Scope Of The Convention On Jurisdiction, The Applicable Law, Recognition, Enforcement And Cooperation In Respect Of Parental Responsibility And Measures...

Original Language Title: Geltungsbereich des Übereinkommens über die Zuständigkeit, das anzuwendende Recht, die Anerkennung, Vollstreckung und Zusammenarbeit auf dem Gebiet der elterlichen Verantwortung und der Maßnahmen ...

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60. The Federal Chancellor ' s agreement concerning the scope of the Convention on jurisdiction, applicable law, recognition, enforcement and cooperation in matters of parental responsibility and measures relating to the Protection of children of 19. October 1996

According to the communication from the Ministry of Foreign Affairs of the Netherlands, the following states have ratified their ratification and/or ratification of the Convention. Accession instruments to the Convention on jurisdiction, applicable law, recognition, enforcement and cooperation in the field of parental responsibility and measures for the protection of children of 19 October 1996 (BGBl. III No 49/2011):

States:

Date of deposit of the instruments of ratification. Certificate of Accession:

Denmark (excluding Greenland and Faroe Islands)

30 June 2011

Montenegro

14 February 2012

Portugal:

14. April 2011

On the occasion of the deposit of the instrument of accession, these States have expressed the following reservations:

Denmark:

Articles 23, 26 and 52 of the Convention provide a degree of flexibility to the Contracting Parties in order to allow for a simple and rapid procedure for the recognition and enforcement of judgments. Community legislation provides for a recognition and enforcement regime which is at least as favourable as the provisions of the Convention. Accordingly, a decision of a court of a Member State of the European Union in a field covered by the Convention is recognised in Denmark by application of the relevant internal rules of Community law, and It shall be enforced.

In accordance with Article 34 (2), the Kingdom of Denmark declares that the requests referred to in Article 34 (1) are to be sent to its authorities only through its central authority.

In accordance with Article 60 (1), the Kingdom of Denmark declares that it rejects the use of French in Article 54 (2).

The Convention does not apply to Greenland and the Faroe Islands.

In accordance with Article 44, the Kingdom of Denmark shall designate the Central Authority as the authority to which the requests pursuant to Articles 8, 9 and 33 are to be addressed.

Montenegro:

In accordance with Article 34 (2) of the Convention, Montenegro declares that the requests referred to in Article 34 (1) must be submitted to its authorities only through its central authority.

Portugal:

Articles 23, 26 and 52 of the Convention provide a degree of flexibility to the Contracting Parties in order to allow for a simple and rapid procedure for the recognition and enforcement of judgments. Community legislation provides for a recognition and enforcement regime which is at least as favourable as the provisions of the Convention. Accordingly, a decision of a court of a Member State of the European Union in a field covered by the Convention in Portugal shall be recognised by application of the relevant internal rules of Community law, and It shall be enforced.

According to other communications from the Ministry of Foreign Affairs of the Netherlands, the following statements have been made by the following states:

France 1 :

In accordance with Article 52 (1) of the Convention, the French Republic declares that the provisions relating to the applicable law of the Convention take precedence over the provisions of the French Republic signed in Warsaw on 5 April 1967 , and the People's Republic of Poland on the applicable law, jurisdiction and enforcement of judgments in the field of private and family law.

Poland 1 :

In accordance with Article 52 (1), the Republic of Poland declares that the provisions relating to the applicable law of this Convention shall take precedence over the provisions of the Convention between the Republic of Poland and Austria on Mutual Assistance in Civil Matters and on Vienna on 11 December 1963, signed documents, amended by the document on 25 December 1963. Protocol signed in January 1973 2 , you should.

In accordance with Article 52 (1) of the Convention, the Republic of Poland declares that the provisions relating to the applicable law of the Convention shall take precedence over the Treaty provisions between the People's Republic of Poland signed in Warsaw on 21 December 1987 and the Czechoslovak Socialist Republic should have legal assistance and regulation of legal relations in civil, family, labour and criminal matters.

In accordance with Article 52 (1) of the Convention, the Republic of Poland declares that the provisions relating to the applicable law of the Convention shall take precedence over the provisions concluded in Warsaw on 5 April 1967 between the People's Republic of Poland and the Republic of Poland The French Republic on the applicable law, jurisdiction and enforcement of judgments in the field of private and family law.

Czech Republic 1 :

In accordance with Article 52 (1) of the Convention, the Czech Republic declares that the provisions relating to the applicable law of the Convention shall take precedence over the provisions of the Treaty signed in Warsaw on 21 December 1987 between the Czechoslovak Socialist Republic and the People's Republic of Poland on mutual legal assistance and regulation of legal relations in civil, family, labour and criminal matters.

Cyprus 1 :

Articles 23, 26 and 52 of the Convention provide a degree of flexibility to the Contracting Parties in order to allow for a simple and rapid procedure for the recognition and enforcement of judgments. Community legislation provides for a recognition and enforcement regime which is at least as favourable as the provisions of the Convention. Accordingly, a decision of a court of a Member State of the European Union in an area covered by the Convention in Cyprus shall be recognised by application of the relevant internal rules of Community law, and It shall be enforced.

In addition, the following authorities have announced authorities in accordance with Art. 29, Art. 40, Article 44 and Article 45:

Montenegro:

Central Authority pursuant to Art. 29 and Article 44:

Ministry of Labour and Social Welfare

Portugal: 1 :

Determination of the Central Authority:

Direcção-Geral de Reinserção Social do Ministério da Justiça

Avenida Almirante Reis, 72

1150-020 Lisbon

Portugal:

Faymann