Council Regulation (EU) 2019/1111Show full title

CHAPTER IV U.K. RECOGNITION AND ENFORCEMENT

SECTION 1 U.K. General provisions on recognition and enforcement

Subsection 1 U.K. Recognition

Article 30 U.K. Recognition of a decision

1. A decision given in a Member State shall be recognised in the other Member States without any special procedure being required.

2. In particular, and without prejudice to paragraph 3, no special procedure shall be required for updating the civil-status records of a Member State on the basis of a decision relating to divorce, legal separation or marriage annulment given in another Member State, and against which no further appeal lies under the law of that Member State.

3. Any interested party may, in accordance with the procedures provided for in Articles 59 to 62 and, where appropriate, Section 5 of this Chapter and Chapter VI, apply for a decision that there are no grounds for refusal of recognition referred to in Articles 38 and 39.

4. The local jurisdiction of the court communicated by each Member State to the Commission pursuant to Article 103 shall be determined by the law of the Member State in which proceedings in accordance with paragraph 3 of this Article are brought.

5. Where the recognition of a decision is raised as an incidental question before a court of a Member State, that court may determine that issue.

Article 31 U.K. Documents to be produced for recognition

1. A party who wishes to invoke in a Member State a decision given in another Member State shall produce the following:

(a) a copy of the decision which satisfies the conditions necessary to establish its authenticity; and

(b) the appropriate certificate issued pursuant to Article 36.

2. The court or competent authority before which a decision given in another Member State is invoked may, where necessary, require the party invoking it to provide a translation or transliteration, in accordance with Article 91, of the translatable content of the free text fields of the certificate referred to in point (b) of paragraph 1 of this Article.

3. The court or competent authority before which a decision given in another Member State is invoked may require the party to provide a translation or transliteration, in accordance with Article 91, of the decision in addition to a translation or transliteration of the translatable content of the free text fields of the certificate if it is unable to proceed without such a translation or transliteration.

Article 32 U.K. Absence of documents

1. If the documents specified in Article 31(1) are not produced, the court or competent authority may specify a time for its production, accept equivalent documents or, if it considers that it has sufficient information before it, dispense with its production.

2. If the court or competent authority so requires, a translation or transliteration, in accordance with Article 91, of such equivalent documents shall be produced.

Article 33 U.K. Stay of proceedings

The court before which a decision given in another Member State is invoked may stay its proceedings, in whole or in part, where:

(a)

an ordinary appeal against that decision has been lodged in the Member State of origin; or

(b)

an application has been submitted for a decision that there are no grounds for refusal of recognition referred to in Articles 38 and 39 or for a decision that the recognition is to be refused on the basis of one of those grounds.

Subsection 2 U.K. Enforceability and enforcement

Article 34 U.K. Enforceable decisions

1. A decision in matters of parental responsibility given in a Member State which is enforceable in that Member State shall be enforceable in the other Member States without any declaration of enforceability being required.

2. For the purposes of enforcement in another Member State of a decision granting rights of access, the court of origin may declare the decision provisionally enforceable notwithstanding any appeal.

Article 35 U.K. Documents to be produced for enforcement

1. For the purposes of enforcement in a Member State of a decision given in another Member State, the party seeking enforcement shall provide the authority competent for enforcement with:

(a) a copy of the decision, which satisfies the conditions necessary to establish its authenticity; and

(b) the appropriate certificate issued pursuant to Article 36.

2. For the purposes of enforcement in a Member State of a decision given in another Member State ordering a provisional, including a protective, measure, the party seeking enforcement shall provide the authority competent for enforcement with:

(a) a copy of the decision, which satisfies the conditions necessary to establish its authenticity;

(b) the appropriate certificate issued pursuant to Article 36, certifying that the decision is enforceable in the Member State of origin and that the court of origin:

(i)

has jurisdiction as to the substance of the matter; or

(ii)

has ordered the measure in accordance with Article 27(5) in conjunction with Article 15; and

(c) where the measure was ordered without the respondent being summoned to appear, proof of service of the decision.

3. The authority competent for enforcement may, where necessary, require the party seeking enforcement to provide a translation or transliteration, in accordance with Article 91, of the translatable content of the free text fields of the certificate which specifies the obligation to be enforced.

