Legal provisions of COM(2021)388 - Accession by the EU to the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters

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Article 1

The accession of the European Union to the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters is hereby approved on behalf of the Union (3).

Article 2

The President of the Council shall designate the person(s) empowered to deposit, on behalf of the Union, the instrument of accession referred to in Article 24(4) of the Convention (the ‘instrument’).

Article 3

When depositing the instrument, the Union shall make the following declaration in accordance with Article 27(1) of the Convention:

‘The European Union declares, in accordance with Article 27(1) of the Convention, that it exercises competence over all the matters governed by this Convention. Its Member States will not sign, ratify, accept or approve the Convention, but shall be bound by the Convention by virtue of the accession of the European Union.

For the purposes of this declaration, the term ‘European Union’ does not include the Kingdom of Denmark by virtue of Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union.’.

Article 4

When depositing the instrument, the Union shall make the following declaration, in accordance with Article 18 of the Convention, concerning non-residential leases (tenancies) of immovable property:

‘The European Union declares, in accordance with Article 18 of the Convention, that it will not apply the Convention to non-residential leases (tenancies) of immovable property situated in the European Union.’.

Article 5

This Decision shall enter into force on the date of its adoption (4).