Legal provisions of COM(2005)145-2 - Conclusion of the Agreement with Denmark extending to Denmark the provisions of Council Regulation (EC) No 44/2001 on jurisdiction and the recognitions and enforcement of judgments in civil and commercial matters

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dossier COM(2005)145-2 - Conclusion of the Agreement with Denmark extending to Denmark the provisions of Council Regulation (EC) No 44/2001 on ...
document COM(2005)145 EN
date April 27, 2006
5.5.2006   ENOfficial Journal of the European UnionL 120/22


COUNCIL DECISION

of 27 April 2006

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

(2006/325/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 61(c) thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark is not bound by the provisions of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (2), nor subject to their application.

(2)The Commission has negotiated an Agreement between the European Community and the Kingdom of Denmark extending to Denmark the provisions of Regulation (EC) No 44/2001.

(3)The Agreement was signed, on behalf of the European Community, on 19 October 2005, subject to its possible conclusion at a later date, in accordance with Council Decision 2005/790/EC of 20 September 2005 (3).

(4)In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community, the United Kingdom and Ireland are taking part in the adoption and application of this Decision.

(5)In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(6)The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Contents

Article 1

The Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters is hereby approved on behalf of the Community.

Article 2

The President of the Council is hereby authorised to designate the person empowered to make the notification provided for in Article 12(2) of the Agreement.