of the requested Member State or, where there are several official languages in that Member State, into the official language or one of the official languages of the place where the request is to be carried out, or any other language that the requested Member State expressly accepts. Member States shall communicate such acceptance to the Commission in accordance with Article 103. 4. Except where exceptional circumstances make this impossible, the information referred to in paragraph 1 shall be transmitted to the requesting Central Authority no later than three months following the receipt of the request.
Article 81 Implementation of decisions in matters of parental responsibility in another Member State
1. A court of a Member State may request the courts or competent authorities of another Member State to assist in the implementation of decisions in matters of parental responsibility given under this Regulation, in particular in securing the effective exercise of rights of access. 2. The request referred to in paragraph 1 and any accompanying documents shall be accompanied by a translation into the official language of the requested Member State or, where there are several official languages in that Member State, into the official language or one of the official languages of the place where the request is to be carried out or any other language that the requested Member State expressly accepts. Member States shall communicate such acceptance to the Commission in accordance with Article 103.
Article 82 Placement of a child in another Member State
1. Where a court or a competent authority contemplates the placement of a child in another Member State, it shall first obtain the consent of the competent authority in that other Member State. To that effect the Central Authority of the requesting Member State shall transmit to the Central Authority of the requested Member State where the child is to be placed a request for consent which includes a report on the child together with the reasons for the proposed placement or provision of care, information on any contemplated funding and any other information it considers relevant, such as the expected duration of the placement. 2. Paragraph 1 shall not apply where the child is to be placed with a parent. Member States may decide that their consent pursuant to paragraph 1 is not required for placements within their own territory with certain categories of close relatives in addition to parents. Those categories shall be communicated to the Commission pursuant to Article 103. 3. The Central Authority of another Member State may inform a court or competent authority which contemplates a placement of a child of a close connection of the child with that Member State. This shall not affect the national law and procedure of the Member State contemplating the placement. 4. The request and any additional documents referred to in paragraph 1 shall be accompanied by a translation into the official language of the requested Member State or, where there are several official languages in that Member State, into the official language or one of the official languages of the place where the request is to be carried out, or any other language that the requested Member State expressly accepts. Member States shall communicate such acceptance to the Commission in accordance with Article 103. 5. The placement referred to in paragraph 1 shall only be ordered or arranged by the requesting Member State after the competent authority of the requested Member State has consented to the placement. 6. Except where exceptional circumstances make this impossible, the decision granting or refusing consent shall be transmitted to the requesting Central Authority no later than three months following the receipt of the request. 7. The procedure for obtaining consent shall be governed by the national law of the requested Member State. 8. This Article shall not preclude Central Authorities or competent authorities from entering into or maintaining existing agreements or arrangements with Central Authorities or competent authorities of one or more other Member States simplifying the consultation procedure for obtaining consent in their mutual relations.
Article 83 Costs of Central Authorities
1. The assistance provided by the Central Authorities pursuant to this Regulation shall be free of charge. 2. Each Central Authority shall bear its own costs in applying this Regulation.
Article 84 Meetings of Central Authorities
1. In order to facilitate the application of this Regulation, Central Authorities shall meet regularly. 2. The meetings of Central Authorities shall be convened, in particular, by the Commission within the framework of the European Judicial Network in civil and commercial matters in compliance with Decision 2001/470/EC.
Article 85 Scope
This Chapter shall apply to the processing of requests and applications under Chapters III to V.
Article 86 Cooperation and communication between courts
1. For the purposes of this Regulation, the courts may cooperate and communicate directly with, or request information directly from, each other provided that such communication respects the procedural rights of the parties to the proceedings and the confidentiality of information. 2. The cooperation referred to in paragraph 1 may be implemented by any means that the court considers appropriate. It may, in particular, concern: (a) communication for the purposes of Articles 12 and 13; (b) information in accordance with Article 15; (c) information on pending proceedings for the purposes of Article 20; (d) communication for the purposes of Chapters III to V.
