Overview (table of contents)



Annex 1











Annex 2











Annex 3









The full text of the law amending the law on the Brussels I Regulation, etc.

(Implementation of the recast Regulation concerning jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, etc.)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

In Act No. 1563 by 20. December 2006 on the Brussels I Regulation, etc. shall be amended as follows: 1. In article 1, the words ' and its implementing measures, in accordance with article 3. Annexes 3 and 4 of this Act, applies here in the country ': ' Lugano Convention, see. Annex 3 to this law, and the obligation to pay maintenance, as referred to in regulation. Annex 4 to this Act shall apply in this country, without prejudice. However, paragraph 2 '.

2. In section 1, the following is inserted as paragraph 2: ' (2). Notwithstanding the provisions of paragraph 1 shall apply the provisions of chapter III of the regulation on the law applicable to maintenance obligations and Chapter VII on cooperation between central authorities do not in this country. The provisions of article 2 on definitions and chapter IX, relating to General and final provisions shall apply only in so far as they relate to jurisdiction, recognition and enforcement of judgments, as well as enforceability, access to justice. '

3. The heading of Chapter 2 shall be replaced by the following:

» Recognition and enforcement under the Brussels I Regulation '.

4. In article 2, paragraph 1, the words ' may be declared enforceable ' is: ' to be enforced '.

5. Article 2, paragraphs 2 and 3 shall be deleted and replaced by: ' (2). Enforcement of a foreign judgment within the scope of the Brussels I Regulation is done with the changes brought about by this law, in accordance with the code of civil procedure rules.

(3). The person against whom enforcement is sought, in accordance with article 41, paragraph 2, and article 46 may request that the enforcement of a judgment in accordance with paragraph 2 shall be refused.

(4). The bailiff's Court decision in accordance with paragraph 3, whether the enforcement of a judgment shall be refused, taken by order. '

6. In section 3, paragraph 1, the words ' enforceability ': ' whether the enforcement of a judgment under section 2, paragraph 3, must be refused ".

7. section 4 is repealed.

8. In paragraph 8, no. 1, shall be inserted after ' requests that ': ' enforcement of ', and ' declared to be enforceable in accordance with article 57 and 58 ' shall be replaced by: ' must be refused in accordance with article 58 and 59 '.

9. In paragraph 8, no. 2, be inserted after ' requests that a ' means ' foreign ' and ' article 33, paragraph 2 ' is replaced by: ' article 36, paragraph 2 '.

10. After Chapter 2 shall be inserted: ' Chapter 2 (a) recognition and enforcement under the Lugano Convention § 8A. Request that a foreign judgment which is the subject of the Lugano Convention, be declared enforceable, shall be submitted to the enforcement court. The request must be in writing.

(2). There can be simultaneously with a request in accordance with paragraph 1, the requested enforcement of the decision in accordance with the code of civil procedure rules.

(3). The bailiff's Court's decision about whether or not the judgment is enforceable, taken by order.

section 8 (b). The bailiff of the Court decision on enforceability may with the changes brought about by this Act, be appealed to the High Court in accordance with the provisions of chapter 37 of the code.

(2). High Court decision can with the changes brought about by this law, and with permission from the procesbevillingsnævnet appealed to the Supreme Court in accordance with the rules in the code of Civil Procedure Act Chapter 37.

(3). The Court to which the decision appealed, giving the parties access to comment. The Court may decide that hearing.

§ 8 c. a judgment declared enforceable, with the changes brought about by this law shall be enforced in accordance with the rules applicable to the enforcement of Danish decisions.

(2). In the meantime, until the deadline for the loved ones of the decision on enforceability has expired, or until any loved ones are definitely, whatever the deadline set in the code of civil procedure § 480 sequestration or other enforcement steps. However, there may not be a compulsory auction of designated goods or otherwise made steps that go beyond to ensure the presence of the gods, in which enforcement can be done. An attachment's place in the order between multiple attachment in the same asset, see. Code of civil procedure § 526, counts at the earliest from the time of the decision, that the foreign judgment is enforceable.

§ 8 d. a decision relating to a civil claim made in another EU-Member State in the context of proceedings against a person for a negligent offence, shall not be recognised or enforced in this country, if the person in question 1) neither is domiciled or is a national of the State, decision 2) has failed to appear, after the Court in the decision, the State has determined that the person concerned must appear in person and 3) have not had the opportunity to pursue its interests during the proceedings.

paragraph 8 (e). There may not in this country be established or enforced transformation penalty for a foreign penalty. The same is true with regard to decisions on the execution of maintenance imposed upon abroad.

§ 8 such a creditor in whole or in part have been granted in the Member State of origin or been exempted from fees and costs, has granted or is exempted from the requirement to pay fees and costs to the same extent during enforcement proceedings.

section 8 g. the rules laid down in this chapter shall apply mutatis mutandis to 1) requests that a court settlement or an authentic instrument may be declared enforceable in accordance with articles 57 and 58 of the Lugano Convention, and 2) requests that a judgment must be recognised in accordance with article 33, paragraph 2, of the Lugano Convention.

Chapter 2 (b) the recognition and enforcement in accordance with the maintenance obligations regulation § 8 h. Request that a foreign judgment, which is subject to the obligation to pay maintenance, as referred to in regulation. § 1 shall be recognised, be declared enforceable and enforced, are treated in this country, without prejudice. (2).

(2). The Minister for Social Affairs and integration can be negotiated with the Attorney lay down detailed provisions on the implementation of the provisions of the regulation, applicable to maintenance obligations here in the country, see. § 1, including on legal assistance and legal aid in such cases.

(3). For the provisions of the regulation, applicable to maintenance obligations here in the country, see. § 1, the regulation includes reference to the Member State also Denmark. '

11. In section 9, paragraph 2, shall be inserted after ' to the Brussels I Regulation ': ' or the Lugano Convention '.

12. In article 9, paragraph 3, shall be inserted after ' to the rules of the Brussels i regulation ': ' or the Lugano Convention '.

13. In paragraph 9 the following paragraph 4 is added: ' (4). The Minister of Justice can decide which countries Act Chapter 2 (a) shall apply in relation to. '

14. Pursuant to section 9 of Chapter 3 is inserted: ' article 9 (a). the Minister for Social Affairs and integration can be negotiated with the Minister of Justice decide to act with the necessary modifications, apply to changes and implementing measures for the rules in this regulation that apply to maintenance obligations here in the country, see. § 1.

(2). The Minister for Social Affairs and integration can be negotiated with the Minister of Justice decide to act with the necessary modifications, apply to conventions on other countries and territories related to the provisions of the regulation, applicable to maintenance obligations here in the country, see. § 1.«

15. Annex 2 shall be replaced by Appendix 1 to this law.

16. Annex 3 shall be replaced by Annex 2 to this Act.

17. Annex 4 shall be replaced by Annex 3 to this law.

§ 2

The law on court fees, see. lovbekendtgørelse nr. 936 of 8. September 2006, as amended, inter alia, by section 12 of Act No. 1563 by 20. December 2006 and most recently by section 3 of Act No. 429 of 1. may 2013, is amended as follows: 1. In section 20, no. 9, inserted before the ' law of the Brussels I Regulation, etc. ': ' chapter 2 (a) in '.

§ 3 paragraph 1. The law shall enter into force on the 1. June 2013.

(2). For cases, authentic instruments and court settlements within the scope of the Brussels I Regulation, see § 1, nr. 1, 3-9 and 15, apply to cases that are brought on 10. January 2015 or later, for authentic instruments issued or registered the 10. January 2015 or later, and for court settlements approved or concluded on 10 June. January 2015 or later. For cases brought, for authentic instruments issued or registered, and to court settlements approved or concluded under the Brussels I Regulation before 10. January 2015, the existing rules apply.

(3). For cases, authentic instruments and court settlements, which is covered by paragraph 2, 2. point, execution activities relating to decisions that a foreign judgment shall be recognised or enforceable in this country, or to a foreign court settlement or authentic instrument is enforceable in this country, be exempt.

(4). Provisions on the application of the Brussels I Regulation and maintenance obligations the regulation laid down on the basis of § 9 (1) and (2) of law No. 1563 by 20. December 2006 on the Brussels I Regulation, etc. shall remain in force until they are replaced by regulations issued pursuant to this Act.

section 4 of the Act does not apply to the Faroe Islands and Greenland.

Given at Christiansborg Palace, 28. may 2013 Under Our Royal hand and Seal MARGRETHE r./Morten Bødskov



Annex 1



' Annex 2



The European Parliament and of the COUNCIL REGULATION (EU) No. 1215/2012



of 12. December 2012



on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters



(recast)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION —


having regard to the Treaty on the functioning of the European Union, and in particular article 67, paragraph 4, and article 81, paragraph 2 (a)), c) and (e)),

having regard to the proposal from the European Commission,

after transmission of the draft legislative act to the national parliaments,

having regard to the opinion of the European economic and Social Committee1),

After the General lovgivningsprocedure2) and

on the basis of the following considerations:

(1) on 21 October. April 2009, the Commission adopted a report on the application of Council Regulation (EC) No 1782/2003. 44/2001 of 22. December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters Territory3). In the report, it was concluded that that regulation generally operates satisfactorily, but that the application of certain provisions should be improved, that the free movement of judgments should be further promoted, and that access to justice should be improved further. When you want to perform a number of amendments to the regulation, it should be recast in the interests of clarity.