4. The authority competent for enforcement may require the party seeking enforcement to provide a translation or transliteration, in accordance with Article 91, of the decision if it is unable to proceed without such a translation or transliteration.

Subsection 3 U.K. Certificate

Article 36 U.K. Issuance of the certificate

1. The court of a Member State of origin as communicated to the Commission pursuant to Article 103 shall, upon application by a party, issue a certificate for:

(a) a decision in matrimonial matters using the form set out in Annex II;

(b) a decision in matters of parental responsibility using the form set out in Annex III;

(c) a decision ordering the return of a child as referred to in point (a) of Article 2(1), and, where applicable, any provisional, including protective, measures ordered in accordance with Article 27(5) accompanying the decision using the form set out in Annex IV.

2. The certificate shall be completed and issued in the language of the decision. The certificate may also be issued in another official language of the institutions of the European Union requested by the party. This does not create any obligation for the court issuing the certificate to provide a translation or transliteration of the translatable content of the free text fields.

3. No challenge shall lie against the issuance of the certificate.

Article 37 U.K. Rectification of the certificate

1. The court of a Member State of origin as communicated to the Commission pursuant to Article 103 shall, upon application, and may, of its own motion, rectify the certificate where, due to a material error or omission, there is a discrepancy between the decision to be enforced and the certificate.

2. The law of the Member State of origin shall apply to the procedure for rectification of the certificate.

Subsection 4 U.K. Refusal of recognition and enforcement

Article 38 U.K. Grounds for refusal of recognition of decisions in matrimonial matters

The recognition of a decision relating to a divorce, legal separation or marriage annulment shall be refused:

(a)

if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked;

(b)

where it was given in default of appearance, if the respondent was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable the respondent to arrange for his or her defence unless it is determined that the respondent has accepted the decision unequivocally;

(c)

if it is irreconcilable with a decision given in proceedings between the same parties in the Member State in which recognition is invoked; or

(d)

if it is irreconcilable with an earlier decision given in another Member State or in a non-Member State between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State in which recognition is invoked.

Article 39 U.K. Grounds for refusal of recognition of decisions in matters of parental responsibility

1. The recognition of a decision in matters of parental responsibility shall be refused:

(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the best interests of the child;

(b) where it was given in default of appearance if the person in default was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable that person to arrange for his or her defence unless it is determined that such person has accepted the decision unequivocally;

(c) upon application by any person claiming that the decision infringes his or her parental responsibility, if it was given without such person having been given an opportunity to be heard;

(d) if and to the extent that it is irreconcilable with a later decision relating to parental responsibility given in the Member State in which recognition is invoked;

(e) if and to the extent that it is irreconcilable with a later decision relating to parental responsibility given in another Member State or in the non-Member State of the habitual residence of the child provided that the later decision fulfils the conditions necessary for its recognition in the Member State in which recognition is invoked; or

(f) if the procedure laid down in Article 82 has not been complied with.

2. The recognition of a decision in matters of parental responsibility may be refused if it was given without the child who is capable of forming his or her own views having been given an opportunity to express his or her views in accordance with Article 21, except where:

(a) the proceedings only concerned the property of the child and provided that giving such an opportunity was not required in light of the subject matter of the proceedings; or

(b) there were serious grounds taking into account, in particular, the urgency of the case.

Article 40 U.K. Procedure for refusal of recognition

1. The procedures provided for in Articles 59 to 62 and, where appropriate, Section 5 of this Chapter and Chapter VI shall apply accordingly to an application for refusal of recognition.

2. The local jurisdiction of the court communicated by each Member State to the Commission pursuant to Article 103 shall be determined by the law of the Member State in which proceedings for non-recognition are brought.

Article 41 U.K. Grounds for refusal of enforcement of decisions in matters of parental responsibility

Without prejudice to Article 56(6), the enforcement of a decision in matters of parental responsibility shall be refused if one of the grounds for refusal of recognition referred to in Article 39 is found to exist.

SECTION 2 U.K. Recognition and enforcement of certain privileged decisions

Article 42 U.K. Scope

1. This Section applies to the following types of decision provided that they have been certified in the Member State of origin in accordance with Article 47:

(a) decisions in so far as they grant rights of access; and

(b) decisions pursuant to Article 29(6) in so far as they entail the return of the child.

