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)
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)
(Article 29(2) of Council Regulation (EU) No 2019/1111 (2))
Information for the persons receiving this certificate for the purposes of Article 29(5) of the Regulation
Information for the court receiving this certificate for the purposes of Article 29(3) of the Regulation (3)
1. MEMBER STATE OF ORIGIN OF THE DECISION REFUSING THE RETURN OF THE CHILD(REN)
*
(4)
Belgium (BE) |
Bulgaria (BG) |
Czechia (CZ) |
Germany (DE) |
Estonia (EE) |
Ireland (IE) |
Greece (EL) |
Spain (ES) |
France (FR) |
Croatia (HR) |
Italy (IT) |
Cyprus (CY) |
Latvia (LV) |
Lithuania (LT) |
Luxembourg (LU) |
Hungary (HU) |
Malta (MT) |
Netherlands (NL) |
Austria (AT) |
Poland (PL) |
Portugal (PT) |
Romania (RO) |
Slovenia (SI) |
Slovakia (SK) |
Finland (FI) |
Sweden (SE) |
United Kingdom (UK) |
2. COURT WHICH GAVE THE DECISION AND IS ISSUING THE CERTIFICATE
*
3. DECISION
*
4. ADDITIONAL DOCUMENTS (WHICH MAY BE SHARED WITH THE PARTIES)
*
4.1. A transcript, summary or minutes of the hearing
*
4.2. Any other documents the court considers relevant
*
(5)
5. CHILD(REN) (6) NOT TO BE RETURNED ACCORDING TO THE DECISION
*
5.1. Child 1
*
5.2. Child 2
5.3. Child 3
6. PERSONS (7) CONCERNED BY THE RETURN PROCEEDINGS
*
6.1. Person seeking the return of the child(ren)
*
6.2. Respondent
*
7. THE DECISION REFUSING THE RETURN OF THE CHILD(REN) (8) TO ANOTHER MEMBER STATE IS BASED SOLELY ON ONE, OR BOTH, OF THE FOLLOWING PROVISIONS
*
7.1. Child 1
*
7.2. Child 2
7.3. Child 3
8. AT THE DATE OF THE DECISION INDICATED UNDER POINT 3, PROCEEDINGS ON THE SUBSTANCE OF RIGHTS OF CUSTODY ARE ALREADY PENDING IN THE MEMBER STATE WHERE THE CHILD(REN) WAS (WERE) HABITUALLY RESIDENT IMMEDIATELY BEFORE THE WRONGFUL REMOVAL OR RETENTION
*
8.1. No
8.2. Not known to the court
8.3. Yes
9. THE DECISION REFUSING THE RETURN OF THE CHILD(REN) HAS BEEN NOTIFIED AS FOLLOWS TO
*
9.1. Person 1 as indicated in point 6.1
*
BG |
ES |
CS |
DE |
ET |
EL |
EN |
FR |
GA |
HR |
IT |
LV |
LT |
HU |
MT |
NL |
PL |
PT |
RO |
SK |
SL |
FI |
SV |
|
9.2. Person 2 as indicated in point 6.2
*
BG |
ES |
CS |
DE |
ET |
EL |
EN |
FR |
GA |
HR |
IT |
LV |
LT |
HU |
MT |
NL |
PL |
PT |
RO |
SK |
SL |
FI |
SV |
|
10. FOR INFORMATION PURPOSES: MEASURES HAVE BEEN TAKEN TO ENSURE CONTACT BETWEEN THE CHILD(REN) AND THE PERSON SEEKING THE RETURN OF THE CHILD(REN) PURSUANT TO ARTICLE 27(2) OF THE REGULATION
*
ANNEX II
CERTIFICATE CONCERNING DECISIONS IN MATRIMONIAL MATTERS
(Point (a) of Article 36(1) of Council Regulation (EU) 2019/1111 (1))
IMPORTANT
1. MEMBER STATE OF ORIGIN
*
(2)
Belgium (BE) |
Bulgaria (BG) |
Czechia (CZ) |
Germany (DE) |
Estonia (EE) |
Ireland (IE) |
Greece (EL) |
Spain (ES) |
France (FR) |
Croatia (HR) |
Italy (IT) |
Cyprus (CY) |
Latvia (LV) |
Lithuania (LT) |
Luxembourg (LU) |
Hungary (HU) |
Malta (MT) |
Netherlands (NL) |
Austria (AT) |
Poland (PL) |
Portugal (PT) |
Romania (RO) |
Slovenia (SI) |
Slovakia (SK) |
Finland (FI) |
Sweden (SE) |
United Kingdom (UK) |
2. COURT ISSUING THE CERTIFICATE
*
3. COURT WHICH GAVE THE DECISION (if different)
4. DECISION
*