Article 87 Collection and transmission of information
1. The requested Central Authority shall transmit any application, request or the information contained therein in matters of parental responsibility or international child abduction, as appropriate, pursuant to this Regulation to the court, competent authority within its Member State or any intermediary as appropriate under national law and procedure. 2. Any intermediary, court or competent authority to which the information referred to in paragraph 1 has been transmitted under this Regulation may only use it for the purposes of this Regulation. 3. The intermediary, court or competent authority which holds or is competent to collect, within the requested State, information required to carry out a request or an application pursuant to this Regulation, shall provide that information to the requested Central Authority at its request in cases where the requested Central Authority does not have direct access to the information. 4. The requested Central Authority shall, as necessary, transmit the information obtained pursuant to this Article to the requesting Central Authority in accordance with national law and procedure.
Article 88 Notification of the data subject
Where there is a risk that it may prejudice the effective carrying out of the request or application under this Regulation for which the information was transmitted, the obligation to notify the data subject pursuant to Article 14(1) to (4) of Regulation (EU) 2016/679 may be deferred until the request or application has been carried out.
Article 89 Non-disclosure of information
1. A Central Authority, court or competent authority shall not disclose or confirm information gathered or transmitted for the purposes of Chapters III to VI if it determines that to do so could jeopardise the health, safety or liberty of the child or another person. 2. A determination to that effect made in one Member State shall be taken into account by the Central Authorities, courts and competent authorities of the other Member States, in particular in cases of domestic violence. 3. Nothing in this Article shall impede the gathering and transmitting of information by and between Central Authorities, courts and competent authorities in so far as necessary to carry out the obligations under Chapters III to VI.
Article 90 Legalisation or other similar formality
No legalisation or other similar formality shall be required in the context of this Regulation.
Article 91 Languages
1. Without prejudice to point (a) of Article 55(2), where a translation or a transliteration is required under this Regulation, such translation or transliteration shall be into the official language of the Member State concerned or, where there are several official languages in that Member State, into the official language or one of the official languages of court proceedings of the place where a decision given in another Member State is invoked or an application is made, in accordance with the law of that Member State. 2. The translations or transliterations of the translatable content of the free text fields of the certificates referred to in Articles 29, 36, 47, 49 and 66) may be into any other official language or languages of the institutions of the European Union that the Member State concerned has communicated in accordance with Article 103 it can accept. 3. Member States shall communicate to the Commission the official language or languages of the institutions of the European Union other than their own in which communications to the Central Authorities can be accepted. 4. Any translation required for the purposes of Chapters III and IV shall be done by a person qualified to do translations in one of the Member States.
Article 92 Amendments to the Annexes
The Commission is empowered to adopt delegated acts in accordance with Article 93 concerning the amendment of Annexes I to IX in order to update or to make technical changes to those Annexes.
Article 93 Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 92 shall be conferred on the Commission for an indeterminate period of time from 22 July 2019. 3. The delegation of power referred to in Article 92 may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it to the Council. 6. A delegated act adopted pursuant to Article 92 shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the Council or if, before the expiry of that period, the Council has informed the Commission that it will not object. That period shall be extended by two months at the initiative of the Council. 7. The European Parliament shall be informed of the adoption of delegated acts by the Commission, of any objection formulated to them, or of the revocation of the delegation of powers by the Council.
Article 94 Relations with other instruments
1. Subject to the provisions of paragraph 2 of this Article and Articles 95 to 100, this Regulation shall, for the Member States, supersede conventions existing at the time of entry into force of Regulation (EC) No 2201/2003 which have been concluded between two or more Member States and relate to matters governed by this Regulation. 2. Finland and Sweden were provided with the option of declaring in accordance with Article 59(2) of Regulation (EC) No 2201/2003 and subject to the conditions set out in points (b) and (c) of that provision that the Convention of 6 February 1931 between Denmark, Finland, Iceland, Norway and Sweden comprising international private law provisions on marriage, adoption and guardianship, together with the Final Protocol thereto, will apply, in whole or in part, in their mutual relations, in place of the rules of that Regulation. Their respective declarations have been published in the Official Journal of the European Union as an annex to Regulation (EC) No 2201/2003. They may be withdrawn, in whole or in part, at any moment by the said Member States. 3. The rules of jurisdiction in any future agreement to be concluded between the Member States referred to in paragraph 2 which relate to matters governed by this Regulation shall be in line with those laid down in this Regulation. 4. The principle of non-discrimination on the grounds of nationality between citizens of the Union shall be respected. 5. Decisions handed down in any of the Nordic States which have made the declaration provided for in paragraph 2 under a forum of jurisdiction corresponding to one of those laid down in Chapter II, shall be recognised and enforced in the other Member States under the rules laid down in Section 1 of Chapter IV. 6. Member States shall send to the Commission: (a) a copy of the agreements and uniform laws implementing these agreements referred to in paragraph 3; (b) any denunciations of, or amendments to, the agreements and uniform laws referred to in paragraphs 2 and 3. Such information shall be published in the Official Journal of the European Union .
