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Article 1
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Article 38
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Article 43
Article 44
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Article 46
Article 1
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Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Article 27
Article 28
Article 29
Article 30
Article 31
Article 32
Article 33
Article 34
Article 35
Article 36
Article 37
Article 38
Article 39
Article 40
Article 41
Article 42
Article 43
Article 44
Article 45
Article 46
Article 47
Article 48
Article 49
Article 50
Article 51
Article 52
Article 53
Article 54
Article 55
Article 56
Article 57
Article 58
Article 59
Article 60
Article 61
Article 62
Article 63
Article 64
Article 65
Article 66
Article 67
Article 68
Article 69
Article 70
Article 71
Article 72
Free text
List of keywords
BRI - General aspects
BRI - Scope
BRI - Jurisdiction - General provisions
BRI - Special Jurisdiction
BRI - Special Jurisdiction in case of related proceedings
BRI - Action concerning the limitation of the shipowner's liability
BRI - Jurisdiction in matters relating to insurance
BRI - Jurisdiction over consumer contracts
BRI - Jurisdiction over individual contracts of employment
BRI - Exclusive Jurisdiction
BRI - Prorogation of jurisdiction
BRI - Examination as to jurisdiction and admissibility
BRI - Lis pendens - related Actions
BRI - Provisional‚ including protective‚ measures
BRI - Recognition and Enforcement
BRI - Recognition
BRI - Enforcement
BRI - Recognition and Enforcement - Common provisions
BRI - Authentic Instruments and Court Settlements
BRI - General Provisions
BRI - Transitional Provisions
BRI - Relations with other instruments
BRI - Final provisions
BRI - Annexes
BRII - Scope
BRII - Jurisdiction – general provisions
BRII - Examination as to jurisdiction and admissibility
BRII - Lis pendens and dependent actions
BRII - Provisional‚ including protective‚ measures
BRII - Recognition and enforcement
BRII - Recognition
BRII - Application for a declaration of enforceability
BRII - Recognition and enforcement – common provisions
BRII - General provisions
BRII - Transitional Provisions
BRII - Final Provisions
BRII - Annexes
BRIIbis - Scope and definitions
BRIIbis - Jurisdiction – matrimonial matters
BRIIbis - Jurisdiction – matters of parental responsibility
BRIIbis - Common provisions
BRIIbis - Recognition of a judgment
BRIIbis - Application for a declaration of enforceability
BRIIbis - Recognition and enforcement – common provisions
BRIIbis - Enforceability of judgments concerning rights of access and of judgments requiring the return of the child without the need for a declaration of enforceability
BRII bis - Authentic instruments and agreements between the parties
BRIIbis - Other provisions
BRIIbis - Cooperation between central authorities in matters of parental responsibility
BRIIbis - Relations with other instruments
BRIIbis - Transitional provisions
BRIIbis - Final provisions
BRIIbis - Annexes
Excluded matters - The status or legal capacity of natural persons - rights in property arising out of a matrimonial relationship, succession and wills
Excluded matters - Denmark
Rules of Jurisdiction
Service in sufficient time and in such a way as to allow to arrange for defence
Failure to challenge the judgement
Examination of the grounds of jurisdiction only in particular cases
Interpretation of the Regulation
International element
Civil and Commercial matters
Excluded matters
Basic rule - Jurisdiction of the courts of the defendant's domicile
Exclusion of exorbitant rules on Jurisdiction
Defendant not domiciled in a Member State
Special Jurisdiction - General
Jurisdiction in matters relating to a contract
Jurisdiction in matters relating to maintenance
Jurisdiction in matters relating to tort‚ delict or quasi delict
Jurisdiction over a civil claim for damages or restitution raised in criminal proceedings
Jurisdiction in disputes arising out of the operation of a branch‚ agency or other establishment
Jurisdiction in matters of trust
Jurisdiction in matters of remuneration for salvage
Common Jurisdiction in the case of several defendants
Third party proceedings
Counter-claim
Action in matters relating to a contract and to rights in rem in immovable property
Jurisdiction in matters relating to insurance - General
Jurisdiction over action against the insurer
Actions brought by the insurer
Agreements conferring jurisdiction - General
Agreements conferring jurisdiction - Marine and Aviation insurance
Scope
Proceedings brought by a Consumer
Jurisdiction in proceedings brought against a Consumer
Agreements conferring jurisdiction