4.1. Date (dd/mm/yyyy)
*
4.2. Reference number
*
4.3. Type of decision
*
5. MARRIAGE
*
5.1. Spouses
*
5.2. Date, country and place of marriage
*
6. THE DECISION WAS GIVEN IN DEFAULT OF APPEARANCE
*
6.1. No
6.2. Yes
7. THE DECISION IS SUBJECT TO FURTHER APPEAL UNDER THE LAW OF THE MEMBER STATE OF ORIGIN
*
8. DATE OF LEGAL EFFECT IN THE MEMBER STATE WHERE THE DECISION WAS GIVEN (dd/mm/yyyy)
*
9. NAME(S) OF PARTY(IES) WHO BENEFITED FROM LEGAL AID IN ACCORDANCE WITH ARTICLE 74(1) OF THE REGULATION
9.1. Party(ies)
10. COSTS AND EXPENSES OF THE PROCEEDINGS (3)
Euro (EUR) |
Bulgarian lev (BGN) |
Croatian kuna (HRK) |
Czech koruna (CZK) |
Hungarian forint (HUF) |
Polish zloty (PLN) |
Pound sterling (GBP) |
Romanian leu (RON) |
Swedish krona (SEK) |
Other (please specify (ISO code)): |
ANNEX III
CERTIFICATE CONCERNING DECISIONS IN MATTERS OF PARENTAL RESPONSIBILITY
(Point (b) of Article 36(1) of Council Regulation (EU) 2019/1111 (1))
IMPORTANT
1. MEMBER STATE OF ORIGIN
*
(2)
Belgium (BE) |
Bulgaria (BG) |
Czechia (CZ) |
Germany (DE) |
Estonia (EE) |
Ireland (IE) |
Greece (EL) |
Spain (ES) |
France (FR) |
Croatia (HR) |
Italy (IT) |
Cyprus (CY) |
Latvia (LV) |
Lithuania (LT) |
Luxembourg (LU) |
Hungary (HU) |
Malta (MT) |
Netherlands (NL) |
Austria (AT) |
Poland (PL) |
Portugal (PT) |
Romania (RO) |
Slovenia (SI) |
Slovakia (SK) |
Finland (FI) |
Sweden (SE) |
United Kingdom (UK) |
2. COURT ISSUING THE CERTIFICATE
*
3. COURT WHICH GAVE THE DECISION (if different)
4. DECISION
*
5. CHILD(REN) (3) COVERED BY THE DECISION
*
5.1. Child 1
*
5.2. Child 2
5.3. Child 3
6. RIGHTS OF CUSTODY (4)
6.1. Rights of custody attributed according to the decision (5)
6.2. Attributed to the following party(ies) (6)
6.3. The decision entails the handover of the child(ren)
7. RIGHTS OF ACCESS
7.1. Rights of access granted by the decision (7)
7.2. Granted to the following party(ies) (8)
7.3. The decision entails the handover of the child(ren)
8. OTHER RIGHTS IN MATTERS OF PARENTAL RESPONSIBILITY
8.1. Right(s) attributed according to the decision (9)
8.2. Attributed to the following party(ies) (10)
8.3. The decision entails the handover of the child(ren)
9. THE DECISION ORDERS (A) PROVISIONAL, INCLUDING PROTECTIVE, MEASURE(S)
*
9.1. No
9.2. Yes
10. THE DECISION IS SUBJECT TO FURTHER APPEAL UNDER THE LAW OF THE MEMBER STATE OF ORIGIN
*
11. THE DECISION IS ENFORCEABLE IN THE MEMBER STATE OF ORIGIN
*
11.1. Concerning rights of custody as indicated in point 6
11.2. Concerning rights of access as indicated in point 7
11.3. Concerning other rights in matters of parental responsibility as indicated in point 8
12. AS OF THE DATE OF ISSUANCE OF THIS CERTIFICATE, THE DECISION HAS BEEN SERVED UPON THE PARTY(IES) (15) AGAINST WHOM ENFORCEMENT IS SOUGHT
*
12.1. Upon the party as indicated in point … (please fill in)
BG |
ES |
CS |
DE |
ET |
EL |
EN |
FR |
GA |
HR |
IT |
LV |
LT |
HU |
MT |
NL |
PL |
PT |
RO |
SK |
SL |
FI |
SV |
|
|
12.2. Upon the party as indicated in point … (please fill in)
BG |
ES |
CS |
DE |
ET |
EL |
EN |
FR |
GA |
HR |
IT |
LV |
LT |
HU |
MT |
NL |
PL |
PT |
RO |
SK |
SL |
FI |
SV |
|
|
13. THE DECISION WAS GIVEN IN DEFAULT OF APPEARANCE