(2) the European Council decided at its meeting in Brussels on 10-11. December 2009 a new multiannual programme entitled ' Stockholm programme — an open and secure Europe at the service of the citizens and to their protection ' 4). In the Stockholm programme, the European Council took the view that the process of eliminating all intermediate measures (exequatur) should be continued during the period covered by the programme covers. At the same time as the abolition of exequatur should provide a number of guarantees.

(3) the Union has set itself the objective of maintaining and developing an area of freedom, security and justice, among others. by facilitating access to justice, in particular on the basis of the principle of mutual recognition of judicial and extrajudicial decisions in civil matters. In order gradually to establish such an area, the Union must adopt measures relating to judicial cooperation in civil matters having cross-border implications, particularly when they are necessary for the proper functioning of the internal market.

(4) Certain differences between national rules governing jurisdiction and recognition of judgments inhibitory for the functioning of the internal market. It is essential to have rules that can make the rules governing jurisdiction in civil and commercial matters uniform and ensure rapid and simple recognition and enforcement of judgments given in a Member State.

(5) such provisions fall under judicial cooperation in civil matters within the meaning of article 81 of the Treaty on the functioning of the European Union (TFEU).

(6) in order to attain the objective of free movement of judgments in civil and commercial matters, it is necessary and appropriate that the rules governing jurisdiction and the recognition and enforcement of judgments shall be laid down in a binding and directly applicable Community legal instrument.

(7) the then Member States of the European communities concluded, on 27. September 1968 on the basis of article 220, fourth indent, of the Treaty establishing the European Economic Community Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, later amended by the conventions on accession of new Member States by this convention6) (' the Brussels Convention of 1968 '). The 16. September 1988 included the then Member States of the European communities and certain EFTA States the Lugano Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, including handelssager6) (' the Lugano Convention of 1988 "), which is a parallel Convention to the Brussels Convention of 1968. The Lugano Convention of 1988 took effect for Poland the 1. February 2000.

(8) The 22. December 2000 the Council adopted Regulation (EC) No 1782/2003. 44/2001, which replaces the Brussels Convention of 1968, as regards the Member State territories, covered by the TFEU, and applicable between the Member States, except Denmark. By Council decision 2006/325/EF7) entered the community, an agreement with Denmark, which ensured that the provisions of Regulation (EC) No 1782/2003. 44/2001 came to be applied in Denmark. The Lugano Convention of 1988 was revised by Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, including handelssager8), signed on 30. October 2007 in Lugano of the European Community, Denmark, Iceland, Norway and Switzerland (Lugano Convention of 2007 ').

(9) of the 1968 Brussels Convention continues to apply in respect of the territories of the Member States covered by the Brussels the territorial scope of that Convention and which are excluded from this Regulation pursuant to article 355 TFEU.

(10) the scope of this regulation should cover all the major issues in civil and commercial matters apart from certain well-defined matters, in particular the obligation to pay maintenance, which should not be covered by the scope of this regulation, after the adoption of Council Regulation (EC) No 1782/2003. 4/2009 of 18. December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters of underholdspligt9).

(11) for the purposes of this regulation in the Member States should inform include dishes, which are common to several Member States, such as URf.eks. The Benelux Court of Justice, when it exercises its jurisdiction on matters which fall within the scope of this regulation. Judgments taken by such courts, should therefore be recognised and enforced in accordance with this regulation.

(12) This regulation should not apply to arbitration. Nothing in this regulation should be without prejudice to the right of the courts of a Member State in which an action has been brought regarding a relationship on which the parties have concluded an arbitration agreement, refer the parties to arbitration, exposes or rejects the case or examine whether the arbitration agreement is invalid, out of power or cannot be implemented in accordance with their national legislation.

A judgment given by a court in a Member State as to whether an arbitration agreement is invalid, out of power or cannot be implemented, should not be subject to the provisions on the recognition and enforcement of this regulation, irrespective of whether the Court ruled this as a main issue or as an incidental matter.

On the other hand, if a court or Tribunal of a Member State which has exercised its powers under this regulation or in national laws, have decided that an arbitration agreement is invalid, out of power or cannot be implemented, this should not preclude the Court's decision on the merits of the case are recognized or enforceable, as appropriate, in accordance with this regulation. This should be without prejudice to the competence of courts in the Member States has to take a decision on the recognition and enforcement of arbitration awards in accordance with the Convention on the recognition and enforcement of foreign arbitral awards done the 10. June 1958 in New York (the New York Convention of 1958 "), which shall take precedence in relation to this regulation.

This regulation should not apply to actions or related matters, in particular concerning the establishment of a Court of arbitration, the arbitrators ' powers, the safeguarding of an arbitration procedure, or other aspects of such a procedure, or on cases or decisions concerning cancellation, review, appeal, recognition or enforcement of an arbitration award.

(13) there must be an association between the cases, this Regulation applies and the territory of the Member States. The common rules governing jurisdiction should therefore in principle is applied when the defendant is domiciled in the territory of a Member State.

(14) A defendant who is not domiciled in the territory of a Member State should as a rule be subject to national rules of jurisdiction applicable in the territory of the Member State whose courts are seised.

In order to ensure the protection of consumers and workers, protect the Member States ' jurisdiction of the courts in situations where they have exclusive competence, and to respect the parties ' freedom of contract should, however, certain rules of jurisdiction of this Regulation apply regardless of the defendant's domicile.

(15) the rules of jurisdiction should provide a high degree of predictability and be based on the defendant's domicile as the fundamental criterion. This competence criterion should always be able to be invoked, except in a few well-defined cases where because of the dispute or the interests of the parties ' contractual freedom is entitled to put a different connection torque to the ground. In order to make the common rules more transparent and avoid conflicts of competence should be legal persons domiciled is defined independently.

(16) As competence criterion should be the defendant's domicile shall be supplemented with alternative criteria based on a close attachment to a particular right or in the interests of sound administration of Justice. Criterion close connection should serve to create legal certainty and avoid the possibility that a defendant accused of a Court of a Member State to which he or she could not reasonably foresee. This is particularly important in any disputes regarding non-contractual obligations arising in connection with violations of privacy and rights relating to personality, including defamation.


(17) the owner of a cultural object within the meaning of article 1, paragraph 1, of Council Directive 93/7/EEC of 15 July. March 1993 on the return of cultural objects unlawfully removed from a Member State område10), within the framework of this regulation should be able to bring civil proceedings with a view to the restitution, based on ownership of a cultural object in the courts for the place where the cultural object is located at the time of construction in the court proceedings. Such cases shall be without prejudice to the cases brought pursuant to Directive 93/7/EEC.

(18) For insurance contracts, consumer contracts and contracts of employment, it is desirable to protect the weaker party by means of rules of jurisdiction more favourable to his interests than the General rules provide for.

(19) the freedom to conclude agreements conferring jurisdiction for parties other than the insurance, consumer contracts and contracts of employment, where such a contractual freedom is limited, should be respected, without prejudice to the provisions on exclusive jurisdiction laid down in this regulation.

(20) Occurs that questions whether a jurisdiction agreement in favor of a court or courts of a Member State is materially invalid, should issue is determined in accordance with the legislation of the Member State in which the Court or courts chosen in agreement, are located, including conflict-of-law rules in the Member State concerned.

(21) in the interests of the harmonious administration of justice it is necessary to reduce the possibility of parallel proceedings as much as possible and avoid the adoption of mutually incompatible decisions in different Member States. There should be a clear and effective mechanism to determine cases of lis pendens and interrelated requirements and to remedy problems arising out of the differences between the Member States ' legislation with regard to, at which point a case deemed brought. For the purposes of applying this regulation should by this time be defined independently.

(22) in order to make exclusive choice-of-court agreements more effective and to avoid abuse of litigation in tactical purposes, however, it is necessary to lay down provisions can be made the exception from the general defence of lis pendens-provision of satisfactory to deal with a particular situation, in which there can arise parallel lawsuits. In the case of such a situation, where there are proceedings in a court that is not selected in an exclusive jurisdiction agreement, and the same parties then know the selected right claiming that have the same subject-matter and rests on the same basis. In such a situation should it be a requirement that the Court in which the court first seised, exposing the matter, as soon as the same case is brought before the chosen law, and until the latter law declares that it does not have jurisdiction under the exclusive jurisdiction agreement. In such a situation, the aim is to ensure that the chosen Court has right of first refusal to rule on the validity of the agreement and on the extent to which this agreement applies to the case pending before it. The selected right should be able to continue its examination of the case, regardless of whether or not the chosen Court has already taken a decision on the stay of proceedings.

