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Council Regulation (EC) No 2201/2003Show full title

Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000

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  1. Introductory Text

  2. CHAPTER I SCOPE AND DEFINITIONS

    1. Article 1.Scope

    2. Article 2.Definitions

  3. CHAPTER II JURISDICTION

    1. SECTION 1 Divorce, legal separation and marriage annulment

      1. Article 3.General jurisdiction

      2. Article 4.Counterclaim

      3. Article 5.Conversion of legal separation into divorce

      4. Article 6.Exclusive nature of jurisdiction under Articles 3, 4 and 5

      5. Article 7.Residual jurisdiction

    2. SECTION 2 Parental responsibility

      1. Article 8.General jurisdiction

      2. Article 9.Continuing jurisdiction of the child's former habitual residence

      3. Article 10.Jurisdiction in cases of child abduction

      4. Article 11.Return of the child

      5. Article 12.Prorogation of jurisdiction

      6. Article 13.Jurisdiction based on the child's presence

      7. Article 14.Residual jurisdiction

      8. Article 15.Transfer to a court better placed to hear the case

    3. SECTION 3 Common provisions

      1. Article 16.Seising of a Court

      2. Article 17.Examination as to jurisdiction

      3. Article 18.Examination as to admissibility

      4. Article 19.Lis pendens and dependent actions

      5. Article 20.Provisional, including protective, measures

  4. CHAPTER III RECOGNITION AND ENFORCEMENT

    1. SECTION 1 Recognition

      1. Article 21.Recognition of a judgment

      2. Article 22.Grounds of non-recognition for judgments relating to divorce, legal separation or marriage annulment

      3. Article 23.Grounds of non-recognition for judgments relating to parental responsibility

      4. Article 24.Prohibition of review of jurisdiction of the court of origin

      5. Article 25.Differences in applicable law

      6. Article 26.Non-review as to substance

      7. Article 27.Stay of proceedings

    2. SECTION 2 Application for a declaration of enforceability

      1. Article 28.Enforceable judgments

      2. Article 29.Jurisdiction of local courts

      3. Article 30.Procedure

      4. Article 31.Decision of the court

      5. Article 32.Notice of the decision

      6. Article 33.Appeal against the decision

      7. Article 34.Courts of appeal and means of contest

      8. Article 35.Stay of proceedings

      9. Article 36.Partial enforcement

    3. SECTION 3 Provisions common to Sections 1 and 2

      1. Article 37.Documents

      2. Article 38.Absence of documents

      3. Article 39.Certificate concerning judgments in matrimonial matters and certificate concerning judgments on parental responsibility

    4. SECTION 4 Enforceability of certain judgments concerning rights of access and of certain judgments which require the return of the child

      1. Article 40.Scope

      2. Article 41.Rights of access

      3. Article 42.Return of the child

      4. Article 43.Rectification of the certificate

      5. Article 44.Effects of the certificate

      6. Article 45.Documents

    5. SECTION 5 Authentic instruments and agreements

      1. Article 46.Documents which have been formally drawn up or registered as...

    6. SECTION 6 Other provisions

      1. Article 47.Enforcement procedure

      2. Article 48.Practical arrangements for the exercise of rights of access

      3. Article 49.Costs

      4. Article 50.Legal aid

      5. Article 51.Security, bond or deposit

      6. Article 52.Legalisation or other similar formality

  5. CHAPTER IV COOPERATION BETWEEN CENTRAL AUTHORITIES IN MATTERS OF PARENTAL RESPONSIBILITY

    1. Article 53.Designation

    2. Article 54.General functions

    3. Article 55.Cooperation on cases specific to parental responsibility

    4. Article 56.Placement of a child in another Member State

    5. Article 57.Working method

    6. Article 58.Meetings

  6. CHAPTER V RELATIONS WITH OTHER INSTRUMENTS

    1. Article 59.Relation with other instruments

    2. Article 60.Relations with certain multilateral conventions

    3. Article 61.Relation with the Hague Convention of 19 October 1996 on Jurisdiction, Applicable law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children