*
13.1. No
13.2. Yes
14. THE CHILD(REN) (17) AS INDICATED IN POINT 5 WAS (WERE) CAPABLE OF FORMING HIS OR HER (THEIR) OWN VIEWS
*
14.1. Child as indicated in point 5.1
14.2. Child as indicated in point 5.2
14.3. Child as indicated in point 5.3
15. THE CHILD(REN) CAPABLE OF FORMING HIS OR HER (THEIR) OWN VIEWS AS INDICATED IN POINT 14 WAS (WERE) GIVEN A GENUINE AND EFFECTIVE OPPORTUNITY TO EXPRESS HIS OR HER (THEIR) VIEWS IN ACCORDANCE WITH ARTICLE 21 OF THE REGULATION
15.1. Child as indicated in point 5.1
15.2. Child as indicated in point 5.2
15.3. Child as indicated in point 5.3
16. NAME(S) OF PARTY(IES) (18) WHO BENEFITED FROM LEGAL AID IN ACCORDANCE WITH ARTICLE 74(1) OF THE REGULATION
16.1. Party(ies)
17. COSTS AND EXPENSES OF THE PROCEEDINGS (19)
Euro (EUR) |
Bulgarian lev (BGN) |
Croatian kuna (HRK) |
Czech koruna (CZK) |
Hungarian forint (HUF) |
Polish zloty (PLN) |
Pound sterling (GBP) |
Romanian leu (RON) |
Swedish krona (SEK) |
Other (please specify (ISO code)): |
ANNEX IV
CERTIFICATE CONCERNING DECISIONS ORDERING THE RETURN OF A CHILD TO ANOTHER MEMBER STATE PURSUANT TO THE 1980 HAGUE CONVENTION (1) AND ANY PROVISIONAL, INCLUDING PROTECTIVE, MEASURES TAKEN IN ACCORDANCE WITH ARTICLE 27(5) OF THE REGULATION ACCOMPANYING THEM
(Point (c) of Article 36(1) of Council Regulation (EU) 2019/1111 (2))
IMPORTANT
1. MEMBER STATE OF ORIGIN OF THE DECISION ORDERING THE RETURN OF THE CHILD(REN)
*
(3)
Belgium (BE) |
Bulgaria (BG) |
Czechia (CZ) |
Germany (DE) |
Estonia (EE) |
Ireland (IE) |
Greece (EL) |
Spain (ES) |
France (FR) |
Croatia (HR) |
Italy (IT) |
Cyprus (CY) |
Latvia (LV) |
Lithuania (LT) |
Luxembourg (LU) |
Hungary (HU) |
Malta (MT) |
Netherlands (NL) |
Austria (AT) |
Poland (PL) |
Portugal (PT) |
Romania (RO) |
Slovenia (SI) |
Slovakia (SK) |
Finland (FI) |
Sweden (SE) |
United Kingdom (UK) |
2. COURT ISSUING THE CERTIFICATE
*
3. COURT WHICH GAVE THE DECISION (if different)
4. DECISION
*
5. CHILD(REN) (4) TO BE RETURNED ACCORDING TO THE DECISION
*
5.1. Child 1
*
5.2. Child 2
5.3. Child 3
6. MEMBER STATE TO WHICH THE CHILD(REN) SHOULD BE RETURNED ACCORDING TO THE DECISION
*
Belgium (BE) |
Bulgaria (BG) |
Czechia (CZ) |
Germany (DE) |
Estonia (EE) |
Ireland (IE) |
Greece (EL) |
Spain (ES) |
France (FR) |
Croatia (HR) |
Italy (IT) |
Cyprus (CY) |
Latvia (LV) |
Lithuania (LT) |
Luxembourg (LU) |
Hungary (HU) |
Malta (MT) |
Netherlands (NL) |
Austria (AT) |
Poland (PL) |
Portugal (PT) |
Romania (RO) |
Slovenia (SI) |
Slovakia (SK) |
Finland (FI) |
Sweden (SE) |
United Kingdom (UK) |
7. IF AND TO THE EXTENT STATED IN THE DECISION, THE CHILD(REN) IS (ARE) TO BE RETURNED TO (5)
7.1. Party 1
7.2. Party 2
8. PRACTICAL ARRANGEMENTS FOR THE RETURN (IF AND TO THE EXTENT STATED IN THE DECISION) (6)
9. THE DECISION INCLUDES (A) PROVISIONAL, INCLUDING PROTECTIVE, MEASURES BASED ON ARTICLE 27(5) OF THE REGULATION TO PROTECT THE CHILD FROM THE GRAVE RISK REFERRED TO IN POINT (B) OF ARTICLE 13(1) OF THE 1980 HAGUE CONVENTION
*
9.1. No
9.2. Yes
10. PARTY (8) AGAINST WHOM ENFORCEMENT IS SOUGHT
*
10.1. Surname(s)
*
10.2. Given name(s)
*
10.3. Date of birth (dd/mm/yyyy)
*