Article 95 Relations with certain multilateral conventions
In relations between Member States, this Regulation shall take precedence over the following Conventions in so far as they concern matters governed by this Regulation: (a) the Hague Convention of 5 October 1961 concerning the Powers of Authorities and the Law Applicable in respect of the Protection of Minors; (b) the Luxembourg Convention of 8 September 1967 on the Recognition of Decisions Relating to the Validity of Marriages; (c) the Hague Convention of 1 June 1970 on the Recognition of Divorces and Legal Separations; (d) the European Convention of 20 May 1980 on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children.
Article 96 Relation with the 1980 Hague Convention
Where a child has been wrongfully removed to, or is being wrongfully retained in, a Member State other than the Member State where the child was habitually resident immediately before the wrongful removal or retention, the provisions of the 1980 Hague Convention shall continue to apply as complemented by the provisions of Chapters III and VI of this Regulation. Where a decision ordering the return of the child pursuant to the 1980 Hague Convention which was given in a Member State has to be recognised and enforced in another Member State following a further wrongful removal or retention of the child, Chapter IV shall apply.
Article 97 Relation with the 1996 Hague Convention
1. As concerns the relation with the 1996 Hague Convention, this Regulation shall apply: (a) subject to paragraph 2 of this Article , where the child concerned has his or her habitual residence in the territory of a Member State; (b) as concerns the recognition and enforcement of a decision given by a court of a Member State in the territory of another Member State, even if the child concerned has his or her habitual residence in the territory of a State which is a contracting Party to the said Convention and in which this Regulation does not apply. 2. Notwithstanding paragraph 1, (a) where the parties have agreed upon the jurisdiction of a court of a State Party to the 1996 Hague Convention in which this Regulation does not apply, Article 10 of that Convention shall apply; (b) with respect to the transfer of jurisdiction between a court of a Member State and a court of a State Party to the 1996 Hague Convention in which this Regulation does not apply, Articles 8 and 9 of that Convention shall apply; (c) where proceedings relating to parental responsibility are pending before a court of a State Party to the 1996 Hague Convention in which this Regulation does not apply at the time when a court of a Member State is seised of proceedings relating to the same child and involving the same cause of action, Article 13 of that Convention shall apply.
Article 98 Scope of effect
1. The agreements and conventions referred to in Articles 94 to 97 shall continue to have effect in relation to matters not governed by this Regulation. 2. The conventions referred to in Articles 95 to 97 of this Regulation, in particular the 1980 and 1996 Hague Conventions, shall continue to have effect between the Member States which are Party thereto, in compliance with Articles 95 to 97 of this Regulation.
Article 99 Treaties with the Holy See
1. This Regulation shall apply without prejudice to the International Treaty (Concordat) between the Holy See and Portugal, signed at the Vatican City on 18 May 2004. 2. Any decision as to the invalidity of a marriage taken under the Treaty referred to in paragraph 1 shall be recognised in the Member States on the conditions laid down in Subsection 1 of Section 1 of Chapter IV. 3. The provisions laid down in paragraphs 1 and 2 shall also apply to the following international treaties with the Holy See: (a) 'Concordato lateranense' of 11 February 1929 between Italy and the Holy See, modified by the agreement with additional Protocol signed in Rome on 18 February 1984; (b) Agreement between the Holy See and Spain on legal affairs of 3 January 1979; (c) Agreement between the Holy See and Malta on the recognition of civil effects to canonical marriages and to decisions of ecclesiastical authorities and tribunals on those marriages of 3 February 1993, including the Protocol of application of the same date, with the third Additional Protocol of 27 January 2014. 4. Recognition of the decisions provided for in paragraph 2 may, in Spain, Italy or Malta, be subject to the same procedures and the same checks as are applicable to decisions of the ecclesiastical courts handed down in accordance with the international treaties concluded with the Holy See referred to in paragraph 3. 5. Member States shall send to the Commission: (a) a copy of the Treaties referred to in paragraphs 1 and 3; (b) any denunciations of or amendments to those Treaties.
