Explanatory Memorandum to COM(2002)222 - Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility repealing Regulation (EC) No 1347/2000 and amending Regulation (EC) No 44/2001 in matters relating to maintenance - Main contents

Contents

• 2. OBJECTIVE
• 3. ARTICLES
• Chapter I - Scope, Definitions and Basic Principles
• Article 2 - Definitions
• Member State
• Member State of origin and Member State of enforcement
• Parental responsibility
• Holder of parental responsibility
• Rights of custody
• Rights of access
• Child abduction
• Article 3 - Right of the child to contact with both parents
• Article 4 - Right of the child to be heard
• Chapter II - Jurisdiction
• Article 5 - General jurisdiction
• Article 6 - Counterclaim
• Article 7 - Conversion of legal separation into divorce
• Article 8 - Exclusive nature of jurisdiction under Articles 5 to 7
• Article 9 - Residual jurisdiction
• Section 2 - Parental responsibility
• Article 10 - General jurisdiction
• Article 11 - Continuing jurisdiction of the Member State of the child's former residence
• Article 12 - Prorogation of jurisdiction
• Article 13 - Jurisdiction based on the child's presence
• Article 14 - Residual jurisdiction
• Article 15 - Transfer to a court better placed to hear the case
• Section 3 - Common provisions
• Article 17 - Examination as to jurisdiction
• Article 18 - Examination as to admissibility
• Article 19 - Lis pendens and dependent actions
• Article 20 - Provisional, including protective, measures
• Chapter III - Child abduction
• Article 21 - Jurisdiction
• Article 22 - Return of the child
• Article 23 - Provisional protective measure not to return the child
• Article 24 - Judgment on custody
• Article 25 - Fees and other costs
• Chapter IV - Recognition and Enforcement
• Article 26 - Recognition of a judgment
• Article 27 - Grounds of non-recognition for judgments relating to divorce, legal separation or marriage annulment
• Article 28 - Grounds of non-recognition for judgments relating to parental responsibility
• Article 29 - Prohibition of review of jurisdiction of court of origin
• Article 30 - Differences in applicable law
• Article 31 - Non-review as to substance
• Article 32 - Stay of proceedings
• Section 2 - Application for a declaration of enforceability
• Article 33 - Enforceable judgments
• Article 34 - Jurisdiction of local courts
• Article 35 - Procedure
• Article 36 - Decision of the court
• Article 37 - Notice of the decision
• Article 38 - Appeal against the decision
• Article 39 - Courts of appeal and means of contest
• Article 40 - Stay of proceedings
• Article 41 - Partial enforcement
• Article 42 - Documents
• Article 43 - Absence of documents
• Article 44 - Certificate concerning judgments in matrimonial matters and certificate concerning judgments on parental responsibility
• Section 3 - Enforcement concerning rights of access and the return of a child
• Article 45 - Scope
• Article 46 - Rights of access
• Article 47 - Return of the child
• Article 48 - Appeal
• Article 49 - Documents
• Section 4 - Other provisions
• Article 51 - Practical arrangements for the exercise of rights of access
• Article 53 - Security, bond or deposit
• Article 54 - Legalization or other similar formality
• Chapter V - Cooperation between central authorities
• Article 55 - Designation
• Article 56 - General functions
• Article 57 - Cooperation on specific cases
• Article 58 - Working method
• Article 59 - Meetings
• Chapter VI - Relations with other instruments
• Article 61 - Relations with certain multilateral conventions
• Article 62 - Treaties with the Holy See
• Chapter VII - Transitional Provisions
• Chapter VIII - Final Provisions
• Article 65 - Information on central authorities and languages
• Article 66 - Amendments to Annexes I, II and III
• Article 67 - Amendments to Annexes IV to VII
• Article 68 - Committee
• Article 69 - Repeal of Regulation (EC) No 1347/2000
• Article 70 - Amendment of Regulation (EC) No 44/2001