10.4. Place of birth (if available)
10.5. Identity number or social security number (if applicable and available)
10.6. Address (if available)
11. THE DECISION IS SUBJECT TO FURTHER APPEAL UNDER THE LAW OF THE MEMBER STATE OF ORIGIN
*
12. THE DECISION IS ENFORCEABLE IN THE MEMBER STATE OF ORIGIN
*
12.1. No
12.2. Yes, without any restrictions (please indicate the date (dd/mm/yyyy) on which the decision became enforceable): …/…/……
12.3. Yes, but only against the party (9) as indicated in point … (please fill in)
13. AS OF THE DATE OF ISSUANCE OF THE CERTIFICATE, THE DECISION HAS BEEN SERVED UPON THE PARTY(IES) (10) AGAINST WHOM ENFORCEMENT IS SOUGHT AS INDICATED IN POINT 10
*
BG |
ES |
CS |
DE |
ET |
EL |
EN |
FR |
GA |
HR |
IT |
LV |
LT |
HU |
MT |
NL |
PL |
PT |
RO |
SK |
SL |
FI |
SV |
|
|
14. THE DECISION WAS GIVEN IN DEFAULT OF APPEARANCE
*
14.1. No
14.2. Yes
15. THE CHILD(REN) (11) AS INDICATED IN POINT 5 WAS (WERE) CAPABLE OF FORMING HIS OR HER (THEIR) OWN VIEWS
*
15.1. Child as indicated in point 5.1.
15.2. Child as indicated in point 5.2.
15.3. Child as indicated in point 5.3.
16. THE CHILD(REN) (12) CAPABLE OF FORMING HIS OR HER (THEIR) OWN VIEWS AS INDICATED IN POINT 15 WAS (WERE) GIVEN A GENUINE AND EFFECTIVE OPPORTUNITY TO EXPRESS HIS OR HER (THEIR) VIEWS IN ACCORDANCE WITH ARTICLE 21 OF THE REGULATION
16.1. Child as indicated in point 5.1
16.2. Child as indicated in point 5.2
16.3. Child as indicated in point 5.3
17. NAME(S) OF PARTY(IES) (13) WHO BENEFITED FROM LEGAL AID IN ACCORDANCE WITH ARTICLE 74(1) OF THE REGULATION
17.1. Party(ies)
18. COSTS AND EXPENSES OF THE PROCEEDINGS (14)
Euro (EUR) |
Bulgarian lev (BGN) |
Croatian kuna (HRK) |
Czech koruna (CZK) |
Hungarian forint (HUF) |
Polish zloty (PLN) |
Pound sterling (GBP) |
Romanian leu (RON) |
Swedish krona (SEK) |
Other (please specify (ISO code)): |
ANNEX V
CERTIFICATE CONCERNING CERTAIN DECISIONS GRANTING RIGHTS OF ACCESS
(Point (a) of Article 42(1) and point (a) of Article 47(1) of Council Regulation (EU) 2019/1111 (1))
IMPORTANT
1. MEMBER STATE OF ORIGIN
*
(2)
Belgium (BE) |
Bulgaria (BG) |
Czechia (CZ) |
Germany (DE) |
Estonia (EE) |
Ireland (IE) |
Greece (EL) |
Spain (ES) |
France (FR) |
Croatia (HR) |
Italy (IT) |
Cyprus (CY) |
Latvia (LV) |
Lithuania (LT) |
Luxembourg (LU) |
Hungary (HU) |
Malta (MT) |
Netherlands (NL) |
Austria (AT) |
Poland (PL) |
Portugal (PT) |
Romania (RO) |
Slovenia (SI) |
Slovakia (SK) |
Finland (FI) |
Sweden (SE) |
United Kingdom (UK) |
|
2. COURT WHICH GAVE THE DECISION AND IS ISSUING THE CERTIFICATE
*
3. DECISION
*
4. CHILD(REN) (3) COVERED BY THE DECISION
*
4.1. Child 1
*
4.2. Child 2
4.3. Child 3
5. PARTY(IES) (4) WHO WAS (WERE) GRANTED RIGHTS OF ACCESS
*
5.1. Party 1
*
5.2. Party 2
6. RIGHTS OF ACCESS GRANTED ACCORDING TO THE DECISION AND PRACTICAL ARRANGEMENTS FOR THEIR EXERCISE (TO THE EXTENT STATED IN THE DECISION) (5)
7. PARTY(IES) (6) AGAINST WHOM ENFORCEMENT IS SOUGHT
*
7.1. Party 1
*
7.2. Party 2
8. THE DECISION IS SUBJECT TO FURTHER APPEAL UNDER THE LAW OF THE MEMBER STATE OF ORIGIN
*
9. THE DECISION IS ENFORCEABLE IN THE MEMBER STATE OF ORIGIN
*