2. This Section shall not prevent a party from seeking recognition and enforcement of a decision referred to in paragraph 1 in accordance with the provisions on recognition and enforcement laid down in Section 1 of this Chapter.

Subsection 1 U.K. Recognition

Article 43 U.K. Recognition

1. A decision referred to in Article 42(1) given in a Member State shall be recognised in the other Member States without any special procedure being required and without any possibility of opposing its recognition unless and to the extent that the decision is found to be irreconcilable with a later decision as referred to in Article 50.

2. A party who wishes to invoke in a Member State a decision referred to in Article 42(1) given in another Member State shall produce the following:

(a) a copy of the decision, which satisfies the conditions necessary to establish its authenticity; and

(b) the appropriate certificate issued pursuant to Article 47.

3. Article 31(2) and (3) shall apply accordingly.

Article 44 U.K. Stay of proceedings

The court before which a decision referred to in Article 42(1) given in another Member State is invoked may stay its proceedings, in whole or in part, where:

(a)

an application has been submitted alleging the irreconcilability of that decision with a later decision as referred to in Article 50; or

(b)

the person against whom enforcement is sought has applied, in accordance with Article 48, for the withdrawal of a certificate issued pursuant to Article 47.

Subsection 2 U.K. Enforceability and enforcement

Article 45 U.K. Enforceable decisions

1. A decision referred to in Article 42(1) given in a Member State which is enforceable in that Member State shall be enforceable under this Section in the other Member States without any declaration of enforceability being required.

2. For the purposes of enforcement in another Member State of a decision referred to in point (a) of Article 42(1), the courts of the Member State of origin may declare the decision provisionally enforceable notwithstanding any appeal.

Article 46 U.K. Documents to be produced for enforcement

1. For the purposes of enforcement in a Member State of a decision referred to in Article 42(1) which was given in another Member State, the party seeking enforcement shall provide the authority competent for enforcement with:

(a) a copy of the decision, which satisfies the conditions necessary to establish its authenticity; and

(b) the appropriate certificate issued pursuant to Article 47.

2. For the purposes of enforcement in a Member State of a decision referred to in point (a) of Article 42(1) which was given in another Member State, the authority competent for enforcement may, where necessary, require the applicant to provide a translation or transliteration, in accordance with Article 91, of the translatable content of the free text fields of the certificate which specifies the obligation to be enforced.

3. For the purposes of enforcement in a Member State of a decision referred to in Article 42(1) which was given in another Member State, the authority competent for enforcement may require the applicant to provide a translation or transliteration, in accordance with Article 91, of the decision if it is unable to proceed without such a translation or transliteration.

Subsection 3 U.K. Certificate for privileged decisions

Article 47 U.K. Issuance of the certificate

1. The court that has given a decision as referred to in Article 42(1) shall, upon application by a party, issue a certificate for:

(a) a decision granting rights of access, using the form set out in Annex V;

(b) a decision on the substance of rights of custody entailing the return of a child and given pursuant to Article 29(6), using the form set out in Annex VI.

2. The certificate shall be completed and issued in the language of the decision. The certificate may also be issued in another official language of the institutions of the European Union requested by a party. This does not create any obligation for the court issuing the certificate to provide a translation or transliteration of the translatable content of the free text fields.

3. The court shall issue the certificate only if the following conditions are met:

(a) all parties concerned were given an opportunity to be heard;

(b) the child was given an opportunity to express his or her views in accordance with Article 21;

(c) where the decision was given in default of appearance either:

(i)

the person defaulting was served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable that person to arrange for his or her defence; or

(ii)

it is established that the person defaulting accepted the decision unequivocally.

4. Without prejudice to paragraph 3 of this Article, the certificate for a decision referred to in point (b) of Article 42(1) shall only be issued if, in giving its decision, the court has taken into account the reasons for and the facts underlying the prior decision given in another Member State pursuant to point (b) of Article 13(1), or Article 13(2), of the 1980 Hague Convention.

5. The certificate shall take effect only within the limits of the enforceability of the decision.

6. No challenges other than those referred to in Article 48 shall lie against the issuance of the certificate.

Article 48 U.K. Rectification and withdrawal of the certificate

1. The court of the Member State of origin as communicated to the Commission pursuant to Article 103 shall, upon application, and may, of its own motion, rectify the certificate where, due to a material error or omission, there is a discrepancy between the decision and the certificate.