Scope
Jurisdiction in proceedings against the employer
Jurisdiction in proceedings against the employee
Agreements conferring jurisdiction
Exclusive Jurisdiction - General
Jurisdiction in proceedings relating to immovable property
Jurisdiction in proceedings concerning companies or other legal persons or associations
Jurisdiction in proceedings relating to validity of entries in public registers
Jurisdiction in matters relating to industrial property rights
Jurisdiction in matters concerned with the enforcement of judgements
Agreements conferring Jurisdiction - General
Entry of appearance by the defendant
Exclusive Jurisdiction of the courts of another Member State
Defendant not entering an appearance
Lis pendens
Related Actions
Exclusive jurisdiction of several courts
Determination of the point in time at which a court is deemed to be seised of a case
Jurisdiction for provisional measures
General
Notion of judgement
Recognition - General
Grounds for refusal of recognition
No review as to substance
Ordinary appeal in the State in which the judgement was given
Enforcement - General
Application for a declaration of enforceability
Declaration of enforceability - Decision upon completion of formalities
Notice of the declaration of enforceability
Appeal against declaration of enforceability
Further appeal against the judgement given on appeal
Grounds for refusal or revocation of declaration of enforceability
Appeal against a declaration of enforceability - Stay of proceedings - Provision of security
Provisional and protective measures
Declaration of enforceability for parts of a judgement
Enforceability of judgements ordering a periodic payment by way of a penalty
Legal aid for the procedure for the declaration of enforceability
Declaration of enforceability - Dispensing with provisions of security
Declaration of enforceability - Dispensing with charges calculated by reference to the value of the matter
Production of documents
Enforcement of authentic instruments
Enforcement of court settlements
Domicile of a party
Seat of a company or other legal person
Appearance in person before criminal court - refusal of recognition and enforcement
Notion of “court” in summary proceedings concerning orders to pay and assistance in Sweden
Special rule on jurisdiction in contract for persons domiciled in Luxembourg
Special rules for disputes concerning seagoing ships registered in Greece or in Portugal
Special rules on third party proceedings in Germany‚ Austria and Hungary
General
Application of the Regulation to proceeding initiated after its entry into force
Special rules on Recognition and Enforcement
Provisions for specific matters contained in Community instruments
Replacement of the Brussels Convention
Replacement of other Conventions between Member States
Continued application of other Conventions between Member States
Conventions in relation to particular matters
Agreements between Member States and third countries undertaken before the entry into force of the Regulation
Matrimonial matters
Matters of parental responsibility
Exception of Denmark
Jurisdiction in matrimonial matters
Jurisdiction in matters of parental responsibility – general
Child abduction – Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction
Counterclaim
Conversion of legal separation into divorce
Exclusive nature of jurisdiction under Articles 2 to 6
Residual jurisdiction
Examination as to jurisdiction
Examination as to admissibility
Lis pendens – same cause of action
Lis pendens – not the same cause of action but the same parties
Establishment of the jurisdiction of the court first seised
Time when a court shall be deemed to be seised
Meaning of “judgment” - general
The term “judgment” – determination of the amount of costs and expenses of proceedings
The term “judgment” – authentic instruments and court settlements
Recognition of a judgment – general
Grounds of non-recognition – general
Grounds of non-recognition – matrimonial matters
Grounds of non-recognition – matters of parental responsibility
Agreement with third States
Prohibition of review of jurisdiction of court of origin
Differences in applicable law – no ground for non-recognition
Non-review as to substance
Stay of proceedings in Member State where recognition is sought if an ordinary appeal is lodged in the Member State of origin
Enforceable judgments
Application for a declaration of enforceability – jurisdiction of local courts
Application for a declaration of enforceability – procedure
Decision of the court
Notice of the decision
Appeal against the decision
Further appeal against the decision given on appeal
Stay of proceedings in Member State where recognition is sought