10. AS OF THE DATE OF ISSUANCE OF THE CERTIFICATE, THE DECISION HAS BEEN SERVED UPON THE PARTY(IES) (8) AGAINST WHOM ENFORCEMENT IS SOUGHT
*
10.1. Upon the party as indicated in point 7.1
*
BG |
ES |
CS |
DE |
ET |
EL |
EN |
FR |
GA |
HR |
IT |
LV |
LT |
HU |
MT |
NL |
PL |
PT |
RO |
SK |
SL |
FI |
SV |
|
|
10.2. Upon the party as indicated in point 7.2
BG |
ES |
CS |
DE |
ET |
EL |
EN |
FR |
GA |
HR |
IT |
LV |
LT |
HU |
MT |
NL |
PL |
PT |
RO |
SK |
SL |
FI |
SV |
|
|
11. ALL PARTIES CONCERNED WERE GIVEN AN OPPORTUNITY TO BE HEARD
*
12. THE CHILD(REN) (9) AS INDICATED IN POINT 4 WAS (WERE) CAPABLE OF FORMING HIS OR HER (THEIR) OWN VIEWS
*
12.1. Child as indicated in point 4.1
12.2. Child as indicated in point 4.2
12.3. Child as indicated in point 4.3
13. THE CHILD(REN) CAPABLE OF FORMING HIS OR HER (THEIR) OWN VIEWS AS INDICATED IN POINT 12 WAS (WERE) GIVEN A GENUINE AND EFFECTIVE OPPORTUNITY TO EXPRESS HIS OR HER (THEIR) VIEWS IN ACCORDANCE WITH ARTICLE 21 OF THE REGULATION
13.1. Child as indicated in point 4.1
13.2. Child as indicated in point 4.2
13.3. Child as indicated in point 4.3
14. THE DECISION WAS GIVEN IN DEFAULT OF APPEARANCE
*
14.1. No
14.2. Yes
15. NAME(S) OF PARTY(IES) (11) WHO BENEFITED FROM LEGAL AID IN ACCORDANCE WITH ARTICLE 74(1) OF THE REGULATION
15.1. Party(ies)
16. COSTS AND EXPENSES OF THE PROCEEDINGS (12)
Euro (EUR) |
Bulgarian lev (BGN) |
Croatian kuna (HRK) |
Czech koruna (CZK) |
Hungarian forint (HUF) |
Polish zloty (PLN) |
Pound sterling (GBP) |
Romanian leu (RON) |
Swedish krona (SEK) |
Other (please specify (ISO code)): |
ANNEX VI
CERTIFICATE CONCERNING CERTAIN DECISIONS ON THE SUBSTANCE OF RIGHTS OF CUSTODY GIVEN PURSUANT TO ARTICLE 29(6) OF THE REGULATION AND ENTAILING THE RETURN OF THE CHILD
(Article 29(6), point (b) of Article 42(1) and point (b) of Article 47(1) of Council Regulation (EU) 2019/1111 (1))
IMPORTANT
1. MEMBER STATE OF ORIGIN
*
(2)
Belgium (BE) |
Bulgaria (BG) |
Czechia (CZ) |
Germany (DE) |
Estonia (EE) |
Ireland (IE) |
Greece (EL) |
Spain (ES) |
France (FR) |
Croatia (HR) |
Italy (IT) |
Cyprus (CY) |
Latvia (LV) |
Lithuania (LT) |
Luxembourg (LU) |
Hungary (HU) |
Malta (MT) |
Netherlands (NL) |
Austria (AT) |
Poland (PL) |
Portugal (PT) |
Romania (RO) |
Slovenia (SI) |
Slovakia (SK) |
Finland (FI) |
Sweden (SE) |
United Kingdom (UK) |
2. COURT WHICH GAVE THE DECISION AND IS ISSUING THE CERTIFICATE
*
3. DECISION
*
4. CHILD(REN) (3) TO BE RETURNED ACCORDING TO THE DECISION
*
4.1. Child 1
*
4.2. Child 2
4.3. Child 3
5. IF AND TO THE EXTENT STATED IN THE DECISION, THE CHILD(REN) IS (ARE) TO BE RETURNED TO (4)
5.1. Party 1
5.2. Party 2
6. PRACTICAL ARRANGEMENTS FOR THE RETURN (IF AND TO THE EXTENT STATED IN THE DECISION) (5)
7. PARTY (6) AGAINST WHOM ENFORCEMENT IS SOUGHT
*
7.1. Surname(s)
*
7.2. Given name(s)
*
7.3. Date of birth (dd/mm/yyyy)
7.4. Place of birth (if available)
7.5. Identity number or social security number (if applicable and if available)
7.6. Address (if available)
8. THE DECISION IS SUBJECT TO FURTHER APPEAL UNDER THE LAW OF THE MEMBER STATE OF ORIGIN
*
9. THE PART OF THE DECISION ENTAILING THE RETURN OF THE CHILD(REN) IS ENFORCEABLE IN THE MEMBER STATE OF ORIGIN
*