This exception should not apply to situations where the parties have entered into conflicting exclusive jurisdiction agreements, or where the court first seised chosen in an exclusive jurisdiction agreement. In such cases, this regulation should General lis pendens rule apply.

(23) whereas this regulation lays down the provision for a flexible system in which the courts of Member States may take into account whether a case pending before a court in a third country, and in particular to take account of an orderly administration of Justice and to whether or not any judgment from a third country may be recognized and enforced in the Member State concerned in accordance with the legislation of that Member State.

(24) When account is taken of an orderly administration of Justice, the Court of the Member State concerned shall assess all the circumstances in the case pending before it. Such circumstances may include links between the facts and the parties and the third country concerned, the stage at which the matter in the third country has reached at the time of the proceedings in the Court of the Member State concerned, and whether the law of the third country can be expected to take a decision within a reasonable period of time.

This assessment may also include taking into account the question of whether the right of the third country has within the exclusive competence of the individual case in circumstances where a Court of a Member State would have exclusive jurisdiction.

(25) the concept of provisional, including protective, measures should be URf.eks. include protective orders in order to obtain information and ensure evidence, see. articles 6 and 7 of the European Parliament and of the Council Directive 2004/48/EC of 29 April 2004. April 2004 on the enforcement of intellectual ejendomsrettigheder11). The term should not include measures that are not protective, such as measures for the examination of witnesses. This should not affect the application of Council Regulation (EC) No 1782/2003. 1206/2001 of 28. May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil and commercial spørgsmål12).

(26) the mutual trust in the administration of Justice in the Union is justified by the principle that judgments given in a Member State should be recognised in all Member States, without the need for a special procedure. In addition, the goal of making it less time-consuming and less expensive to conduct litigation in cross-border it is entitled to do away with the Declaration of enforceability to be provided before that can happen the enforcement in the Member State in which recognition is sought. A judgment given by a Court of a Member State should therefore be treated in the same way, as if it had been taken in the Member State in which recognition is sought.

(27) With a view to the free movement of judgments should a judgment given in a Member State shall be recognised and enforced in another Member State, even if it is taken against a person who is not domiciled in a Member State.

(28) If a judgment contains a measure or an order which is unknown in the law of the Member State in which enforcement is sought, be adapted to the measure or the order, including any herein stated right, to the extent possible, to it, in accordance with that Member State's national legislation has similar effects and assume similar objectives and considerations. It should be up to the individual Member States to decide how and by whom the adjustment to be made.

(29) the direct enforceability in the Member State in which recognition is sought of a judgment given in another Member State without a declaration of enforceability should not compromise respect for the rights of the defence in danger. Why should the person against whom enforcement is sought, be able to submit an application for recognition or enforcement shall be refused if the person concerned considers that one of the reasons for non-recognition of a judgment is present. This should include the reason that the person concerned had not had the opportunity to pursue its interests during the proceedings, since that decision was handed down without personal appearance as regards a civil claim in criminal proceedings. It should also include the reasons a person may rely on the basis of an agreement concluded between the Member State in which enforcement is sought, and a third State in accordance with article 59 of the Brussels Convention of 1968.

(30) A party who disputes the enforcement of a judgment given in another Member State, should, to the extent possible and in accordance with the legal system of the Member State in which enforcement is sought, be capable of the same case in addition to the grounds for refusal laid down in this regulation, to invoke the grounds for refusal that exist under national law, within the time limits laid down in this law. Recognition of a decision, however, should only be refused if one or more of the grounds for refusal laid down in this regulation, are available.

(31) pending a decision on an objection to the execution of a court order, should the courts of the Member State in which recognition is sought, during the whole treatment of such objection, including a possible appeal, could allow the execution continues, subject to a limitation of enforcement or to the lodging of a security.

(32) in order to inform the person against whom enforcement is sought whether the enforcement of a judgment given in another Member State, the certificate should be established by this regulation, accompanied, if necessary, of the judgment is notified in question within a reasonable time before the first enforcement measure. In this context, the first enforcement action shall be taken to mean the first enforcement action after the service.

(33) when the provisional, including protective, measures initiated by a court which has jurisdiction with regard to the merits of the case, their freedom of movement should be ensured within the framework of this regulation. Should, however, be provisional, including protective, measures, as such a right has decided without the defendant previously has been summoned, shall not be recognised and enforced within the framework of this regulation, unless the judgment containing the measure, has been served on the respondent prior to execution. This should not preclude the recognition and enforcement of such measures in accordance with national legislation. When provisional, including protective, measures initiated by a court which has no jurisdiction with regard to the merits of the case, should their effect within the framework of this regulation be limited to the Member State concerned.


(34) the continuity between the Brussels Convention of 1968, Regulation (EC) No 1782/2003. 44/2001 and this regulation should be ensured, and in this connection, the transitional provisions should be laid down. Same continuity should apply with regard to The European Union Court of Justice interpreting the Brussels Convention of 1968 and the regulations which have entered instead of the.

(35) in order to respect the international obligations of the Member States, this regulation should not affect conventions relating to specific areas, to which the Member States are parties.

(36) without prejudice to the obligations of the Member States in accordance with the treaties, this regulation should not affect the application of bilateral conventions and agreements concluded between a third country and a Member State before the date of entry into force of Regulation (EC) No 1782/2003. 44/2001, which includes questions that are governed by this regulation.

(37) in order to ensure the continuous updating of the certificates to be used in connection with the recognition or enforcement of judgments, authentic instruments and court settlements in accordance with this regulation, the power to adopt legal acts should be delegated to the Commission in accordance with article 290 of the TFEU as regards amendments to annexes I and II to this regulation. It is particularly important that the Commission implements the appropriate consultation during its preparatory work, including at expert level. The Commission, in connection with the preparation and drafting of delegated acts at the same time, ensure timely and appropriate transmission of relevant documents to the European Parliament and the Council.

(38) This Regulation respects the fundamental rights and observes the principles recognized in the charter of fundamental rights, in particular the right to access to an effective remedy and to a fair trial guaranteed by article 47 of the Charter.

(39) since the objective of this regulation cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level; The Union can therefore adopt measures in accordance with the principle of subsidiarity referred to in article 6. Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality referred to in article 6. that article, this regulation does not go beyond what is necessary in order to achieve this goal.

(40) the United Kingdom and Ireland have in virtue of article 3 of the Protocol on The position of the United Kingdom and Ireland, annexed to the TEU and to the former Treaty establishing the European Community, participated in the adoption and application of Regulation (EC) No 1782/2003. 44/2001. Pursuant to article 3 of Protocol No. 21 on the United Kingdom's and Ireland's position as regards the area of freedom, security and justice, annexed to the TEU and the TFEU, the United Kingdom and Ireland have announced that they wish to participate in the adoption and application of this regulation.

(41) in accordance with articles 1 and 2 of Protocol No 1. 22 on the position of Denmark, annexed to the TEU and the TFEU, Denmark is not participating in the adoption of this regulation, which are not binding on and is not applicable in Denmark, as Denmark, however, can apply the changes to Regulation (EC) No 1782/2003. 44/2001, pursuant to article 3 of the agreement of 19. October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters område13) —

HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE and DEFINITIONS Article 1 1. This Regulation shall apply in civil and commercial matters, whatever the nature of the Court. It shall not extend, in particular, to revenue, customs or administrative matters or the liability of the State for acts and omissions in the exercise of State authority ("acta iure imperii").

2. This Regulation shall not apply to: (a) the legal status of natural persons) as well as their legal capacity, matrimonial or between the parties in a relationship, which, according to the law applicable to such conditions, be deemed to have effects similar to a marriage



b) bankruptcy, compositions and analogous proceedings



c) social security



d) arbitration



e) maintenance obligations which have arisen in the context of a family relationship, parentage, marriage or affinity



f) succession or Testament, including maintenance obligations as a result of the deaths.



Article 2 for the purposes of this Regulation: (a))» judgment «any judicial decision issued by a court or Tribunal of a Member State, whatever the judgment may be called, including a decree, order, decision or writ of execution, including the fixing of costs shall be made by an officer of the Court. In chapter III shall be deemed ' judgment ' in order to include provisional, including protective, measures which a court has jurisdiction under this regulation with regard to the merits of the case, have taken a decision. It does not include provisional, including protective, measures that have been taken a decision of such a court without the defendant has been summoned, unless the judgment containing the measure has been served on the defendant prior to execution



(b)) ' settlement ' means settlement which has been approved by a court or Tribunal of a Member State or which have been concluded before a court in a Member State during the trial



c) ' authentic instrument ' means a document issued or registered as an authentic instrument in the Member State of origin, and where the official confirmation:



in the signature and the content of the document and relate)



II) has been established by a public authority or any other body authorised to do so



d)» operative State ' means, as appropriate, the Member State in which the judgment has been taken, where the court settlement has been approved or concluded or the authentic instrument has been issued or registered



e) ' Member State in which recognition is sought ' shall mean the Member State in which the recognition of the judgment is claimed, or where the judgment, court settlement or authentic instrument is sought



f)» the original right ': the Court, which has taken the judgment whose recognition is claimed, or is sought.