2. The court referred to in paragraph 1 of this Article shall, upon application or of its own motion, withdraw the certificate where it was wrongly granted, having regard to the requirements laid down in Article 47. Article 49 shall apply accordingly.

3. The procedure, including any appeal, with regard to the rectification or withdrawal of the certificate shall be governed by the law of the Member State of origin.

Article 49 U.K. Certificate on lack or limitation of enforceability

1. Where and to the extent that a decision certified in accordance with Article 47 has ceased to be enforceable or its enforceability has been suspended or limited, a certificate indicating the lack or limitation of enforceability shall, upon application at any time to the court of the Member State of origin as communicated to the Commission pursuant to Article 103, be issued, using the standard form set out in Annex VII.

2. The certificate shall be completed and issued in the language of the decision. The certificate may also be issued in another official language of the institutions of the European Union requested by a party. This does not create any obligation for the court issuing the certificate to provide a translation or transliteration of the translatable content of the free text fields.

Subsection 4 U.K. Refusal of recognition and enforcement

Article 50 U.K. Irreconcilable decisions

The recognition and enforcement of a decision referred to in Article 42(1) shall be refused if and to the extent that it is irreconcilable with a later decision relating to parental responsibility concerning the same child which was given:

(a)

in the Member State in which recognition is invoked; or

(b)

in another Member State or in the non-Member State of the habitual residence of the child provided that the later decision fulfils the conditions necessary for its recognition in the Member State in which the recognition is invoked.

SECTION 3 U.K. Common provisions on enforcement

Subsection 1 U.K. Enforcement

Article 51 U.K. Enforcement procedure

1. Subject to the provisions of this Section, the procedure for the enforcement of decisions given in another Member State shall be governed by the law of the Member State of enforcement. Without prejudice to Articles 41, 50, 56 and 57, a decision given in a Member State which is enforceable in the Member State of origin shall be enforced in the Member State of enforcement under the same conditions as a decision given in that Member State.

2. The party seeking the enforcement of a decision given in another Member State shall not be required to have a postal address in the Member State of enforcement. That party shall be required to have an authorised representative in the Member State of enforcement only if such a representative is mandatory under the law of the Member State of enforcement irrespective of the nationality of the parties.

Article 52 U.K. Authorities competent for enforcement

The application for enforcement shall be submitted to the authority competent for enforcement under the law of the Member State of enforcement as communicated by that Member State to the Commission pursuant to Article 103.

Article 53 U.K. Partial enforcement

1. A party seeking the enforcement of a decision may apply for partial enforcement of the decision.

2. Where a decision has been given in respect of several matters and enforcement has been refused for one or more of them, enforcement shall nonetheless be possible for the parts of the decision not affected by the refusal.

3. Paragraphs 1 and 2 of this Article shall not be used to enforce a decision ordering the return of a child without also enforcing any provisional, including protective, measures, which have been ordered to protect the child from the risk referred to in point (b) of Article 13(1) of the 1980 Hague Convention.

Article 54 U.K. Arrangements for the exercise of rights of access

1. The authorities competent for enforcement or courts of the Member State of enforcement may make arrangements for organising the exercise of rights of access, if the necessary arrangements have not at all or have not sufficiently been made in the decision given by the courts of the Member State having jurisdiction as to the substance of the matter and provided the essential elements of this decision are respected.

2. The arrangements made pursuant to paragraph 1 shall cease to apply following a later decision by the courts of the Member State having jurisdiction as to the substance of the matter.

Article 55 U.K. Service of certificate and decision

1. Where enforcement is sought of a decision given in another Member State, the appropriate certificate issued pursuant to Articles 36 or 47 shall be served on the person against whom enforcement is sought prior to the first enforcement measure. The certificate shall be accompanied by the decision, if not already served on that person, and, where applicable, by the details of the arrangement referred to in Article 54(1).