10. AS OF THE DATE OF ISSUANCE OF THE CERTIFICATE, THE DECISION HAS BEEN SERVED UPON THE PARTY (8) AGAINST WHOM ENFORCEMENT IS SOUGHT AS INDICATED IN POINT 7
*
10.1. No
10.2. Not known to the court
10.3. Yes
BG |
ES |
CS |
DE |
ET |
EL |
EN |
FR |
GA |
HR |
IT |
LV |
LT |
HU |
MT |
NL |
PL |
PT |
RO |
SK |
SL |
FI |
SV |
|
|
11. ALL PARTIES CONCERNED WERE GIVEN AN OPPORTUNITY TO BE HEARD
*
12. THE CHILD(REN) (9) AS INDICATED IN POINT 4 WAS (WERE) CAPABLE OF FORMING HIS OR HER (THEIR) OWN VIEWS
*
12.1. Child as indicated in point 4.1
12.2. Child as indicated in point 4.2
12.3. Child as indicated in point 4.3
13. THE CHILD(REN) CAPABLE OF FORMING HIS OR HER (THEIR) OWN VIEWS AS INDICATED IN POINT 12 WAS (WERE) GIVEN A GENUINE AND EFFECTIVE OPPORTUNITY TO EXPRESS HIS OR HER (THEIR) VIEWS IN ACCORDANCE WITH ARTICLE 21 OF THE REGULATION
13.1. Child as indicated in point 4.1
13.2. Child as indicated in point 4.2
13.3. Child as indicated in point 4.3
14. THE DECISION WAS GIVEN IN DEFAULT OF APPEARANCE
*
14.1. No
14.2. Yes
15. THE COURT HAS TAKEN INTO ACCOUNT IN GIVING ITS DECISION 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 HAGUE CONVENTION OF 25 OCTOBER 1980 ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION
*
16. THE DECISION INCLUDES (A) PROVISIONAL, INCLUDING PROTECTIVE, MEASURE(S)
*
16.1. No
16.2. Yes
17. NAME(S) OF PARTY(IES) (12) WHO BENEFITED FROM LEGAL AID IN ACCORDANCE WITH ARTICLE 74(1) OF THE REGULATION
17.1. Party(ies)
18. COSTS AND EXPENSES OF THE PROCEEDINGS (13)
Euro (EUR) |
Bulgarian lev (BGN) |
Croatian kuna (HRK) |
Czech koruna (CZK) |
Hungarian forint (HUF) |
Polish zloty (PLN) |
Pound sterling (GBP) |
Romanian leu (RON) |
Swedish krona (SEK) |
Other (please specify (ISO code)): |
ANNEX VII
CERTIFICATE CONCERNING THE LACK OR LIMITATION OF ENFORCEABILITY OF CERTAIN DECISIONS GRANTING RIGHTS OF ACCESS OR ENTAILING THE RETURN OF THE CHILD WHICH HAVE BEEN CERTIFIED IN ACCORDANCE WITH ARTICLE 47 OF THE REGULATION
(Article 49 of Council Regulation (EC) 2019/1111 (1)
IMPORTANT
1. MEMBER STATE OF ORIGIN
*
(2)
Belgium (BE) |
Bulgaria (BG) |
Czechia (CZ) |
Germany (DE) |
Estonia (EE) |
Ireland (IE) |
Greece (EL) |
Spain (ES) |
France (FR) |
Croatia (HR) |
Italy (IT) |
Cyprus (CY) |
Latvia (LV) |
Lithuania (LT) |
Luxembourg (LU) |
Hungary (HU) |
Malta (MT) |
Netherlands (NL) |
Austria (AT) |
Poland (PL) |
Portugal (PT) |
Romania (RO) |
Slovenia (SI) |
Slovakia (SK) |
Finland (FI) |
Sweden (SE) |
United Kingdom (UK) |
2. COURT ISSUING THE CERTIFICATE
*
3. DECISION WHICH HAS CEASED TO BE ENFORCEABLE OR WHOSE ENFORCEABILITY HAS BEEN SUSPENDED OR LIMITED
*
3.1. Court which gave the decision (if different from point 2)
3.2. Details of the decision
*
3.3. Details of the initial certificate
4. THE ENFORCEABILITY OF THE DECISION REFERRED TO IN POINT 3
*
4.1. has ceased
4.2. has been suspended
4.3. has been limited
5. THE EFFECT(S) INDICATED IN POINT 4
*
5.1. arose by operation of law
5.2. were ordered by a decision
ANNEX VIII
CERTIFICATE CONCERNING AN AUTHENTIC INSTRUMENT OR AN AGREEMENT ON DIVORCE OR LEGAL SEPARATION
(Point (a) of Article 66(1) of Council Regulation (EU) 2019/1111 (1)).