Article 3 for the purposes of this regulation ' right ' includes the following authorities, to the extent that they have competence to rule on questions which fall within the scope of this Regulation: (a)) in the case of Hungary, a notary (közjegyző) in connection with quick prosecution in cases concerning pecuniary claims (fizetési meghagyásos eljárás)



b) in the case of Sweden, the Swedish enforcement service (Kronofogdemyndigheten) in connection with quick prosecution of cases (kronofogdemyndighet) and certain other requirements (handräckning) CHAPTER II COMPETENCE



Section 1



General provisions



Article 4 1. Without prejudice to this regulation, persons domiciled in a Member State, whatever their nationality, be sued in the courts of that Member State.

2. Persons who are not nationals of the Member State in whose territory they are resident, is subject to the rules of jurisdiction applicable to nationals of the Member State concerned.

Article 5 1. Persons domiciled in a Member State may only be sued in the courts of another Member State in accordance with the rules laid down in this chapter, sections 2 to 7.

2. In particular national jurisdiction rules, which the Member States must inform the Commission pursuant to article 76, paragraph 1, point (a)), not be invoked against the persons referred to in paragraph 1.

Article 6 1. Have a defendant not domiciled in a Member State, jurisdiction is determined in each Member State in accordance with the legislation of that Member State, without prejudice. However, article 18, paragraph 1, article 21, paragraph 2, and articles 24 and 25.

2. In the face of a defendant not domiciled in a Member State, any person domiciled in a Member State, irrespective of his nationality, in line with the Member State's own nationals to invoke the rules of jurisdiction applicable in that State, and in particular the rules which Member States must notify the Commission in accordance with article 76, paragraph 1, point (a)).

Section 2



Special jurisdiction



Article 7 A person domiciled in a Member State may be sued in another Member State: (1)) 1) a) in matters relating to a contract in the courts for the place where the obligation which lies at the root of the matter, is fulfilled or must be fulfilled (b)) for the purposes of this provision and unless otherwise agreed, the place of performance of the obligation, that underlie the case : – in case of sale of goods, the place in a Member State where the goods under the contract have been delivered or should have been delivered – in the case of delivery of services, the place in a Member State where the service is provided for in the agreement has been delivered or should have been delivered c) is not applicable, the provisions of point (b))) (a) shall apply.



2) in cases involving torts and contract, in the courts for the place where the harmful event occurred or will be



3) in cases in which there is alleged compensation or restoration of an earlier state in respect of an offence by the Court in which criminal proceedings have been brought, provided that this right in accordance with its own law to entertain civil claims




4) in cases in which there is alleged, based on ownership, restitution of a cultural object within the meaning of article 1 (XI). 1), of Directive 93/7/EEC, and which is brought by the person claiming the right to get such a good returned, in the courts for the place where the cultural object is located at the time of the construction of the Court



5) in matters relating to the operation of a branch, agency or other establishment in the courts for the place where the branch, agency or establishment is located



6) in proceedings brought against a settlor, trustee or beneficiary of a trust by a trust created pursuant to law or either in writing or at an oral agreement confirmed in writing, in the courts of the Member State on whose territory the trust Head Office



7) in a dispute concerning the payment of remuneration it regards a required for the salvage of a cargo or freight, in the Court with jurisdiction over there in the mentioned load or in the related cargo:



(a)) is made the arrest to ensure such payment, or



(b)) could have been made the arrest, but where there is granted bail or made other security this provision shall apply only if it is claimed that the defendant has rights in the said cargo or freight, or that he at the time of salvage had such rights.

Article 8 a person domiciled in a Member State may also be sued: 1) if there are several defendants, in the courts for the place where one of the defendants is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid inconsistent decisions in the event of irreconcilable requirements for it



2) in the case of an action for performance of a warranty obligation or other claims against the person concerned as a third party, by the Court in which the original case is based, unless this is only brought to evade the question of jurisdiction, the Court which would be competent in his case



3) in the case of a counterclaim arising out of the same agreement or the same conditions as the original claim was based, in the Court in which the original claim is brought



4) in matters relating to a contract, if the case can be reconciled with a case concerning rights in immovable property against the same defendants, in the courts of the Member State in whose territory the property is situated.



Article 9 If a court or Tribunal of a Member State in accordance with this Regulation shall have jurisdiction to decide matters relating to liability in connection with the use or operation of a ship, that Court, or any court, in accordance with the internal legislation of the Member State concerned shall take the place of the former Court also jurisdiction to determine claims for limitation of liability.

Section 3



Jurisdiction in matters relating to insurance



Article 10 in matters relating to insurance, jurisdiction shall be determined by this section, without prejudice to article. However, article 6 and article 7, nr. 5). Article 11 1. An insurer domiciled in a Member State may be sued: a) in the courts of the Member State in which the insurer is domiciled



b) in another Member State in cases where the Court is seised of the policyholder, the insured or a beneficiary, in the courts for the place where the plaintiff is domiciled, or



c) in the case of a co-insurer, in the courts of a Member State, in which there are brought against the leading insurer.

2. Have the insurer not domiciled in a Member State but has a branch, agency or other establishment in a Member State, shall be deemed the insurer in the cases relating to the operation of the branch, agency or company as having their place of residence in the territory of that Member State.

Article 12 in respect of liability insurance or insurance of immovable property, the insurer may in addition be sued in the courts for the place where the harmful event occurred. The same applies when real estate and movable property covered by the same insurance contract and is subject to the same injury cases.

Article 13 1. In respect of liability insurance, the insurer may in addition be sued in the Court in which the injured party has brought against the insured, where the law governing that right, contains the legal basis thereof.

2. Articles 10, 11 and 12 shall apply in cases in which the injured party brings an action directly against the insurer, where there is a legal basis for a direct legal action.

3. If the law of such a direct legal action includes powers to policyholder or the insured person in the case, the same Court also has jurisdiction in relation to these persons.

Article 14 1. An insurer may bring proceedings only in the courts of the Member State in which the defendant is domiciled, irrespective of whether the defendant is insured, guaranteed or favored, see. However, article 13, paragraph 3.

2. This section shall not affect the right to bring a counter-claim in the Court in dealing with the claim in accordance with this section.

Article 15 the provisions of this section may be departed from only by an agreement on jurisdiction: 1) which is entered into after the dispute has arisen



2) that allows the policyholder, the insured or a beneficiary to bring proceedings in courts other than those indicated in this section



3) which is concluded between a policyholder and an insurer, as the insurance at the time of conclusion of the contract domiciled or habitually resident in the same Member State, and by which the courts of that Member State shall be attributed the competence also in the event that the harmful event occurred abroad, unless such an agreement conferring jurisdiction is not allowed under the legislation of the Member State concerned



4) concluded by a policyholder who is not domiciled in a Member State, except in the case of a compulsory insurance or insurance in respect of any immovable property situated in the territory of a Member State, or



5) that relates to an insurance contract that covers one or more of the risks referred to in article 16.



Article 16 referred to in article 15, nr. 5), the risks referred to is the following: 1 any damage)



(a)) on seagoing ships on offshore installations and installations in the high seas, or aircraft, arising from perils which related to the use for commercial purposes of these ships, facilities and aircraft



(b)) on goods other than passengers ' baggage where the transit operation takes place wholly or partly as a transport with the said vessels or aircraft



2) any liability except liability for physical damage to passengers or damage to their baggage:



a) arising from the use or operation of ships, installations or aircraft pursuant to nr. 1 (a)), with respect to the aircraft, however, only in so far as the law of the Member State in which the aircraft are registered does not prohibit agreements on jurisdiction by insuring such risks



(b)) for loss or damage caused by goods in transit as stipulated in nr. 1 (b))



3) any economic loss in connection with the use or operation of ships, installations or aircraft pursuant to nr. 1), point (a)), in particular loss of freight or Charter revenue



4) all risk in connection with one of those in the No. 1)-3) risks referred



5) regardless of no. 1-4)), all large risks as defined in European Parliament and Council directive 2009/138/EC of 25. November 2009 concerning the access to and pursuit of the business of insurance and reinsurance (Solvency II) 14).



Section 4



Jurisdiction in matters relating to consumer contracts



Article 17 1. In matters relating to contracts concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, jurisdiction shall be determined by this section, without prejudice to article. However, article 6 and article 7, nr. 5): a) for cases involving the purchase of movable property where the purchase price is payable by instalments



(b)) when the case concerns loans that must be repaid in installments, or other credit transactions, which are intended to finance the purchase of such items, or



c) in all other cases, where the agreement has been concluded with a person who pursues commercial or professional activities in the Member State in which the consumer is domiciled, or in any way inform such business against that Member State or to several States including that Member State, and the agreement is covered by the undertaking concerned.