2. Where service has to be effected in a Member State other than the Member State of origin, the person against whom enforcement is sought may request a translation or transliteration of the following:

(a) the decision, in order to contest the enforcement;

(b) where applicable, the translatable content of the free text fields of the certificate issued pursuant to Article 47,

if not written in or accompanied by a translation or transliteration into either a language which he or she understands, or the official language of the Member State in which he or she is habitually resident or, where there are several official languages in that Member State, the official language or one of the official languages of the place where he or she is habitually resident.

3. Where a translation or transliteration is requested under paragraph 2, no measures of enforcement may be taken other than protective measures until that translation or transliteration has been provided to the person against whom enforcement is sought.

4. Paragraphs 2 and 3 shall not apply to the extent that the decision and, where applicable, the certificate referred to in paragraph 1 have already been served on the person against whom enforcement is sought in compliance with the translation or transliteration requirements in paragraph 2.

Subsection 2 U.K. Suspension of enforcement proceedings and refusal of enforcement

Article 56 U.K. Suspension and refusal

1. The authority competent for enforcement or the court in the Member State of enforcement shall of its own motion or upon application of the person against whom enforcement is sought or, where applicable under national law, of the child concerned suspend the enforcement proceedings where the enforceability of the decision is suspended in the Member State of origin.

2. The authority competent for enforcement or the court in the Member State of enforcement may, upon the application of the person against whom enforcement is sought or, where applicable under national law, of the child concerned, suspend, in whole or in part, the enforcement proceedings for one of the following reasons:

(a) an ordinary appeal against the decision has been lodged in the Member State of origin;

(b) the time for an ordinary appeal referred to in point (a) has not yet expired;

(c) an application for refusal of enforcement based on Article 41, 50 or 57 has been submitted;

(d) the person against whom enforcement is sought has applied in accordance with Article 48 for the withdrawal of a certificate issued pursuant to Article 47.

3. Where the authority competent for enforcement or the court suspends the enforcement proceedings for the reason referred to in point (b) of paragraph 2, it may specify the time within which any appeal is to be lodged.

4. In exceptional cases, the authority competent for enforcement or the court may, upon application of the person against whom enforcement is sought or, where applicable under national law, of the child concerned or of any interested party acting in the best interests of the child, suspend the enforcement proceedings if enforcement would expose the child to a grave risk of physical or psychological harm due to temporary impediments which have arisen after the decision was given, or by virtue of any other significant change of circumstances.

Enforcement shall be resumed as soon as the grave risk of physical or psychological harm ceases to exist.

5. In the cases referred to in paragraph 4, before refusing enforcement under paragraph 6, the authority competent for enforcement or the court shall take appropriate steps to facilitate enforcement in accordance with national law and procedure and the best interests of the child.

6. Where the grave risk referred to in paragraph 4 is of a lasting nature, the authority competent for enforcement or the court, upon application, may refuse the enforcement of the decision.

Article 57 U.K. Grounds for suspension or refusal of enforcement under national law

The grounds for suspension or refusal of enforcement under the law of the Member State of enforcement shall apply in so far as they are not incompatible with the application of Articles 41, 50 and 56.

Article 58 U.K. Jurisdiction of authorities or courts competent for refusal of enforcement

1. The application for refusal of enforcement based on Article 39 shall be submitted to the court communicated by each Member State to the Commission pursuant to Article 103. The application for refusal of enforcement based on other grounds set out in or permitted by this Regulation shall be submitted to the authority or the court communicated by each Member State to the Commission pursuant to Article 103.

2. The local jurisdiction of the authority or court communicated by each Member State to the Commission pursuant to Article 103 shall be determined by the law of the Member State in which proceedings in accordance with paragraph 1 of this Article are brought.

Article 59 U.K. Application for refusal of enforcement

1. The procedure for making an application for refusal of enforcement shall, in so far as it is not covered by this Regulation, be governed by the law of the Member State of enforcement.

2. The applicant shall provide the authority competent for enforcement or the court with a copy of the decision and, where applicable and possible, the appropriate certificate issued pursuant to Article 36 or 47.

3. The authority competent for enforcement or the court may, where necessary, require the applicant to provide a translation or transliteration, in accordance with Article 91, of the translatable content of the free text fields of the appropriate certificate issued pursuant to Article 36 or 47 which specifies the obligation to be enforced.