Partial enforcement
Legal aid in procedures for a declaration of enforceability
Security‚ bond or deposit
Documents to be produced
Certificate to be issued by the court or authority of origin
Absence of documents
Legalisation or other similar formality
Relation with other instruments
Relations with certain multilateral conventions
Scope of effects – agreements and conventions referred to in Articles 36(1) and 37
Agreements between Member States
Treaties with the Holy See
Member States with two or more legal systems
Review
Procedure for amending the Annexes
Committee
Entry into force
Scope
Definitions
General jurisdiction in matrimonial matters
Counterclaim
Conversion of legal separation into divorce
Exclusive nature of jurisdiction under Articles 3‚ 4 and 5
Residual jurisdiction
General rule – habitual residence of the child
Continuing jurisdiction of the child's former habitual residence to modify a judgment on access rights
Jurisdiction in cases of child abduction
Return of the child
Prorogation of jurisdiction in matters of parental responsibility
Jurisdiction based on the child's presence
Residual jurisdiction – determination of jurisdiction according to national law
Transfer to a court better placed to hear the case – procedure and conditions
Seising of a court
Examination as to jurisdiction
Examination as to admissibility
Lis pendens and dependent actions
Provisional‚ including protective‚ measures
Recognition of a judgment – general
Grounds of non-recognition – matrimonial matters
Grounds of non-recognition – matters of parental responsibility
Prohibition of review of jurisdiction of the court of origin
Differences in applicable law – no ground for non-recognition
Non-review as to substance
Stay of proceedings in Member State where recognition is sought if an ordinary appeal is lodged in the Member State of origin
Enforceable judgments
Application for a declaration of enforceability – jurisdiction of local courts
Application for a declaration of enforceability – procedure
Decision of the court
Notice of the decision
Appeal against the decision
Further appeal against the decision given on appeal
Stay of proceedings in Member State where recognition is sought
Partial enforcement
Documents to be produced
Absence of documents
Certificate to be issued by the court or authority of origin
Enforceability of judgments concerning rights of access and of judgments requiring the return of the child without the need for a declaration of enforceability – scope
Rights of access recognised and enforceable without the need for a declaration of enforceability
Judgments entailing the return of child recognised and enforceable without the need for a declaration of enforceability
Rectification of the certificate
Effects of the certificate
Documents to be produced
Enforcement procedure
Practical arrangements for the exercise of rights of access
Costs
Legal aid
Security‚ bond or deposit
Legislation or other similar formality
Désignation des autorités centrales
General functions of central authorities
Cooperation on cases on parental responsibility
Placement of a child in another Member State
Working method
Meetings between central authorities
Relation with other instruments – general
Relations with certain multilateral conventions
Relation with the Hague Convention of 19 October 1996 (parental responsibility and measures for the protection of children)
Scope of effects
Treaties with the Holy See
Review
Member States with two or more legal systems
Information on central authorities and languages accepted
Information relating to courts and redress procedures
Procedure for amending the Annexes
Committee
Repeal of Regulation (EC) No 1347/2000
Entry into force
Revenue-Customs-Administrative matters
The status or legal capacity of natural persons
Rights in property arising out of a matrimonial relationship
Succession and wills
Insolvency proceedings
Social security
Arbitration
Notion of “contract”
Place of the performance of the obligation in question
Sale of goods - Place of delivery
Provision of services - Place of provision
General
Notion of “tort”
Place where the harmfulevent occurred of may occur
Jurisdiction over action brought by the policyholder‚ the insured or a beneficiary
Action against a co-insurer
Jurisdiction in disputes arising out of the operation of the insurer's branch‚ agency or other establishment
Liability insurance-insurance of immovable property - place of the harmful event
Jurisdiction in third-party and direct proceedings brought against the insurer by the injured party
Jurisdiction of the Defendant's Domicile
Exception - Counter-claim
Notion of “Consumer”
Notion of “contract”
Sale of goods on installment credit terms