• Article 71 - Entry into force
• Annexes
• Annex II
• Annex III
• Annex IV
• Annex V
• Annex VI
• Annex VII
• Annex VIII
• CHAPTER I SCOPE, DEFINITIONS AND BASIC PRINCIPLES
• Article 2 Definitions
• and
• Article 3 Right of the child to contact with both parents
• Article 4 Right of the child to be heard
• CHAPTER II JURISDICTION
• 1. In matters relating to divorce, legal separation or marriage annulment, jurisdiction shall lie with the courts of the Member State
• Article 6 Counterclaim
• Article 7 Conversion of legal separation into divorce
• Article 8 Exclusive nature of jurisdiction under Articles 5 to 7
• Article 9 Residual jurisdiction
• Section 2 Parental responsibility
• Article 11 Continuing jurisdiction of the Member State of the child's former residence
• and
• Article 12 Prorogation of jurisdiction
• and
• and
• Article 13 Jurisdiction based on the child's presence
• Article 14 Residual jurisdiction
• Article 15 Transfer to a court better placed to hear the case
• Section 3 Common provisions
• Article 17 Examination as to jurisdiction
• Article 18 Examination as to admissibility
• Article 19 Lis pendens and dependent actions
• Article 20 Provisional, including protective, measures
• CHAPTER III CHILD ABDUCTION
• and
• Article 22 Return of the child
• and
• Article 23 Provisional protective measure not to return the child
• Article 24 Judgment on custody
• Article 25 Fees and other costs
• CHAPTER IV RECOGNITION AND ENFORCEMENT
• Article 27 Grounds of non-recognition for judgments relating to divorce, legal separation or marriage annulment
• Article 28 Grounds of non-recognition for judgments relating to parental responsibility
• Article 29 Prohibition of review of jurisdiction of court of origin
• Article 30 Differences in applicable law
• Article 31 Non-review as to substance
• Article 32 Stay of proceedings
• Section 2 Application for a declaration of enforceability
• Article 34 Jurisdiction of local courts
• Article 35 Procedure
• Article 36 Decision of the court
• Article 37 Notice of the decision
• Article 38 Appeal against the decision
• Article 39 Courts of appeal and means of contest
• Article 40 Stay of proceedings
• Article 41 Partial enforcement
• Article 42 Documents
• and
• Article 43 Absence of documents
• Article 44 Certificate concerning judgments in matrimonial matters and certificate concerning judgments on parental responsibility
• Section 3 Enforcement concerning rights of access and the return of a child
• Article 46 Rights of access
• and
• Article 47 Return of the child
• Article 48 Appeal
• Article 49 Documents
• and
• Section 4 Other provisions
• Article 51 Practical arrangements for the exercise of rights of access
• Article 52 Legal aid
• Article 53 Security, bond or deposit
• Article 54 Legalization or other similar formality
• CHAPTER V COOPERATION BETWEEN CENTRAL AUTHORITIES
• Article 56 General functions
• Article 57 Cooperation on specific cases
• and
• Article 58 Working Method
• Article 59 Meetings
• CHAPTER VI RELATIONS WITH OTHER INSTRUMENTS
• Article 61 Relations with certain multilateral conventions
• and
• Article 62 Treaties with the Holy See
• CHAPTER VII TRANSITIONAL PROVISIONS
• CHAPTER VIII FINAL PROVISIONS
• Article 65 Information on central authorities and languages
• and
• Article 66 Amendments to Annexes I, II and III
• Article 67 Amendments to Annexes IV to VII
• Article 68 Committee
• Article 69 Repeal of Regulation (EC) No 1347/2000
• Article 70 Amendment of Regulation (EC) No 44/2001
• Article 71 Entry into force
• For the Council
• ANNEX II
• ANNEX III
• ANNEX IV
• 1. Country of origin
• 2. Court or authority issuing the certificate
• 2.1. Name
• 2.2. Address
• 2.3. Tel./fax/E-mail
• 3. Marriage
• 3.1. Wife
• 3.1.1. Full name
• 3.1.2. Country and place of birth
• 3.1.3. Date of birth
• 3.2. Husband
• 3.2.1. Full name
• 3.2.2. Country and place of birth
• 3.2.3. Date of birth