2. Has the consumer's contracting partner is not domiciled in a Member State but has a branch, agency or other establishment in a Member State, he shall be deemed to be in matters concerning the operation of the branch, agency or company as having their place of residence in the territory of that Member State.

3. This section shall not apply to contracts of carriage, except for agreements for a total price shall be granted for a combination of travel and accommodation.

Article 18 1. Cases in which a consumer intends to travel against his co-contractor, may be brought either in the courts of the Member State on whose territory the contractor is domiciled, or, irrespective of the domicile of the counterparty, in the courts for the place where the consumer is domiciled.

2. Cases which are intended to be brought against a consumer by the other party, the consumer may only be brought in the courts of the Member State in which the consumer is domiciled.

3. This article shall not affect the right to bring a counter-claim in the Court in dealing with the claim in accordance with this section.

Article 19 the provisions of this section may be departed from only by an agreement on jurisdiction:




1) which is entered into after the dispute has arisen



2) that allows the consumer to bring proceedings in courts other than those indicated in this section, or



3) concluded between a consumer and its counterparty, as at the time of conclusion of the contract the consumer domiciled or habitually resident in the same Member State's territory, and attaches to the courts of that Member State, unless such an agreement conferring jurisdiction is not allowed under the legislation of the Member State concerned.



Section 5



Jurisdiction in matters relating to individual contracts of employment



Article 20 1. In matters relating to individual contracts of employment, jurisdiction shall be determined by this section, without prejudice to article. However, article 6, article 7, para. 5), and, in cases where proceedings brought against an employer, article 8, point 1. 1).

2. When a worker has concluded an individual contract of employment with an employer who is not domiciled in the territory of a Member State but has a branch, agency or other establishment in a Member State, shall be deemed to be the employer in matters concerning the operation of the branch, agency or company as having their place of residence in the territory of that Member State.

Article 21 1. An employer domiciled in a Member State may be sued: a) in the courts of the Member State in whose territory he resides, or



b) in another Member State:



in) in the courts for the place where or from which the employee habitually work or in the courts for the last place where he habitually carried out his work, or



(ii) if the employee does not habitually carry out) or performed its work in a particular country, in the courts for the place where the business which has assumed the worker is or was located.

2. An employer who is not domiciled in a Member State may, in accordance with paragraph 1 (b)), be sued in a Court of a Member State.

Article 22 1. An employer may bring proceedings only in the courts of the Member State in whose territory the worker is resident.

2. This section shall not affect the right to bring a counter-claim in the Court in dealing with the claim in accordance with this section.

Article 23 the provisions of this section may be departed from only by an agreement: 1) which is entered into after the dispute has arisen, or



2) that gives the employee the right to bring proceedings in courts other than those indicated in this section.



Section 6



Exclusive competence



Article 24 shall have exclusive jurisdiction, the following dishes in a Member State without regard to the parties ' place of residence: 1) in matters relating to rights in immovable property, as well as on the rental or lease of immovable property: the courts of the Member State in whose territory the property is situated. In matters relating to rental and leasing contracts for immovable property which has been concluded for the purpose of temporary private use for a maximum period of six consecutive months, is also, however, the courts of the Member State in which the defendant is domiciled, competent, provided that the tenant is a natural person and that the landlord and tenant are domiciled in the same Member State;



2) in matters relating to the validity, nullity or dissolution of companies or other legal persons which have their registered office on the territory of a Member State, or of the validity of the decisions of their organs of the courts of the Member State concerned. In determining where the home is located, the Court shall apply its rules of private international law applicable to the



3) in cases concerning the validity of entries in public registers, the courts of the Member State in which the register is kept



4) in matters relating to the registration or validity of patents, trade marks, designs or other similar rights, which presupposes the deposit or registration, regardless of whether the question raised by that decommissioned claim thereon, or in the form of a dispute, the courts of the Member State in which the deposit or registration has been applied for, or in which the deposit or registration has been made or in accordance with a Community instrument or an international Convention deemed to have been made. Without prejudice to the competence in accordance with the Convention on the grant of European patents, signed at Munich on 5. October 1973, conferred by the European Patent Office, the courts of each Member State exclusive competence as regards the registration and validity of a European patent granted for that State



5) in matters relating to enforcement of judgments, the courts of the Member State in whose territory the place of enforcement is located.



Section 7



Agreements conferring jurisdiction



Article 25 1. If the parties, regardless of their place of residence, have agreed that a court or the courts of a Member State shall be competent to hear and determine disputes that have arisen or future disputes already on the occasion of a particular legal relationship, that court or those courts competent, unless the agreement is materially invalid under the law of the Member State concerned. Unless the parties have agreed otherwise, is this right or those courts shall have exclusive jurisdiction. Prorogation agreement must be concluded: (a)) in writing or evidenced in writing confirmation



(b)) in a form which is in accordance with the custom of the parties follows in their relationship, or



(c)) in the field of international trade in a form that is in accordance with a usage of which the parties are or ought to have been aware and which in such trade are widely known and regularly observed by parties to contracts of the same type within the trade or Commerce concerned.

2. With ' writing ' any electronic message, shall be treated as a permanent record of the agreement conferring jurisdiction.

3. the competent authority or the courts of a Member State which conferred jurisdiction pursuant to a document on the establishment of a trust, have exclusive competence in cases against the founder of a trust, a trustee or a by a trust beneficiary person, if it is about the relationship between these persons or their rights and obligations within the trust framework.

4. Agreements on jurisdiction as well as corresponding provisions of a document on the establishment of a trust are invalid if they are contrary to articles 15, 19 or 23 or excludes the jurisdiction of the courts, pursuant to article 24 are exclusive.

5. A jurisdiction agreement, included as part of a contract shall be deemed to be a separate agreement independent of the other provisions of the contract.

The validity of a jurisdiction agreement cannot be contested solely on the ground that the contract is not valid.

Article 26 1. In the case where a Court of a Member State not already has jurisdiction by virtue of other provisions of this regulation, the competent when the defendant enters an appearance before it. This rule shall not apply if the defendant enters an appearance before contesting the Court's jurisdiction, or where another court has exclusive jurisdiction by virtue of article 24.

2. With regard to matters covered by section 3, 4 or 5, the Court must, if the policyholder, the insured, a beneficiary under the insurance contract, the injured person, the consumer or worker is the defendant, before it finds that it has jurisdiction in accordance with paragraph 1 shall ensure that the defendant is informed of his right to contest the Court's jurisdiction and the effects of to attend or not to attend.

Section 8



Review of jurisdiction and of admissibility



Article 27 A court of a Member State, which brought a legal dispute, which mainly concern issues on which the courts of another Member State have exclusive jurisdiction by virtue of article 24 is, on own motion declare itself incompetent.

Article 28 1. Where a person resident in the territory of a Member State, be sued in a Court of another Member State, but fails to appear, the Court declares it has no jurisdiction unless the on behalf of the official competent under the provisions of this regulation.

2. the Court shall stay the proceedings until such time as it is determined that the respondent has had the opportunity to receive the document instituting the proceedings or an equivalent document in sufficient time to enable the defendant has been able to pursue its interests during the proceedings, or that all necessary measures have been taken.

3. Article 19 of the European Parliament and Council Regulation (EC) No 1782/2003. 1393/2007 of 13. November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) 15) be used instead of paragraph 2 of this article if the document instituting the proceedings or an equivalent document has to be transmitted from one Member State to another pursuant to that regulation.

4., Regulation (EC) No 1782/2003. 1393/2007 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, if the document instituting the proceedings or an equivalent document must be transmitted abroad pursuant to that Convention.

SECTION 9



Lis pendens and related requirements



Article 29 1. If the requirements that have the same subject-matter and rests on the same basis, be made between the same parties before courts of different Member States, exposes any court other than the court first seised, on behalf of the civil case until this Court jurisdiction is determined, see. However, article 31, paragraph 2.


2. In the cases referred to in paragraph 1 shall, at the request from a court, before which the dispute has been brought, gives any court in respect of which the dispute has been brought, without delay the former right message when the dispute was brought before it in accordance with article 32.

3. When it is determined that the court first seised is established, any court declares itself incompetent in favour of the first.

Article 30 1. If matters relating to requirements, which are interrelated, pending before courts of different Member States, any court other than the court first seised may stay its proceedings.

2. When the case for the Court in which the case was first brought, are pending at first instance, any court also, on the application of one of the parties, decline jurisdiction, provided that the Court in which the case was first brought, shall have jurisdiction to hear and determine the claims in question and its law permits the Association thereof.

3. in the case of interrelated requirements, for the purposes of this article claims that are so closely connected that it is expedient to hear and determine them together to avoid inconsistent decisions in the event of irreconcilable requirements themselves.