4. If the authority competent for enforcement or the court is unable to proceed without a translation or transliteration of the decision, it may require the applicant to provide such a translation or transliteration in accordance with Article 91.

5. The authority competent for enforcement or the court may dispense with the production of the documents referred to in paragraph 2 if:

(a) it already possesses them; or

(b) it considers it unreasonable to require the applicant to provide them.

In the case referred to in point (b) of the first subparagraph, the authority competent for enforcement or the court may require the other party to provide those documents.

6. The party seeking the refusal of enforcement of a decision given in another Member State shall not be required to have a postal address in the Member State of enforcement. That party shall be required to have an authorised representative in the Member State of enforcement only if such a representative is mandatory under the law of the Member State of enforcement irrespective of the nationality of the parties.

Article 60 U.K. Expeditious procedures

The authority competent for enforcement or the court shall act without undue delay in procedures concerning the application for refusal of enforcement.

Article 61 U.K. Challenge or appeal

1. Either party may challenge or appeal against a decision on the application for refusal of enforcement.

2. The challenge or appeal shall be lodged with the authority or court communicated by the Member State of enforcement to the Commission pursuant to Article 103 as the authority or court with which such a challenge or appeal is to be lodged.

Article 62 U.K. Further challenge or appeal

A decision given on the challenge or appeal may only be contested by a challenge or appeal where the courts with which any further challenge or appeal is to be lodged have been communicated by the Member State concerned to the Commission pursuant to Article 103.

Article 63 U.K. Stay of proceedings

1. The authority competent for enforcement or the court to which an application for refusal of enforcement is submitted or which hears an appeal lodged under Article 61 or 62 may stay the proceedings for one of the following reasons:

(a) an ordinary appeal against the decision has been lodged in the Member State of origin;

(b) the time for an ordinary appeal referred to in point (a) has not yet expired; or

(c) the person against whom enforcement is sought has applied for the withdrawal in accordance with Article 48 of a certificate issued pursuant to Article 47.

2. Where the authority competent for enforcement or court stays the proceedings for the reason referred to in point (b) of paragraph 1, it may specify the time within which an appeal is to be lodged.

SECTION 4 U.K. Authentic instruments and agreements

Article 64 U.K. Scope

This Section applies in matters of divorce, legal separation and parental responsibility to authentic instruments which have been formally drawn up or registered, and to agreements which have been registered, in a Member State assuming jurisdiction under Chapter II.

Article 65 U.K. Recognition and enforcement of authentic instruments and agreements

1. Authentic instruments and agreements on legal separation and divorce which have binding legal effect in the Member State of origin shall be recognised in other Member States without any special procedure being required. Section 1 of this Chapter shall apply accordingly, unless otherwise provided for in this Section.

2. Authentic instruments and agreements in matters of parental responsibility which have binding legal effect and are enforceable in the Member State of origin shall be recognised and enforced in other Member States without any declaration of enforceability being required. Sections 1 and 3 of this Chapter shall apply accordingly, unless otherwise provided for in this Section.

Article 66 U.K. Certificate

1. The court or competent authority of the Member State of origin as communicated to the Commission pursuant to Article 103 shall, upon application by a party, issue a certificate for an authentic instrument or agreement:

(a) in matrimonial matters using the form set out in Annex VIII;

(b) in matters of parental responsibility using the form set out in Annex IX.

The certificate referred to in point (b) shall contain a summary of the enforceable obligation contained in the authentic instrument or agreement.

2. The certificate may be issued only if the following conditions are met:

(a) the Member State which empowered the public authority or other authority to formally draw up or register the authentic instrument or register the agreement had jurisdiction under Chapter II; and

(b) the authentic instrument or agreement has binding legal effect in that Member State.

3. Notwithstanding paragraph 2, in matters of parental responsibility the certificate may not be issued if there are indications that the content of the authentic instrument or agreement is contrary to the best interests of the child.

4. The certificate shall be completed in the language of the authentic instrument or agreement. It may also be issued in another official language of the institutions of the European Union requested by the party. This does not create any obligation for the court or competent authority issuing the certificate to provide a translation or transliteration of the translatable content of the free text fields.

5. If the certificate is not produced, the authentic instrument or agreement shall not be recognised or enforced in another Member State.