• 3.3. Country, place (where available) and date of marriage
• 3.3.1. Country of marriage
• 3.3.2. Place of marriage (where available)
• 3.3.3. Date of marriage
• 4. Court which delivered the judgment
• 4.1. Name of Court
• 4.2. Place of Court
• 5. Judgment
• 5.1. Date
• 5.2. Reference number
• 5.3. Type of judgment
• 5.3.1. Divorce
• 5.3.2. Marriage annulment
• 5.3.3. Legal separation
• 5.4. Was the judgment given in default of appearance-
• 5.4.1. no
• 6. Names of parties to whom legal aid has been granted
• 7. Is the judgment subject to further appeal under the law of the Member State of origin-
• 7.1. No
• 7.2. Yes
• 8. Date of legal effect in the Member State where the judgment was given
• 8.1. Divorce
• 8.2. Legal separation
• 1. Country of origin
• 2. Court or authority issuing the certificate
• 2.1. Name
• 2.2. Address
• 2.3. Tel./Fax/E-mail
• 3. Holders of parental responsibility
• 3.1. Mother
• 3.1.1. Full name
• 3.2.2. Date and place of birth
• 3.2. Father
• 3.2.1. Full name
• 3.2.2. Date and place of birth
• 3.3. Other
• 3.2.1. Full name
• 3.2.2. Date and place of birth
• 4. Court which delivered the judgment
• 4.1. Name of Court
• 4.2. Place of Court
• 5. Judgment
• 5.1. Date
• 5.2. Reference number
• 5.3. Was the judgment given in default of appearance-
• 5.3.1. No
• 6.1. Full name and date of birth
• 6.2. Full name and date of birth
• 6.3. Full name and date of birth
• 6.4. Full name and date of birth
• 7. Names of parties to whom legal aid has been granted
• 8. Attestation of enforceability and service
• 8.1. Is the judgment enforceable according to the law of the Member State of origin-
• 8.1.1. Yes
• 8.1.2. No
• 8.2. Has the judgment been served on the party against whom enforcement is sought-
• 8.2.1. Yes
• 8.2.1.1. Full name of the party
• 8.2.1.2. Date of service
• 8.2.2. No
• 1. Country of origin
• 2. Court or authority issuing the certificate
• 2.1. Name
• 2.2. Address
• 2.3. Tel./Fax/E-mail
• 3. Parents
• 3.1. Mother
• 3.1.1. Full name
• 3.2.2. Date and place of birth
• 3.2. Father
• 3.2.1. Full name
• 3.2.2. Date and place of birth
• 4. Court which delivered the judgment
• 4.1. Name of Court
• 4.2. Place of Court
• 5. Judgment
• 5.1. Date
• 5.2. Reference number
• 6.1. Full name and date of birth
• 6.2. Full name and date of birth
• 6.3. Full name and date of birth
• 6.4. Full name and date of birth
• 7. The judgment is enforceable according to the law of the Member State of origin (
• 8. The judgment was not given in default of appearance (
• 9. The children were given an opportunity to be heard, unless a hearing was considered inappropriate having regard to their age or degree of maturity (
• 10. Arrangements for the exercise of rights of access
• 10.1. Date
• 10.2. Place
• 10.3. Specific obligations on holders of parental responsibility for picking up / returning the children
• 10.3.1. Responsibility for transport costs
• 10.3.2. Other
• 10.4. Any restrictions attached to the exercise of rights of access
• 11. Names of parties to whom legal aid has been granted
• 1. Country of origin
• 2. Court or authority issuing the certificate
• 2.1. Name
• 2.2. Address
• 2.3. Tel./Fax/E-mail
• 3. Holders of parental responsibility
• 3.1. Mother
• 3.1.1. Full name
• 3.2.2. Date and place of birth
• 3.2. Father
• 3.2.1. Full name
• 3.2.2. Date and place of birth
• 3.3. Other
• 3.3.1. Full name
• 3.3.2. Date and place of birth
• 4. Court which delivered the judgment
• 4.1. Name of Court
• 4.2. Place of Court
• 5. Judgment
• 5.1. Date
• 5.2. Reference number
• 6.1. Full name and date of birth
• 6.2. Full name and date of birth
• 6.3. Full name and date of birth
• 6.4. Full name and date of birth
• 7. The children were given an opportunity to be heard, unless a hearing was considered inappropriate having regard to their age or degree of maturity (
• 8. The judgment entails the return of the children (
• 9. Person who has custody over the children
• 10. Names of parties to whom legal aid has been granted