IMPORTANT
1. MEMBER STATE OF ORIGIN
*
(2)
Belgium (BE) |
Bulgaria (BG) |
Czechia (CZ) |
Germany (DE) |
Estonia (EE) |
Ireland (IE) |
Greece (EL) |
Spain (ES) |
France (FR) |
Croatia (HR) |
Italy (IT) |
Cyprus (CY) |
Latvia (LV) |
Lithuania (LT) |
Luxembourg (LU) |
Hungary (HU) |
Malta (MT) |
Netherlands (NL) |
Austria (AT) |
Poland (PL) |
Portugal (PT) |
Romania (RO) |
Slovenia (SI) |
Slovakia (SK) |
Finland (FI) |
Sweden (SE) |
United Kingdom (UK) |
2. THE MEMBER STATE OF ORIGIN HAD JURISDICTION UNDER SECTION 1 OF CHAPTER II OF THE REGULATION
*
3. COURT OR COMPETENT AUTHORITY ISSUING THE CERTIFICATE
*
4. NATURE OF THE DOCUMENT
*
5. OBJECT OF THE AUTHENTIC INSTRUMENT OR AGREEMENT
*
6. MARRIAGE
*
6.1. Spouses
*
6.2. Date, country and place of marriage
*
7. AUTHENTIC INSTRUMENT
7.1. Public authority or other authority empowered for that purpose which has drawn up or registered the authentic instrument (if different from court or competent authority as indicated in point 3)
7.2. Date (dd/mm/yyyy) on which the authentic instrument was drawn up by the authority as indicated in point 3 or in point 7.1
7.3. Reference number of the authentic instrument (if applicable)
7.4. Date (dd/mm/yyyy) on which the authentic instrument was registered in the Member State of origin (if different from the date indicated in point 7.2)
7.5. Date (dd/mm/yyyy) as of which the authentic instrument has binding legal effect in the Member State of origin
8. AGREEMENT
8.1. Public authority which registered the agreement (if different from the court or competent authority as indicated in point 3)
8.2. Date (dd/mm/yyyy) of registration of the agreement
8.3. Reference number in the register (if applicable)
8.4. Date (dd/mm/yyyy) as of which the agreement has binding legal effect in the Member State of origin
ANNEX IX
CERTIFICATE CONCERNING AN AUTHENTIC INSTRUMENT OR AGREEMENT IN MATTERS OF PARENTAL RESPONSIBILITY
(Point (b) of Article 66(1) of Council Regulation (EU) 2019/1111 (1))
IMPORTANT
1. MEMBER STATE OF ORIGIN
*
(2)
Belgium (BE) |
Bulgaria (BG) |
Czechia (CZ) |
Germany (DE) |
Estonia (EE) |
Ireland (IE) |
Greece (EL) |
Spain (ES) |
France (FR) |
Croatia (HR) |
Italy (IT) |
Cyprus (CY) |
Latvia (LV) |
Lithuania (LT) |
Luxembourg (LU) |
Hungary (HU) |
Malta (MT) |
Netherlands (NL) |
Austria (AT) |
Poland (PL) |
Portugal (PT) |
Romania (RO) |
Slovenia (SI) |
Slovakia (SK) |
Finland (FI) |
Sweden (SE) |
United Kingdom (UK) |
2. THE MEMBER STATE OF ORIGIN HAD JURISDICTION UNDER SECTION 2 OF CHAPTER II OF THE REGULATION
*
3. COURT OR COMPETENT AUTHORITY ISSUING THE CERTIFICATE
*
4. NATURE OF THE DOCUMENT
*
5. PARTIES (3) TO THE AUTHENTIC INSTRUMENT OR AGREEMENT
*
5.1. Party 1
*
5.2. Party 2
6. CHILD(REN) (4) COVERED BY THE AUTHENTIC INSTRUMENT OR AGREEMENT
*
6.1. Child 1
*
6.2. Child 2
6.3. Child 3
7. RIGHTS OF CUSTODY (5)
7.1. Rights of custody attributed or agreed in the authentic instrument or agreement (6)
7.2. Attributed to the following party(ies) (7)
7.3. The authentic instrument or agreement entails the handover of the child(ren)
8. RIGHTS OF ACCESS
