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Council Regulation (EU) 2019/1111Show full title
Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast)
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Changes over time for: Subsection 2
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Subsection 2 U.K. Enforceability and enforcement
Article 34U.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 35U.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.
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