Council of the European Union 25 June 2019, 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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European Union · · · Cited by 863 · 25-06-2019

CHAPTER I. SCOPE AND DEFINITIONS
Article 1. Scope
Article 2. Definitions
CHAPTER II. JURISDICTION IN MATRIMONIAL MATTERS AND IN MATTERS OF PARENTAL RESPONSIBILITY
SECTION 1. Divorce, legal separation and marriage annulment
Article 3. General jurisdiction
Article 4. Counterclaim
Article 5. Conversion of legal separation to divorce
Article 6. Residual jurisdiction
SECTION 2. Parental responsibility
Article 7. General jurisdiction
Article 8. Continuing jurisdiction in relation to access rights
Article 9. Jurisdiction in cases of the wrongful removal or retention of a child
Article 10. Choice of court
Article 11. Jurisdiction based on presence of the child
Article 12. Transfer of jurisdiction to a court of another Member State
Article 13. Request for transfer of jurisdiction by a court of a Member State not having jurisdiction
Article 14. Residual jurisdiction
Article 15. Provisional, including protective, measures in urgent cases
Article 16. Incidental questions
SECTION 3. Common provisions
Article 17. Seising of a court
Article 18. Examination as to jurisdiction
Article 19. Examination as to admissibility
Article 20. Lis pendens and dependent actions
Article 21. Right of the child to express his or her views
CHAPTER III. INTERNATIONAL CHILD ABDUCTION
Article 22. Return of the child under the 1980 Hague Convention
Article 23. Receipt and processing of applications by Central Authorities
Article 24. Expeditious court proceedings
Article 25. Alternative dispute resolution
Article 26. Right of the child to express his or her views in return proceedings
Article 27. Procedure for the return of a child
Article 28. Enforcement of decisions ordering the return of a child
Article 29. Procedure following a refusal to return the child under point (b) of Article 13(1) and Article 13(2) of the 1980 Hague Convention
CHAPTER IV. RECOGNITION AND ENFORCEMENT
SECTION 1. General provisions on recognition and enforcement
Subsection 1. Recognition
Article 30. Recognition of a decision
Article 31. Documents to be produced for recognition
Article 32. Absence of documents
Article 33. Stay of proceedings
Subsection 2. Enforceability and enforcement
Article 34. Enforceable decisions
Article 35. Documents to be produced for enforcement
Subsection 3. Certificate
Article 36. Issuance of the certificate
Article 37. Rectification of the certificate
Subsection 4. Refusal of recognition and enforcement
Article 38. Grounds for refusal of recognition of decisions in matrimonial matters
Article 39. Grounds for refusal of recognition of decisions in matters of parental responsibility
Article 40. Procedure for refusal of recognition
Article 41. Grounds for refusal of enforcement of decisions in matters of parental responsibility
SECTION 2. Recognition and enforcement of certain privileged decisions
Article 42. Scope
Subsection 1. Recognition
Article 43. Recognition
Article 44. Stay of proceedings
Subsection 2. Enforceability and enforcement
Article 45. Enforceable decisions
Article 46. Documents to be produced for enforcement
Subsection 3. Certificate for privileged decisions
Article 47. Issuance of the certificate
Article 48. Rectification and withdrawal of the certificate
Article 49. Certificate on lack or limitation of enforceability
Subsection 4. Refusal of recognition and enforcement
Article 50. Irreconcilable decisions
SECTION 3. Common provisions on enforcement
Subsection 1. Enforcement
Article 51. Enforcement procedure
Article 52. Authorities competent for enforcement
Article 53. Partial enforcement
Article 54. Arrangements for the exercise of rights of access
Article 55. Service of certificate and decision
Subsection 2. Suspension of enforcement proceedings and refusal of enforcement
Article 56. Suspension and refusal
Article 57. Grounds for suspension or refusal of enforcement under national law
Article 58. Jurisdiction of authorities or courts competent for refusal of enforcement
Article 59. Application for refusal of enforcement
Article 60. Expeditious procedures
Article 61. Challenge or appeal
Article 62. Further challenge or appeal
Article 63. Stay of proceedings
SECTION 4. Authentic instruments and agreements
Article 64. Scope
Article 65. Recognition and enforcement of authentic instruments and agreements
Article 66. Certificate
Article 67. Rectification and withdrawal of the certificate
Article 68. Grounds for refusal of recognition or enforcement
SECTION 5. Other provisions
Article 69. Prohibition of review of jurisdiction of the court of origin
Article 70. Differences in applicable law
Article 71. Non-review as to substance
Article 72. Appeal in certain Member States
Article 73. Costs
Article 74. Legal aid
Article 75. Security, bond or deposit
CHAPTER V. COOPERATION IN MATTERS OF PARENTAL RESPONSIBILITY
Article 76. Designation of Central Authorities
Article 77. General tasks of Central Authorities
Article 78. Requests through Central Authorities
Article 79. Specific tasks of requested Central Authorities
Article 80. Cooperation on collecting and exchanging information relevant in procedures in matters of parental responsibility
Article 81. Implementation of decisions in matters of parental responsibility in another Member State
Article 82. Placement of a child in another Member State
Article 83. Costs of Central Authorities
Article 84. Meetings of Central Authorities
CHAPTER VI. GENERAL PROVISIONS
Article 85. Scope
Article 86. Cooperation and communication between courts
Article 87. Collection and transmission of information
Article 88. Notification of the data subject
Article 89. Non-disclosure of information
Article 90. Legalisation or other similar formality
Article 91. Languages
CHAPTER VII. DELEGATED ACTS
Article 92. Amendments to the Annexes
Article 93. Exercise of the delegation
CHAPTER VIII. RELATIONS WITH OTHER INSTRUMENTS
Article 94. Relations with other instruments
Article 95. Relations with certain multilateral conventions
Article 96. Relation with the 1980 Hague Convention
Article 97. Relation with the 1996 Hague Convention
Article 98. Scope of effect
Article 99. Treaties with the Holy See
CHAPTER IX. FINAL PROVISIONS
Article 100. Transitional provisions
Article 101. Monitoring and Evaluation
Article 102. Member States with two or more legal systems
Article 103. Information to be communicated to the Commission
Article 104. Repeal
Article 105. Entry into force
ANNEX I. CERTIFICATE TO BE ISSUED BY THE COURT FOLLOWING A DECISION REFUSING THE RETURN OF A CHILD TO ANOTHER MEMBER STATE BASED SOLELY ON POINT (B) OF ARTICLE 13(1), OR ON ARTICLE 13(2), OR BOTH, OF THE 1980 HAGUE CONVENTION (1)

2.7.2019

Official Journal of the European Union

L 178/1

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)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the

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