Article 100 Transitional provisions
1. This Regulation shall apply only to legal proceedings instituted, to authentic instruments formally drawn up or registered and to agreements registered on or after 1 August 2022. 2. Regulation (EC) No 2201/2003 shall continue to apply to decisions given in legal proceedings instituted, to authentic instruments formally drawn up or registered and to agreements which have become enforceable in the Member State where they were concluded before 1 August 2022 and which fall within the scope of that Regulation.
Article 101 Monitoring and Evaluation
1. By 2 August 2032, the Commission shall present to the European Parliament, to the Council and to the European Economic and Social Committee a report on the ex post evaluation of this Regulation supported by information supplied by the Member States. The report shall be accompanied, where necessary, by a legislative proposal. 2. As of 2 August 2025, the Member States shall provide the Commission upon request, where available, with information relevant for the evaluation of the operation and application of this Regulation on: (a) the number of decisions in matrimonial matters or in matters of parental responsibility in which jurisdiction was based on the grounds laid down in this Regulation; (b) with regard to applications for enforcement of a decision as referred to in Article 28(1), the number of cases where enforcement has not occurred within six weeks from the moment the enforcement proceedings were initiated; (c) the number of applications for refusal of recognition of a decision pursuant to Article 40 and the number of cases in which the refusal of recognition was granted; (d) the number of applications for refusal of enforcement of a decision pursuant to Article 58 and the number of cases in which the refusal of enforcement was granted; (e) the number of appeals lodged pursuant to Articles 61 and 62, respectively.
Article 102 Member States with two or more legal systems
With regard to a Member State in which two or more systems of law or sets of rules concerning matters governed by this Regulation apply in different territorial units: (a) any reference to habitual residence in that Member State shall refer to habitual residence in a territorial unit; (b) any reference to nationality shall refer to the territorial unit designated by the law of that Member State; (c) any reference to the authority of a Member State shall refer to the authority of a territorial unit within that Member State which is concerned; (d) any reference to the rules of the requested Member State shall refer to the rules of the territorial unit in which jurisdiction, recognition or enforcement is invoked.
Article 103 Information to be communicated to the Commission
1. The Member States shall communicate to the Commission the following: (a) any authorities referred to in point (b) of point (2) and point (3) of Article 2(2) and Article 74(2); (b) the courts and authorities competent to issue certificates as referred to in Article 36(1) and Article 66 and the courts competent to rectify certificates as referred to in Article 37(1), Article 48(1), 49, and Article 66(3) in conjunction with Article 37(1); (c) the courts referred to in Article 30(3), Article 52, Article 40(1), Article 58(1) and Article 62 as well as the authorities and courts referred to in Article 61(2); (d) the authorities competent for enforcement referred to in Article 52; (e) the redress procedures referred to in Articles 61 and 62; (f) the names, addresses and means of communication for the Central Authorities designated pursuant to Article 76; (g) the categories of close relatives referred to in Article 82(2), where applicable; (h) the languages accepted for communications to Central Authorities pursuant to Article 91(3); (i) the languages accepted for the translations pursuant to Article 80(3), Article 81(2), Article 82(4) and Article 91(2). 2. The Member States shall communicate the information referred to in paragraph 1 to the Commission by 23 April 2021. 3. The Member States shall communicate to the Commission any changes to the information referred to in paragraph 1. 4. The Commission shall make the information referred to in paragraph 1 publicly available through appropriate means, including through the European e-Justice Portal.
Article 104 Repeal
1. Subject to Article 100(2) of this Regulation, Regulation (EC) No 2201/2003 is repealed from 1 August 2022. 2. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex X.
Article 105 Entry into force
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . 2. This Regulation shall apply from 1 August 2022, with the exception of Articles 92, 93 and 103, which shall apply from 22 July 2019.