Contract for a loan to finance the sale of goods
Other party with commercial or professional activities in or directed to the Member State of the Consumer's Domicile
Other party not domiciled in a Member State - operation of branch‚ agency or other establishment
Exclusion of transport contracts
Jurisdiction of the consumer's domicile
Counter-claim - Jurisdiction of the court in witch the original claim is pending
Individual contracts of employment
Employer not domiciled in a Member State - operation of a branch‚ agency or other establishment
Place where the employee habitually carries out his work
Place where the business which engaged the employee is situated
Jurisdiction of employee's domicile
Exception - Counter-claim
Notion of rights in rem in immovable property
Notion of tenancies of immovable property
Place where the property is situated
Exception - Short-term tenancy of immovable property
Notion of agreement conferring jurisdiction
Scope‚ content and effects
Validity - formal requirements
Conclusion by parties not domiciled in a Member State
Agreement conferring jurisdiction in trust instrument
Jurisdiction agreement contrary to a mandatory rule on jurisdiction
General
Notion of lis pendens - same cause of action and same parties
Consequences for the court later seised
General
Notion of related actions - Risk of irreconcilable judgements
Consequences for the court later seised
General
Notion of provisional‚ including protective‚ measures
Jurisdiction independent of the jurisdiction as to the substance of the matter
Principle of recognition without any special procedure
Application for a declaration of recognition
Recognition as an incidental question
General
Public policy
Defendants that have not entered an appearance
Judgement irreconcilable with a Judgement given in the State where recognition is sought
Judgement irreconcilable with a Judgement given in a third State
Conflict with jurisdiction rules in insurance or consumer matters‚ matters of exclusive jurisdiction
Requirement of a declaration of enforceability
United Kingdom - Requirement of a registration for enforcement
Competent court
Procedure
Competent Court
Procedure
No appearance of the party against whom enforcement is sought
Time limit for appealing
Availability of provisional‚ including protective‚ measures, without declaration of enforceability
Protective measures after the declaration of enforceability
Copy of the judgement
Certificate confirming enforceability of judgement
Time for production‚ equivalent documents‚ dispensing‚ translations
Dispensing with legislation of documents
Notion of “Authentic instrument”
Declaration of enforceability - Procedure
Declaration of enforceability - Grounds for refusal - public policy
Notion of “Court settlement”
Declaration of enforceability - Procedure
Declaration of enforceability - Grounds for refusal - public policy
Common habitual residence of the spouses
Last common habitual residence of the spouses
Habitual residence of respondent
Joint application
Habitual residence of applicant
Nationality or “domicile” of both spouses
Meaning of “domicile”
Jurisdiction of court exercising jurisdiction in matrimonial matters if child is habitually resident in that Member State
Jurisdiction if child is habitually resident in another Member State
End of jurisdiction in matters of parental responsibility
Determination of jurisdiction according to the lex fori
Applicant habitually resident in a Member State other than the Member State of which he or she is a national and respondent not habitually resident in a Member State and not a national of a Member State
Default of appearance
Application of Council Regulation (EC) No 1348/2000 of 29 May 2000
Application of the Hague Convention of 15 November 1965
Principle of recognition without any special procedure
Principle of updating civil-status records without any special procedure
Application for the recognition or non-recognition of a judgment
Recognition of a judgment – incidental question
Public policy exception
Safeguards for defendants that have not entered an appearance
Judgment irreconcilable with a judgment given in the Member State where recognition is sought
Judgment irreconcilable with an earlier judgment given in another Member State or in a non-Member State
Public policy exception
No hearing of the child
Safeguards for defendants that have not entered an appearance
No hearing of a person claiming infringement of his or her parental responsibility
Judgment irreconcilable with a later judgment given in the Member State where recognition is sought
Judgment irreconcilable with a later judgment given in another Member State or in a non-Member State