    4. Article 62.Scope of effects

    5. Article 63.Treaties with the Holy See

  7. CHAPTER VI TRANSITIONAL PROVISIONS

    1. Article 64.(1) The provisions of this Regulation shall apply only to...

  8. CHAPTER VII FINAL PROVISIONS

    1. Article 65.Review

    2. Article 66.Member States with two or more legal systems

    3. Article 67.Information on central authorities and languages accepted

    4. Article 68.Information relating to courts and redress procedures

    5. Article 69.Amendments to the Annexes

    6. Article 70.Committee

    7. Article 71.Repeal of Regulation (EC) No 1347/2000

    8. Article 72.Entry into force

  9. Signature

    1. ANNEX I

      CERTIFICATE REFERRED TO IN ARTICLE 39 CONCERNING JUDGMENTS IN MATRIMONIAL MATTERS

      1. 1. Member State of origin

      2. 2. Court or authority issuing the certificate

        1. 2.1. Name

        2. 2.2. Address

        3. 2.3. Tel./fax/e-mail

      3. 3. Marriage

        1. 3.1. Wife

          1. 3.1.1. Full name

          2. 3.1.2. Address

          3. 3.1.3. Country and place of birth

          4. 3.1.4. Date of birth

        2. 3.2. Husband

          1. 3.2.1. Full name

          2. 3.2.2. Address

          3. 3.2.3. Country and place of birth

          4. 3.2.4. Date of birth

        3. 3.3. Country, place (where available) and date of marriage

          1. 3.3.1. Country of marriage

          2. 3.3.2. Place of marriage (where available)

          3. 3.3.3. Date of marriage

      4. 4. Court which delivered the judgment

        1. 4.1. Name of Court

        2. 4.2. Place of Court

      5. 5. Judgment

        1. 5.1. Date

        2. 5.2. Reference number

        3. 5.3. Type of judgment

          1. 5.3.1. Divorce

          2. 5.3.2. Marriage annulment

          3. 5.3.3. Legal separation

        4. 5.4. Was the judgment given in default of appearance?

          1. 5.4.1. No

          2. 5.4.2. Yes

      6. 6. Names of parties to whom legal aid has been granted...

      7. 7. Is the judgment subject to further appeal under the law...

        1. 7.1. No

        2. 7.2. Yes

      8. 8. Date of legal effect in the Member State where the...

        1. 8.1. Divorce

        2. 8.2. Legal separation

      9. Done at …, date …

      10. Signature and/or stamp

    2. ANNEX II

      CERTIFICATE REFERRED TO IN ARTICLE 39 CONCERNING JUDGMENTS ON PARENTAL RESPONSIBILITY

      1. 1. Member State of origin

      2. 2. Court or authority issuing the certificate

        1. 2.1. Name

        2. 2.2. Address

        3. 2.3. Tel./Fax/e-mail

      3. 3. Person(s) with rights of access

        1. 3.1. Full name

        2. 3.2. Address

        3. 3.3. Date and place of birth (where available)

      4. 4. Holders of parental responsibility other than those mentioned under 3

        1. 4.1. 4.1.1. Full name

          1. 4.1.1. Full name

          2. 4.1.2. Address

          3. 4.1.3. Date and place of birth (where available)

        2. 4.2. 4.2.1. Full Name

          1. 4.2.1. Full Name

          2. 4.2.2. Address

          3. 4.2.3. Date and place of birth (where available)

        3. 4.3. 4.3.1. Full name

          1. 4.3.1. Full name

          2. 4.3.2. Address

          3. 4.3.3. Date and place of birth (where available)

      5. 5. Court which delivered the judgment

        1. 5.1. Name of Court

        2. 5.2. Place of Court

      6. 6. Judgment

        1. 6.1. Date

        2. 6.2. Reference number

        3. 6.3. Was the judgment given in default of appearance?

          1. 6.3.1. No

          2. 6.3.2. Yes

      7. 7. Children who are covered by the judgment

        1. 7.1. Full name and date of birth

        2. 7.2. Full name and date of birth

        3. 7.3. Full name and date of birth

        4. 7.4. Full name and date of birth

      8. 8. Names of parties to whom legal aid has been granted...

      9. 9. Attestation of enforceability and service

        1. 9.1. Is the judgment enforceable according to the law of the...

          1. 9.1.1. Yes

          2. 9.1.2. No

        2. 9.2. Has the judgment been served on the party against whom...

          1. 9.2.1. Yes

            1. 9.2.1.1. Full name of the party

            2. 9.2.1.2. Address

            3. 9.2.1.3. Date of service

          2. 9.2.2. No

      10. 10. Specific information on judgments on rights of access where ‘exequatur’...

        1. 10.1. Practical arrangements for exercise of rights of access (to the...

          1. 10.1.1. Date and time

            1. 10.1.1.1. Start

            2. 10.1.1.2. End

          2. 10.1.2. Place

          3. 10.1.3. Specific obligations on holders of parental responsibility

          4. 10.1.4. Specific obligations on the person with right of access

          5. 10.1.5. Any restrictions attached to the exercise of rights of access...

      11. 11. Specific information for judgments on the return of the child...

        1. 11.1. The judgment entails the return of the child

        2. 11.2. Person to whom the child is to be returned (to...