Article 67 U.K. Rectification and withdrawal of the certificate

1. The court or competent authority of the Member State of origin as communicated to the Commission pursuant to Article 103 shall, upon application, and may, of its own motion, rectify the certificate where, due to a material error or omission, there is a discrepancy between the authentic instrument or agreement and the certificate.

2. The court or competent authority referred to in paragraph 1 of this Article shall, upon application or of its own motion, withdraw the certificate where it was wrongly granted, having regard to the requirements laid down in Article 66.

3. The procedure, including any appeal, with regard to the rectification or withdrawal of the certificate shall be governed by the law of the Member State of origin.

Article 68 U.K. Grounds for refusal of recognition or enforcement

1. The recognition of an authentic instrument or agreement on legal separation or divorce shall be refused if:

(a) such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked;

(b) it is irreconcilable with a decision, an authentic instrument or agreement between the same parties in the Member State in which recognition is invoked; or

(c) it is irreconcilable with an earlier decision, authentic instrument or agreement given in another Member State or in a non-Member State between the same parties, provided that the earlier decision, authentic instrument or agreement fulfils the conditions necessary for its recognition in the Member State in which recognition is invoked.

2. The recognition or enforcement of an authentic instrument or agreement in matters of parental responsibility shall be refused:

(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the best interests of the child;

(b) upon application by any person claiming that the authentic instrument or agreement infringes his or her parental responsibility, if the authentic instrument was drawn up or registered, or the agreement was concluded and registered, without that person having been involved;

(c) if and to the extent that it is irreconcilable with a later decision, authentic instrument or agreement in matters of parental responsibility given in the Member State in which recognition is invoked or enforcement is sought;

(d) if and to the extent that it is irreconcilable with a later decision, authentic instrument or agreement in matters of parental responsibility given in another Member State or in the non-Member State of the habitual residence of the child provided that the later decision, authentic instrument or agreement fulfils the conditions necessary for its recognition in the Member State in which recognition is invoked or enforcement is sought.

3. The recognition or enforcement of an authentic instrument or agreement in matters of parental responsibility may be refused if the authentic instrument was formally drawn up or registered, or the agreement was registered, without the child who is capable of forming his or her own views having been given an opportunity to express his or her views.

SECTION 5 U.K. Other provisions

Article 69 U.K. Prohibition of review of jurisdiction of the court of origin

The jurisdiction of the court of the Member State of origin may not be reviewed. The test of public policy referred to in point (a) of Article 38 and point (a) of Article 39 may not be applied to the rules relating to jurisdiction set out in Articles 3 to 14.

Article 70 U.K. Differences in applicable law

The recognition of a decision in matrimonial matters may not be refused because the law of the Member State in which such recognition is invoked would not allow divorce, legal separation or marriage annulment on the same facts.

Article 71 U.K. Non-review as to substance

Under no circumstances may a decision given in another Member State be reviewed as to its substance.

Article 72 U.K. Appeal in certain Member States

Where a decision was given in Ireland, Cyprus or the United Kingdom, any form of appeal available in the Member State of origin shall be treated as an ordinary appeal for the purposes of this Chapter.

Article 73 U.K. Costs

This Chapter shall also apply to the determination of the amount of costs and expenses of proceedings under this Regulation and to the enforcement of any order concerning such costs and expenses.

Article 74 U.K. Legal aid

1. An applicant who, in the Member State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses shall be entitled, in the procedures provided for in Articles 30(3), 40, and 59, to benefit from the most favourable legal aid or the most extensive exemption from costs and expenses provided for by the law of the Member State of enforcement.

2. An applicant who, in the Member State of origin, has benefited from free proceedings before an administrative authority communicated to the Commission pursuant to Article 103 shall be entitled, in any procedures provided for in Articles 30(3), 40 and 59, to benefit from legal aid in accordance with paragraph 1 of this Article. To that end, that party shall present a statement from the competent authority in the Member State of origin to the effect that he or she fulfils the financial requirements to qualify for the grant of complete or partial legal aid or exemption from costs or expenses.

Article 75 U.K. Security, bond or deposit

No security, bond or deposit, however described, shall be required of a party who in one Member State applies for the enforcement of a decision given in another Member State on the ground that he or she is a foreign national or that he or she is not habitually resident in the Member State of enforcement.