Enforceable judgments in matters of parental responsibility – requirements
Enforceable judgments in matters of parental responsibility – requirement of registration for the United Kingdom
Local courts to which an application for a declaration of enforceability has to be submitted
Determination of local jurisdiction – general
Determination of local jurisdiction – procedures according to Article 14(3)
Decision of the court – procedure – no submissions by the person against whom enforcement is sought
Decision of the court – reasons for refusal
Decision of the court – no review as to substance
Possibility to appeal the decision
Possibility to appeal the decision – competent court
Application of the rules governing procedure in contradictory matters by appellate court
Summoning a party against whom enforcement is sought to appear before the appellate court
Time limit for appeal
Documents to be produced – copy of the judgment and certificate
Documents to be produced in the case of a judgment given in default
Matrimonial matters
Matters of parental responsibility - general
Custody rights and access rights
Guardianship and curatorship
Designation of person for the child and his or her functions
Placement of the child in a foster family or in institutional care
Measures for the protection of the child concerning the child’s property
Excluded matters - general
Adoption
Names and forenames
Emancipation
Maintenance obligations
Trusts or successions
Measures taken as a result of a criminal offence
Definition – “court”
Definition – “judge”
Definition – “Member State”
Definition – “judgment”
Definition – “Member State of origin”
Definition – “Member State of enforcement”
Definition – “parental responsibility”
Definition – “holder of parental responsibility”
Definition – “rights of custody”
Definition – “rights of access”
Definition – “wrongful removal or retention”
Common habitual residence of the spouses
Last common habitual residence of the spouses
Habitual residence of respondent
Joint application
Habitual residence of applicant
Nationality or “domicile” of both spouses
Meaning of “domicile”
Continuing jurisdiction of the child's former habitual residence – general rule
Exception – acceptance of jurisdiction of the child's new habitual residence
Scope
Hearing of the child
Application of the most expeditious procedures
Obligation to return the child if it is established that adequate arrangements to secure the protection of the child have been made in Member State of origin
Hearing of the person who requested the return of the child
Transmission of documents
Notification to the parties of information and invitation to make submissions
Enforceability of judgments requiring the return of the child
Jurisdiction based on acceptance
End of jurisdiction conferred in paragraph 1
Jurisdiction of courts of a Member State with which the child has a substantial connection
Jurisdiction if child is habitually resident in a third State which is not a Contracting State to the 1996 Hague Convention on child protection
Meaning of “particular connection to a Member State” as mentioned in Article 15 (1)
Time limit by which the courts of the other Member State shall be seised
Acceptance and decline of jurisdiction
Cooperation between the courts
Default of appearance
Application of Council Regulation (EC) No 1348/2000 of 29 May 2000
Application of the Hague Convention of 15 November 1965
Lis pendens in matrimonial proceedings between the same parties
Lis pendens in proceedings relating to natters of parental responsibility relating to the same child and involving the same cause of action
Establishment of the jurisdiction of the court first seised
Principle of recognition without any special procedure
Principle of updating civil-status records without any special procedure
Application for the recognition or non-recognition of a judgment
Recognition of a judgment – incidental question
Public policy exception
Safeguards for defendants that have not entered an appearance
Judgment irreconcilable with a judgment given in the Member State where recognition is sought
Judgment irreconcilable with a judgment given in another Member State or in a non-Member State
Public policy exception
No hearing of the child
No hearing of a person claiming infringement of his or her parental responsibility
Judgment irreconcilable with a later judgment given in the Member State where recognition is sought
Judgment irreconcilable with a judgment given in another Member State or in a non-Member State
Non-compliance with procedure laid down in Article 56 concerning the placement of a child
Enforceable judgment in matters of parental responsibility – requirements