Article 31 1. If the cases falling within the exclusive competence of the courts, the more any court other than the court first seised may declare itself incompetent in favour of that Court.

2. When a case is brought before a Court of a Member State, as conferred exclusive jurisdiction upon an agreement referred to in article 25, any Court of another Member State may stay the proceedings until the Court in which the case is brought on the basis of the agreement, declares that it has no jurisdiction under the terms of the agreement, see. However, article 26.

3. When the law designated in the agreement, has determined its jurisdiction pursuant to this agreement, declare any right in another Member State to decline jurisdiction in favour of that Court.

4. paragraphs 2 and 3 shall not apply to the matters referred to in section 3, 4 or 5, when the policyholder, the insured, a beneficiary under the insurance contract, the injured person, the consumer or worker is the applicant, and the agreement is not valid under any provision of the said departments.

Article 32 1. For the purposes of this section, 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 plaintiff has not subsequently failed to take the steps he was required to take to have the document served on the defendant, or



b) if the document instituting the proceedings or an equivalent document has to be served before being lodged with the Court, at the time when this document is received by the authority responsible for service, provided that the plaintiff has not subsequently failed to take the steps he was required to take to have the document lodged with the Court.

The authority responsible for service, see. (b)), must be the first authority receiving the documents to be served.

2. The Court or authority responsible for service, see. (1) shall indicate the date of submission of the document instituting the proceedings or an equivalent document or the date of receipt of the documents to be served.

Article 33 1. Jurisdiction is based on article 4 or on article 7, 8 or 9, and there is a case pending before a court in a third country at the time, where a Court of a Member State is seised of a case that has the same subject matter and rests on the same basis, between the same parties, as the case before the Court in the third country, the Court may stay the proceedings in the Member State; If: (a)) it is expected that the Court will take a decision in the third country, which may be recognised and, where appropriate, be enforced in the Member State concerned, and



(b)) the Court of the Member State considers that it is satisfied that it is necessary to stay proceedings in the interests of the orderly administration of Justice.

2. the Court in the Member State concerned may, at any time, resume proceedings, if: (a)) case at the Court in the third country has been exposed or raised



(b)) the Court of the Member State on this basis, finds that it is unlikely that the case before the Court in the third country will be completed within a reasonable time, or



(c)) it is necessary to reopen the case for the sake of an orderly administration of Justice.

3. The Court of the Member State rejects the case, if the matter before the Court in the third country has been completed and has resulted in a judgment can be recognised and enforced in the Member State where appropriate.

4. The courts of a Member State applies this article at the request of either party or on behalf of the civil service, if this is possible under national law.

Article 34 1. Jurisdiction is based on article 4 or on article 7, 8 or 9, and there is a case pending before the Court in a third country at the time, where a Court of a Member State is seised of a case that is consistent with the case before the Court in the third country, the Court may stay the proceedings in the Member State, if: (a)) it is expedient to hear and determine the interrelated requirements at the same time, in order to avoid inconsistent judgments in cases of the requirements shall be heard and determined separately



(b)) it is expected that the Court will take a decision in the third country, there may be recognized and enforced in the Member State, where appropriate, and



(c)) the Court of the Member State considers that it is satisfied that it is necessary to stay proceedings in the interests of the orderly administration of Justice.

2. The Court of the Member State may continue the proceedings at any time if: (a)) the Court of the Member State considers that there is no longer a risk of irreconcilable judgments



(b)) the case before the Court in the third country has been exposed or raised



(c)) the Court of the Member State on this basis, finds that it is unlikely that the case before the Court in the third country will be completed within a reasonable time, or



d) it is necessary to resume the matter for the sake of an orderly administration of Justice.

3. The Court of the Member State may reject the case, if the matter before the Court in the third country has been completed and has resulted in a judgment can be recognised and enforced in the Member State where appropriate.

4. The courts of a Member State applies this article at the request of either party or on behalf of the civil service, if this is possible under national law.

Section 10



Provisional, including protective, measures



Article 35 which can be for a Member State to inform the requested use of such provisional, including protective, measures, as laid down in the legislation of the Member State concerned, even if a Court of another State has jurisdiction as to the substance of the matter.

CHAPTER III RECOGNITION And ENFORCEMENT



Section 1



Recognition



Article 36 1. Judgments given in a Member State shall be recognised in the other Member States, without requiring the use of a special procedure.

2. Any interested party may, in accordance with the procedure referred to in section 3, subsection 2, submit a request to have determined that there are no grounds for non-recognition as referred to in article 45.

3. Depends on the outcome of a case by a Court of a Member State of the decision of an incidental matter concerning refusal of recognition, is this Court jurisdiction to determine the question of recognition.

Article 37 1. A party who in one Member State wishes to rely on a judgment given in another Member State, shall provide: a) a copy of the judgment which satisfies the conditions necessary to establish its authenticity;



b) certificate issued in accordance with article 53.

2. Court or authority, at which a judgment given in another Member State is claimed may, if necessary, require the party who invokes it, in accordance with article 57 shall submit a translation or a transliteration of the contents of the certificate specified in paragraph 1 (b)). The Court or competent authority may require that the Party shall submit a translation of the decision itself, rather than the translation of the contents of the certificate, if the Court or the authority cannot continue treatment without such a translation.

Article 38 the Court or an authority with which a judgment given in another Member State may stay the proceedings, is claimed in whole or in part, if: (a)) judgment will be contested in the Member State of origin, or



(b)) made a request to have determined that there are no grounds for non-recognition as referred to in article 45, or about to be established, that recognition must be refused on the basis of one of these reasons.



Section 2



Enforcement



Article 39 A judgment given in a Member State which is enforceable in the Member State concerned, shall be enforceable in the other Member States without the requirement of a declaration of enforceability.

Article 40 an enforceable court decision gives no further access to any precautionary measure, which exists under the law of the Member State in which recognition is sought.

Article 41 1. Without prejudice to the provisions of this section shall apply the law of the Member State in which enforcement is sought, the use of the procedure for the enforcement of judgments given in another Member State. A judgment given in a Member State which is enforceable in the Member State in which enforcement is sought to be enforced in that country under the same conditions as a judgment given in the Member State in which recognition is sought.


2. Notwithstanding paragraph 1, the reasons to refuse or postpone execution in accordance with the legislation of the Member State in which enforcement is sought, the use, in so far as they are not incompatible with the grounds referred to in article 45.

3. Cannot be required by the party seeking enforcement of a judgment given in another Member State, that they have a postal address in the Member State in which recognition is sought. It can also not required by these parties, that they have an authorized representative of the Member State in which recognition is sought, unless such a representative is mandatory regardless of the nationality or place of residence.

Article 42 1. For in a Member State to enforce a judgment given in another Member State, the person who makes the request, submit the following to the competent executing authority: a) a copy of the judgment which satisfies the conditions necessary to establish its authenticity;



(b)) a certificate issued pursuant to article 53, which confirms that the judgment is enforceable and that contains an extract of the judgment and, as appropriate, the relevant information on which legal costs that can be recovered, and information on the calculation of interest.

2. Order of a Member State to enforce a judgment given in another Member State, on the application of provisional, including protective, measures, presenting the request, submitting the following to the competent executing authority: a) a copy of the judgment which satisfies the conditions necessary to establish its authenticity



(b)) a certificate issued pursuant to article 53, which contains a description of the measure, and which confirms



in the Court of first instance have jurisdiction) with regard to the merits of the case



(ii)) that the judgment is enforceable in the Member State of origin, and



c) proof of service of the judgment, if there was a decision on the measure without the defendant previously had been called.

3. The competent enforcement authority may, if necessary, require that the person who made the request, in accordance with article 57 shall submit a translation or a transliteration of the certificate.

4. The competent executing authority may only require that the person who made the request, shall submit a translation of the judgment, if it cannot continue treatment without such a translation.

Article 43 1. When is claimed enforcement of a judgment given in another Member State, the certificate issued shall be served in accordance with article 53 of the person against whom enforcement is sought, in the first enforcement measure. The certificate shall be accompanied by the judgment, if it has not already been served on the person concerned.

2. Have the person against whom enforcement is sought, residence in a Member State other than the Member State of origin, that to contest the enforcement of the judgment requesting a translation of the judgment if the judgment is not written in or accompanied by a translation into one of the following languages: a) a language which he/she understands, or



(b)) the official language of the Member State in whose territory the person concerned is domiciled or, if there are several official languages in that Member State, the official language or one of the official languages of the place where he is domiciled.

Request a translation of the judgment in accordance with the first subparagraph, the only enforcement measures are precautionary measures that may be used until the person against whom enforcement is sought, will receive the translation.

This paragraph shall not apply, if the decision has already been served on the person against whom enforcement is sought, in one of the languages referred to in the first subparagraph, or accompanied by a translation into one of these languages.

