Republic of Lithuania Law Amending the Title of Chapter Six of the Law on the Implementation of the European Union and International Legal Acts Regulating Civil Proceedings No X-1809 and Supplementing this Law with Articles 12-1 and 12-2


Published: 2014-11-12

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REPUBLIC OF LITHUANIA
 
LAW AMENDING THE TITLE OF CHAPTER SIX OF THE LAW ON THE IMPLEMENTATION OF THE EUROPEAN UNION AND INTERNATIONAL LEGAL ACTS REGULATING CIVIL PROCEEDINGS  NO X-1809 AND SUPPLEMENTING THIS LAW WITH ARTICLES 121 AND 122 
 
11 December 2014 No XII-1413
Vilnius
 
 
Article 1. Amendment of the title of Chapter Six
The title of Chapter Six shall be amended and set forth to read as follows:
 
‘CHAPTER SIX
Implementation of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction and the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children.’
 
Article 2. Supplementation of the Law with Article 121
The Law shall be supplemented with Article 121 as follows:
‘Article 121. Implementation of the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children
1. The Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (hereinafter: ‘the Hague Convention of 19 October 1996’) shall be implemented in the Republic of Lithuania in accordance with the Republic of Lithuania Law on the Ratification of the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children.
2. Judicial decisions of the states signatories to the Hague Convention of 19 October 1996, except for the EU Member States, falling within the scope of the Hague Convention of 19 October 1996, shall be recognised and enforceable in the Republic of Lithuania in accordance with Sections Four, Five and Six of Chapter LX of the Republic of Lithuania Code of Civil Procedure.’
 
Article 3. Supplementation of the Law with Article 122
The Law shall be supplemented with Article 122 as follows:
‘Article 122. Procedure for considering applications for assumption of jurisdiction and applications for transfer of jurisdiction
1. Applications for assumption of jurisdiction from a court of a foreign country and applications for transfer of jurisdiction to a court of a foreign country referred to in Article 15 of the Council Regulation (EC) No 2201/2003 and Articles 8 and 9 of the Hague Convention of 19 October 1996 shall be considered by the Court of Appeal of Lithuania.
2. The applications referred to in paragraph 1 of this Article shall be considered in accordance with the procedure laid down in Chapter XXXIX of the Republic of Lithuania Code of Civil Procedure to the extent that the Council Regulation (EC) No 2201/2003, the Hague Convention of 19 October 1996 and this Law do not provide otherwise. The applications referred to in paragraph 1 of this Article shall not be subject to stamp duty.
3. The applications referred to in paragraph 1 of this Article lodged with the Court of Appeal of Lithuania must comply with the general requirements for procedural documents (Article 111 of the Republic of Lithuania Code of Civil Procedure). In compliance with Article 15 of the Council Regulation (EC) No 2201/2003, the application and the accompanying appendices must be lodged in the state language or translations of these documents into the Lithuanian language must be attached. In compliance with the provisions of Articles 8 and 9 of the Hague Convention of 19 October 1996, the application and the accompanying appendices must be lodged in the state language or translations of these documents into the Lithuanian language must be attached and where it is impossible, the application and the accompanying appendices must be lodged in the English language or translations of these documents into the English language must be attached. Where the applicant resides outside the Republic of Lithuania and has not appointed a representative in the case or an authorised person to obtain procedural documents who resides/has a professional office in the Republic of Lithuania (Article 805 of the Republic of Lithuania Code of Civil Procedure), the application must indicate an address in the Republic of Lithuania or a telecommunications terminal equipment address at which the procedural documents would be served on the applicant. The requirements established in this paragraph shall not apply to applications lodged with the Court of Appeal of Lithuania by a court of a foreign country.
4. Where appropriate, the Court of Appeal of Lithuania may assign the State Child Rights Protection and Adoption Service under the Ministry of Social Security and Labour of the Republic of Lithuania to submit an opinion on the expedience of assumption of jurisdiction or transfer of jurisdiction. The Court of Appeal of Lithuania shall set a time limit for submission of the opinion referred to in this paragraph.
5. The applications referred to in paragraph 1 of this Article shall be considered by a single judge of the Court of Appeal of Lithuania. Having established that the application was lodged not in compliance with the procedure laid down in the Council Regulation (EC) No 2201/2003, the Hague Convention of 19 October 1996, this Law or the Republic of Lithuania Code of Civil Procedure, the court shall deem it not to have been lodged and shall, by a ruling, return it to the applicant, whereas if the court has already been seised of the application, it shall not be considered. The court shall establish a time limit for elimination of the shortcomings of the application’s form or content (Article 115 of the Republic of Lithuania Code of Civil Procedure), where the applicant resides in the Republic of Lithuania, has indicated an address in the Republic of Lithuania or a telecommunications terminal equipment address at which the procedural documents would be served on the applicant or where he has appointed a representative in the case or an authorised person to obtain procedural documents who resides/has a professional office in the Republic of Lithuania (Article 805 of the Republic of Lithuania Code of Civil Procedure). If the shortcomings are not eliminated within the time limit established by the court, the application shall be deemed to not have been lodged and shall be returned to the applicant, whereas if the court has already been seised of the application, it shall not be considered. The requirements regarding the elimination of the shortcomings of the applications established in this paragraph shall not apply to the applications lodged with the Court of Appeal of Lithuania by a court of a foreign country. The court shall decide regarding the application for assumption of jurisdiction from the court of the foreign country and the application for transfer of jurisdiction to the court of the foreign country by adopting a ruling in written proceedings. The rulings of the Court of Appeal of Lithuania adopted in relation to the applications referred to in paragraph 1 of this Article shall not be subject to appeal.
6. An application must be considered at the Court of Appeal of Lithuania not later than within six weeks of the date of receipt of the application by the court.
7. Having considered an application for assumption of jurisdiction from a court of a foreign country and having adopted a decision to satisfy the application, the Court of Appeal of Lithuania shall, having regard to the circumstances of the case, appoint a competent court of the Republic of Lithuania which will consider the case in the Republic of Lithuania. The proceedings instituted in the court of the foreign country shall be transferred to the competent court of the Republic of Lithuania for consideration as to the substance of the matter. In this case, the provisions of Article 35 of the Republic of Lithuania Code of Civil Procedure shall apply mutatis mutandis and the proceedings shall continue at the competent court of the Republic of Lithuania. Where appropriate, the competent court of the Republic of Lithuania shall establish the procedural position of the persons involved in the proceedings and shall take measures to eliminate the shortcomings of the procedural documents.’
 
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
 
 
PRESIDENT OF THE REPUBLIC                                                    DALIA GRYBAUSKAITĖ