Enforceable judgment in matters of parental responsibility – requirement of registration for the United Kingdom
Application for a declaration of enforceability – procedure governed by the law of the Member State of enforcement
Application for a declaration of enforceability – documents required
Decision of the court – procedure – no submissions by the child or of the person against whom enforcement is sought
Decision of the court – reasons for refusal
Decision of the court – non-review as to substance
Possibility to appeal the decision
Possibility to appeal the decision – competent court
Application of the rules governing procedure in contradictory matters by appellate court
Summoning a party against whom enforcement is sought to appear before the appellate court
Time limit for appeal
Documents to be produced – copy of the judgment and certificate
Documents to be produced in the case of a judgment given in default
Rights of access recognised and enforceable without the need for a declaration of enforceability – general principle
Possibility to declare a judgment enforceable notwithstanding appeal
Procedural requirements for issuing a certificate - general
Safeguards for defendants in the case of a judgement given in default
Hearing of parties
Hearing of the child
Issuing of the certificate ex officio and at the request of one of the parties
Judgments entailing the return of a child recognised and enforceable without the need for a declaration of enforceability – general principle
Possibility to declare a judgment enforceable notwithstanding appeal
Procedural requirements for issuing a certificate - general
Hearing of the child
Hearing of the parties
Taking into account the reasons for and evidence underlying the non-return order
Reference in the certificate to measures taken to ensure the protection of the child after its return to the State of origin
Issuing of the certificate at the judge of origin's own motion
Rectification of the certificate governed by the law of the Member State of origin
The issuing of a certificate - no subject to appeal
Level 1:
BRI - General aspects
BRI - Scope
BRI - Jurisdiction - General provisions
BRI - Special Jurisdiction
BRI - Special Jurisdiction in case of related proceedings
BRI - Action concerning the limitation of the shipowner's liability
BRI - Jurisdiction in matters relating to insurance
BRI - Jurisdiction over consumer contracts
BRI - Jurisdiction over individual contracts of employment
BRI - Exclusive Jurisdiction
BRI - Prorogation of jurisdiction
BRI - Examination as to jurisdiction and admissibility
BRI - Lis pendens - related Actions
BRI - Provisional‚ including protective‚ measures
BRI - Recognition and Enforcement
BRI - Recognition
BRI - Enforcement
BRI - Recognition and Enforcement - Common provisions
BRI - Authentic Instruments and Court Settlements
BRI - General Provisions
BRI - Transitional Provisions
BRI - Relations with other instruments
BRI - Final provisions
BRI - Annexes
BRII - Scope
BRII - Jurisdiction – general provisions
BRII - Examination as to jurisdiction and admissibility
BRII - Lis pendens and dependent actions
BRII - Provisional‚ including protective‚ measures
BRII - Recognition and enforcement
BRII - Recognition
BRII - Application for a declaration of enforceability
BRII - Recognition and enforcement – common provisions
BRII - General provisions
BRII - Transitional Provisions
BRII - Final Provisions
BRII - Annexes
BRIIbis - Scope and definitions
BRIIbis - Jurisdiction – matrimonial matters
BRIIbis - Jurisdiction – matters of parental responsibility
BRIIbis - Common provisions
BRIIbis - Recognition of a judgment
BRIIbis - Application for a declaration of enforceability
BRIIbis - Recognition and enforcement – common provisions
BRIIbis - Enforceability of judgments concerning rights of access and of judgments requiring the return of the child without the need for a declaration of enforceability
BRII bis - Authentic instruments and agreements between the parties
BRIIbis - Other provisions
BRIIbis - Cooperation between central authorities in matters of parental responsibility
BRIIbis - Relations with other instruments
BRIIbis - Transitional provisions
BRIIbis - Final provisions
BRIIbis - Annexes
Excluded matters - The status or legal capacity of natural persons - rights in property arising out of a matrimonial relationship, succession and wills
Excluded matters - Denmark
Rules of Jurisdiction
Service in sufficient time and in such a way as to allow to arrange for defence
Failure to challenge the judgement
Examination of the grounds of jurisdiction only in particular cases
Level 2:
Level 3/4:
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Last update: 29/10/2009