3. This article shall not apply to the enforcement of a precautionary measure in a judicial decision, or when the person seeking enforcement, apply precautionary measures in accordance with article 40.

Article 44 1. If there is a request for dismissal of the enforcement of a judgment pursuant to section 3, subsection 2, the Court may, in the Member State in which enforcement is sought may, at the request of the person against whom enforcement is sought: (a)) limit the enforcement proceedings to the precautionary measures



b) make enforcement conditional on the lodging of a security which shall be fixed by the Court, or



c) either in whole or in part, stay the enforcement proceedings.

2. The competent authority of the Member State in which recognition is sought, exposes at the request of the person against whom enforcement is sought, stay the enforcement proceedings if the enforceability of the judgment is suspended in the State of origin.

Section 3



Refusal of recognition and enforcement subsection 1 refusal of recognition



Article 45 1. At the request of an interested party, be refused recognition of a judgment: a) if such recognition is manifestly contrary to fundamental principles of law (ordre public) of the Member State in which recognition is sought;



(b)) if it is a default judgment, and the document instituting the proceedings or an equivalent document had not been served on the defendant in sufficient time and in such a manner that the defendant could pursue its interests during the proceedings, unless the defendant failed to take steps to challenge the judgment, even if he or she had the opportunity to do it



(c)) where the decision is irreconcilable with a judgment given between the same parties in the Member State in which recognition is sought;



(d)) if the decision is incompatible with a judgment that has been previously taken in another Member State or in a third country between the same parties in a dispute, which has the same subject matter and rests on the same basis, and this earlier judgment fulfils the conditions necessary for its recognition in the Member State in which recognition is sought, or



(e)) where the decision is contrary to:



I) chapter II, section 3, 4 or 5, if the policyholder, the insured, a beneficiary under the insurance contract, the injured person, the consumer or worker is the defendant, or



II) chapter II, section 6.

2. for the examination referred to in paragraph 1, point (e)), the said rules of jurisdiction is the Court in which recognition is sought, bound by the facts on which the original law have supported its competence.

3. The original jurisdiction can not be verified, see. However, paragraph 1, point (e)). In paragraph 1 (a)), provided for validation concerning the fundamental principles of law may not be made in relation to the rules of jurisdiction.

4. the application for refusal of recognition must be made according to the procedures described in subsection 2 and, if applicable, section 4.

Subsection 2 the refusal of enforcement



Article 46 at the request of the person against whom enforcement is sought, be refused enforcement of a judgment, where it is noted that one of the grounds referred to in article 45 are available.

Article 47 1. Request for refusal of enforcement shall be made to the satisfaction of the Court that the Member State concerned have given the Commission communication pursuant to article 75, point (a)), as being the law to which the application must be made.

2. The procedure for refusal of enforcement shall be governed, in so far as it is not covered by this regulation, in accordance with the legislation of the Member State in which recognition is sought.

3. The applicant must submit to the Court a copy of the judgment and, if necessary, a translation or transliteration thereof.

The Court may dispense with the submission of the documents referred to in the first subparagraph, if it is already in possession of them, or if it considers it unreasonable to require the applicant to submit to them. In the latter case the Court may require that the other party shall submit the documents.

4. It may not be required by Parties requesting dismissal of the enforcement of a judgment given in another Member State, that they have a postal address in the Member State in which recognition is sought. It can also not required by these parties, that they have an authorized representative of the Member State in which recognition is sought, unless such a representative is mandatory regardless of the nationality or place of residence.

Article 48 the Court shall immediately decide on the request for refusal of enforcement.

Article 49 1. The decision on the application for refusal of enforcement, can be appealed by both parties.

2. the appeal shall be lodged with the Court which the Member State concerned have given the Commission communication pursuant to article 75, point (b)) as being the law to which such an appeal is lodged.

Article 50 the decision in appeal proceedings can only be challenged by appeal, if the Member State concerned in accordance with article 75, paragraph (c)) have given the Commission thereof.

Article 51 1. The right, which put forward a request for refusal of enforcement, or the Court, which deals with an appeal lodged in accordance with articles 49 or 50, may stay the proceedings if an ordinary appeal has been launched or resumption of the judgment in the Member State of origin or if the time for such has not yet expired. In the latter case the Court may specify a time limit for the implementation of such an appeal.


2. Where the judgment was given in Ireland or the United Kingdom, Cyprus, shall be deemed to be any sort of appeal in the Member State of origin as an ordinary appeal for the purposes of paragraph 1.

Section 4



Common provisions



Article 52 court decisions taken in a Member State can in no case be ascertained with regard to the substance of the matter in the Member State in which recognition is sought.

Article 53 the original court shall issue, at the request of any interested party, the certificate using the standard form in annex I.

Article 54 1. Contains a judgment a measure or an order which is unknown in the law of the Member State in which enforcement is sought, be adapted to the measure or the order, to the extent possible, to a measure or an order which is known in the legislation of that Member State, and which have similar effects, and which carries similar aims and purposes.

Such adaptation must not have consequences that go beyond those laid down in the law of the Member State of origin.

2. Any party may contest the alignment of the measure or the order in a court.

3. Where necessary, it may require that the party invoking the judgment or request the enforcement thereof, shall submit a translation or a transliteration of the judgment.

Article 55 judgments handed down in a Member State, and which lays down a penalty is only enforceable in the Member State in which enforcement is sought only if the amount of the fine is finally set by the original law.

Article 56 It cannot be imposed on the party who in one Member State applies for enforcement of a judgment given in another Member State, to provide security or deposit of any kind on the grounds that he is a foreigner or is not domiciled or resident in the Member State in which recognition is sought.

Article 57 1. Where pursuant to this regulation required a translation or a transliteration, translation or transliteration must this happen to the official language of the Member State concerned or, where there are several official languages in that Member State, to the or one of the official languages in the courts of the place where a judgment given in another Member State is claimed, or submission of a request , in accordance with the legislation of the Member State concerned.

2. In the case of the forms referred to in article 53 and 60, translations or transliterations may also happen to all the other official languages of the Union institutions that that Member State has indicated it can accept.

3. Translations pursuant to this Regulation shall be carried out by persons who are qualified to translate in one of the Member States.

CHAPTER IV AUTHENTIC INSTRUMENTS And COURT SETTLEMENTS



Article 58 1. Authentic instruments that are enforceable in the Member State of origin, is enforceable in the other Member States without the requirement of a declaration of enforceability. Enforcement of authentic instruments can only be refused if the execution is manifestly contrary to fundamental principles of law (ordre public) of the Member State in which recognition is sought.

Chapter III, section 2, subsection 2, respectively in section 3 and section 4, shall, where appropriate, the use of authentic instruments.

2. The presented authentic instrument shall, with respect to the reimbursement of its authenticity to meet the requirements demanded of the Member State of origin.

Article 59 court settlements, which is enforceable in the Member State of origin shall be enforced in the other Member States under the same conditions as authentic instruments.

Article 60 The competent authority or court in the Member State of origin shall issue the certificate at the request of any interested party, by the use of the standard form in annex II containing a summary of the enforceable obligation in the authentic instrument or by agreement between the parties in court settlement.

CHAPTER V GENERAL PROVISIONS



Article 61 within the framework of this regulation does not require legalisation or other similar formality for documents issued in a Member State.

Article 62 1. In determining whether a party is domiciled in the territory of the Member State whose courts are seised, the Court shall apply its internal law.

2. where a party is not domiciled in the Member State where the proceedings are brought, the Court must determine whether the party is domiciled in the territory of another Member State, apply this under the legislation of another Member State.

Article 63 1. Companies and other legal persons for the purposes of this regulation, the domicile the place where they have their registered office):



(b)) their head office, or



c) their principal place of business.

2. In the case of Ireland, Cyprus and the United Kingdom, the term ' head office ' ' registered office ' or, if one does not exist anywhere, "place of incorporation" or, if one does not exist anywhere, the place under whose legislation the formation took place.

3. In determining whether a trust is domiciled in the territory of the Member State whose courts are seised, the Court shall apply its rules of private international law applicable to it.

Article 64 without prejudice to more favourable national provisions, persons domiciled in a Member State, and against whom initiated legal proceedings for a negligent offence by courts competent in criminal matters of another Member State, where the person concerned are not nationals, even when they are not personally appear, select the persons empowered for that purpose, to carry out their defense. The court hearing the case may, however, require that the person concerned must appear personally; personal appearance has not taken place, the other Member States may refuse to recognise or execute the decision taken with regard to the civil requirements, without the person concerned having had the opportunity to pursue its interests during the proceedings.

Article 65 1. In article 8, nr. 2), and article 13 provided for jurisdiction for claims regarding fulfilment of an obligation of guarantee or other claims against third parties can only be invoked in the Member States appearing on the list drawn up by the Commission pursuant to article 76, paragraph 1 (b)), and (2), in so far as it is permitted under national law. A person residing in another Member State may be called upon to intervene in proceedings before the courts of the Member States in accordance with these rules for process alerts, see. the list referred to.