          1. 11.2.1. Full name

          2. 11.2.2 Address

      12. Done at …, date …

      13. Signature and/or stamp

    3. ANNEX III

      CERTIFICATE REFERRED TO IN ARTICLE 41(1) CONCERNING JUDGMENTS ON RIGHTS OF ACCESS

      1. 1. Member State of origin

      2. 2. Court or authority issuing the certificate

        1. 2.1. Name

        2. 2.2. Address

        3. 2.3. Tel./fax/e-mail

      3. 3. Person(s) with rights of access

        1. 3.1. Full name

        2. 3.2. Address

        3. 3.3. Date and place of birth (where available)

      4. 4. Holders of parental responsibility other than those mentioned under 3

        1. 4.1. 4.1.1. Full name

          1. 4.1.1. Full name

          2. 4.1.2. Address

          3. 4.1.3. Date and place of birth (where available)

        2. 4.2. 4.2.1. Full name

          1. 4.2.1. Full name

          2. 4.2.2. Address

          3. 4.2.3. Date and place of birth (where available)

        3. 4.3. Other

          1. 4.3.1. Full name

          2. 4.3.2. Address

          3. 4.3.3. Date and place of birth (where available)

      5. 5. Court which delivered the judgment

        1. 5.1. Name of Court

        2. 5.2. Place of Court

      6. 6. Judgment

        1. 6.1. Date

        2. 6.2. Reference number

      7. 7. Children who are covered by the judgment

        1. 7.1. Full name and date of birth

        2. 7.2. Full name and date of birth

        3. 7.3. Full name and date of birth

        4. 7.4. Full name and date of birth

      8. 8. Is the judgment enforceable in the Member State of origin?...

        1. 8.1. Yes

        2. 8.2. No

      9. 9. Where the judgment was given in default of appearance, the...

      10. 10. All parties concerned were given an opportunity to be heard...

      11. 11. The children were given an opportunity to be heard, unless...

      12. 12. Practical arrangements for exercise of rights of access (to the...

        1. 12.1. Date and time

        2. 12.1.1. Start

        3. 12.1.2. End

        4. 12.2. Place

        5. 12.3. Specific obligations on holders of parental responsibility

        6. 12.4. Specific obligations on the person with right of access

        7. 12.5. Any restrictions attached to the exercise of rights of access...

      13. 13. Names of parties to whom legal aid has been granted...

      14. Done at …, date …

      15. Signature and/or stamp

    4. ANNEX IV

      CERTIFICATE REFERRED TO IN ARTICLE 42(1) CONCERNING THE RETURN OF THE CHILD

      1. 1. Member State of origin

      2. 2. Court or authority issuing the certificate

        1. 2.1. Name

        2. 2.2. Address

        3. 2.3. Tel./fax/e-mail

      3. 3. Person to whom the child has to be returned (to...

        1. 3.1. Full name

        2. 3.2. Address

        3. 3.3. Date and place of birth (where available)

      4. 4. Holders of parental responsibility

        1. 4.1. Mother

          1. 4.1.1. Full name

          2. 4.1.2. Address (where available)

          3. 4.1.3. Date and place of birth (where available)

        2. 4.2. Father

          1. 4.2.1. Full name

          2. 4.2.2. Address (where available)

          3. 4.2.3. Date and place of birth (where available)

        3. 4.3. Other

          1. 4.3.1. Full name

          2. 4.3.2. Address (where available)

          3. 4.3.3. Date and place of birth (where available)

      5. 5. Respondent (where available)

        1. 5.1. Full name

        2. 5.2. Address (where available)

      6. 6. Court which delivered the judgment

        1. 6.1. Name of Court

        2. 6.2. Place of Court

      7. 7. Judgment

        1. 7.1. Date

        2. 7.2. Reference number

      8. 8. Children who are covered by the judgment

        1. 8.1. Full name and date of birth

        2. 8.2. Full name and date of birth

        3. 8.3. Full name and date of birth

        4. 8.4. Full name and date of birth

      9. 9. The judgment entails the return of the child

      10. 10. Is the judgment enforceable in the Member State of origin?...

        1. 10.1. Yes

        2. 10.2. No

      11. 11. The children were given an opportunity to be heard, unless...

      12. 12. The parties were given an opportunity to be heard

      13. 13. The judgment entails the return of the children and the...

      14. 14. Where applicable, details of measures taken by courts or authorities...

      15. 15. Names of parties to whom legal aid has been granted...

      16. Done at …, date …

      17. Signature and/or stamp

    5. ANNEX V

      COMPARATIVE TABLE WITH REGULATION (EC) No 1347/2000

    6. ANNEX VI

      1. Declarations by Sweden and Finland pursuant to Article 59(2)(a) of...

      2. Declaration by Sweden:

      3. Declaration by Finland:

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