Council Regulation (EU) 2019/1111Show full title

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.