2. The judicial decisions taken in a Member State in accordance with article 8, nr. 2), and article 13, shall be recognised and enforced in accordance with Chapter III of any other Member State. The effects as judgments in the Member States appearing on the list referred to in paragraph 1, in accordance with the legislation of these Member States in relation to third parties in accordance with paragraph 1 shall be recognised in all Member States.

3. The Member States appearing on the list referred to in paragraph 1, provide, within the framework of the European judicial network in civil and commercial matters created by Council decision 2001/470/EF16) (' the European judicial network ') information on how the effects of the judgments referred to in paragraph 2, second sentence, shall be determined in accordance with their national legislation.

CHAPTER VI TRANSITIONAL PROVISIONS



Article 66 1. This Regulation shall apply only to legal proceedings which is brought, on authentic instruments issued or registered, and on court settlements approved or concluded on or after the 10. January 2015.

2. Notwithstanding the provisions of article 80, Regulation (EC) No 1782/2003. 44/2001 continue to apply to the judgments in lawsuits that are brought, on documents issued or registered, and on court settlements approved or concluded before 10. January 2015, and which fall under the scope of Regulation (EC) No 1782/2003. 44/2001.

CHAPTER VII RELATIONSHIP To OTHER INSTRUMENTS



Article 67 This Regulation shall not preclude the application of provisions on particular matters, lay down rules governing jurisdiction, as well as for the recognition and enforcement of judgments and which are contained in EU legal instruments or in national laws harmonized in implementation of such acts.

Article 68 1. In relations between Member States this regulation instead of the Brussels Convention of 1968, except as regards the territories of the Member States covered by the territorial scope of that Convention and which are excluded from this Regulation pursuant to article 355 TFEU.

2. To the extent that this regulation in relations between the Member States in lieu of the Brussels Convention of 1968, the references to the Convention shall be construed as references to this regulation.

Article 69 in the relationship between Member States this regulation instead of conventions that regulate the same question as this regulation, without prejudice. However, article 70 and 71. In particular this regulation instead of the conventions, appearing on the list drawn up by the Commission pursuant to article 76, paragraph 1 (c)) and (2).

Article 70 1. The conventions referred to in article 69 shall remain in effect in those areas where this regulation does not apply.

2. They also retain their effect in respect of judgments given, officially confirmed documents issued or registered, and court settlements approved or concluded before the date of entry into force of Regulation (EC) No 1782/2003. 44/2001.

Article 71


1. This Regulation shall not affect any conventions to which the Member States are parties and which in particular matters, lay down rules on jurisdiction, recognition or enforcement of judgments.

2. In order to ensure a uniform interpretation, paragraph 1 applies in the following way: a) this Regulation shall not prevent a Court of a Member State which is a party to a Convention on a particular area, may consider themselves for jurisdiction under the Convention in question, even where the defendant is domiciled in the territory of a Member State not party to the relevant Convention. The court proceedings are brought, in any event, apply article 28 of this regulation



b) judgments in one Member State is given by a court, which has found itself for jurisdiction under the Convention in respect of a designated area, be recognised and enforced in the other Member States in accordance with this regulation.

If both the Member State of origin and the Member State in which recognition is sought, are parties to a Convention on a particular area, which lays down the conditions for recognition and enforcement of judgments, those conditions shall apply. In any event, the provisions of this regulation on the recognition and enforcement of judgments apply.

Article 72 This Regulation shall not affect agreements by which Member States before the entry into force of Regulation (EC) No 1782/2003. 44/2001, pursuant to article 59 of the Brussels Convention of 1968 has committed itself not to recognise judgments given, in particular, judicial decisions, which are taken in another State which is a Contracting Party to the Convention, against a defendant who is domiciled or habitually resident in the territory of a third country where the judgment in a case referred to in article 4 of the Convention has only been able to be supported at one of the rules of jurisdiction referred to in article 3, paragraph 2, of the Convention.

Article 73 1. This Regulation shall not affect the application of the Lugano Convention 2007.

2. This Regulation shall not affect the application of the New York Convention of 1958.

3. This Regulation shall not affect the application of bilateral conventions and agreements concluded between a third country and a Member State before the date of entry into force of Regulation (EC) No 1782/2003. 44/2001, which includes questions that are governed by this regulation.

CHAPTER VIII FINAL PROVISIONS



Article 74 Member States shall, within the framework of the European judicial network and with a view to making the information accessible to the public, provide a description of national rules on enforcement and procedures for doing so with an indication of which authorities are responsible for enforcement, as well as information about any restrictions with regard to enforcement, in particular rules on debtor protection and limitation periods.

Member States shall ensure that this information is constantly being updated.

Article 75 by 10. January 2014, Member States shall inform the Commission: (a)) for which the request for refusal of enforcement must inform submitted pursuant to article 47, paragraph 1



(b)) to which dishes appeal of decisions concerning refusal of a request for enforcement shall be submitted in accordance with article 49, paragraph 2



(c)) for which further appeal shall be filed in the courts under article 50, and



d) what languages which may be used in the translation of the forms referred to in article 57, paragraph 2.

The Commission shall make this information available to the public in an appropriate manner, in particular through the European judicial network.

Article 76 1. Member States shall inform the Commission of: (a)) the rules of jurisdiction referred to in article 5, paragraph 2, and article 6, paragraph 2



(b)) the rules on party notices referred to in article 65, and



(c)) the conventions referred to in article 69.

2. the Commission shall draw up, on the basis of the notifications referred to in paragraph 1, the Member States from the corresponding lists.

3. Member States shall notify the Commission of any subsequent change to be made by these lists. The Commission amends the lists accordingly.

4. the Commission shall publish the lists and any subsequent amendments thereto in the official journal of the European Union.

5. the Commission shall make the information communicated in accordance with paragraphs 1 and 3, publicly available on any other appropriate means, in particular via the European judicial network.

Article 77 the Commission be empowered to adopt delegated acts in accordance with article 78 relating to amendments to annexes I and II.

Article 78 1. The power to adopt delegated acts are conferred on the Commission subject to the conditions laid down in this article.

2. The power to adopt delegated acts referred to in article 6. Article 77, conferred on the Commission for an unlimited period from the 9. January 2013.

3. In article 77 referred to the delegation of powers may at any time be revoked by the European Parliament or the Council. A decision to withdraw the delegation of any power which brings is stated in that decision, to an end. It shall take effect on the day following its publication in the official journal of the European Union or on a later date specified in the decision. It shall not affect the validity of the delegated acts already in force.

4. As soon as the Commission adopts a delegated Act, it shall inform the European Parliament and the Council at the same time accordingly.

5. A delegated Act adopted in accordance with article 77 shall enter into force only if neither the European Parliament nor the Council has objected within a period of two months from the date of notification of the Act in question to the European Parliament and the Council, or if the European Parliament and the Council before the expiry of that period, both of which have informed the Commission that they do not intend to raise any objections. The time limit may be extended by two months at the European Parliament or the Council initiative.

Article 79 no later than 11. January 2022, the Commission shall submit to the European Parliament, the Council and the European economic and Social Committee a report on the application of this regulation. The report shall include an evaluation of the possible need for a further extension of the rules on jurisdiction to cover defendants who are not domiciled in a Member State, having regard to the application of this regulation and its possible developments at international level. The report shall be accompanied if necessary by a proposal for amendment of this regulation.

Article 80 This regulation repeals Regulation (EC) No 1782/2003. 44/2001. 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 III.

Article 81 This Regulation shall enter into force on the twentieth day following that of its publication in the official journal of the European Union.

It shall apply from the 10. January 2015, with the exception of article 75 and 76 used from the 10. January 2014.







 

 



 

 



 

 



 

 



 



This regulation is binding in its entirety and directly applicable in the Member States in accordance with the treaties.





 

 



 

 



 

 



 



Done at Strasbourg, on 12 December. December 2012.





 

 



 

 



 

 















 

 

 

 

 



 

 

 

 

 



 

 

 

 

 



 





On behalf of the European Parliament





 





On behalf of the Council





 



 



M. SCHULZ



 



A. D. MAVROYIANNIS



 



 





President





 





President





 



 

 

 

 

 



 

 

 

 

 



 

 

 

 

 



 

 

 

 

 



 

 


 

 

 



 

 

 

 

 



 

 

 

 

 



 

 

 

 

 



 

 

 

 

 









Annex I



CERTIFICATE CONCERNING A JUDGMENT IN CIVIL AND COMMERCIAL MATTERS





 

 







Article 53 of the European Parliament and of the Council Regulation (EU) No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters







 

 





1.





THE ORIGINAL RIGHT





 

 





1.1.





Title:





 

 





1.2.





Address:





 

 





1.2.1.





Road and number/PO box:





 

 





1.2.2.





City and postcode:





 

 





1.2.3.





Member State:





 



To