8.1. Rights of access attributed or agreed in the authentic instrument or agreement (8)
8.2. Attributed to the following party(ies) (9)
8.3. The authentic instrument or agreement entails the handover of the child(ren)
9. OTHER RIGHTS IN MATTERS OF PARENTAL RESPONSIBILITY
9.1. Right(s) attributed or agreed in the authentic instrument or agreement (10)
9.2. Attributed to the following party(ies) (11)
9.3. The authentic instrument or agreement entails the handover of the child(ren)
10. THE CHILD(REN) (12) AS INDICATED IN POINT 6 WAS (WERE) CAPABLE OF FORMING HIS OR HER (THEIR) OWN VIEWS
*
10.1. Child as indicated in point 6.1
10.2. Child as indicated in point 6.2
10.3. Child as indicated in point 6.3
11. THE CHILD(REN) (13) CAPABLE OF FORMING HIS OR HER (THEIR) OWN VIEWS AS INDICATED IN POINT 10 WAS (WERE) GIVEN A GENUINE AND EFFECTIVE OPPORTUNITY TO EXPRESS HIS OR HER (THEIR) VIEWS
11.1. Child as indicated in point 6.1.
11.2. Child as indicated in point 6.2.
11.3. Child as indicated in point 6.3.
12. AUTHENTIC INSTRUMENT
12.1. Public authority or other authority empowered for that purpose which has drawn up or registered the authentic instrument (if different from court or competent authority as indicated in point 3)
12.2. Date (dd/mm/yyyy) on which the authentic instrument was drawn up by the authority as indicated in point 3 or in point 12.1
12.3. Reference number of the authentic instrument (if applicable)
12.4. Date (dd/mm/yyyy) on which the authentic instrument was registered in the Member State of origin (if different from the date indicated in point 12.2)
12.5. Date (dd/mm/yyyy) as of which the authentic instrument has binding legal effect in the Member State of origin
13. AGREEMENT
13.1. Public authority which registered the agreement (if different from the court or competent authority as indicated in point 3)
13.2. Date (dd/mm/yyyy) of registration of the agreement
13.3. Reference number in the register (if applicable)
13.4. Date (dd/mm/yyyy) as of which the agreement has binding legal effect in the Member State of origin
14. THE AUTHENTIC INSTRUMENT OR AGREEMENT IS ENFORCEABLE IN THE MEMBER STATE OF ORIGIN
*
14.1. Concerning rights of custody as indicated in point 7
14.2. Concerning rights of access as indicated in point 8
14.3. Concerning other rights as indicated in point 9
ANNEX X
Regulation (EC) No 2201/2003 |
This Regulation |
Article 1 |
Article 1 |
— |
Article 1(3) |
Article 2 |
Article 2 |
Article 3 |
Article 3 |
Article 4 |
Article 4 |
Article 5 |
Article 5 |
Article 6 |
Article 6(2) |
Article 7 |
Article 6(1) and (3) |
Article 8(1) |
Article 7(1) |
Article 8(2) |
Article 7(2) |
Article 9(1) |
Article 8(1) |
Article 9(2) |
Article 8(2) |
Article 10 |
Article 9 |
— |
Article 10 |
Article 11(1) |
Article 22 |
— |
Article 23 |
Article 11(2) |
Article 26 |
Article 11(3) |
Article 24(1) |
— |
Article 24(2) |
— |
Article 24(3) |
— |
Article 25 |
Article 11(4) |
Article 27(3) |
Article 11(5) |
Article 27(1) |
— |
Article 27(2) |
— |
Article 27(4) |
— |
Article 27(5) |
— |
Article 27(6) |
— |
Article 28 |
— |
Article 29(1) and (2) |
Article 11(6) |
Article 29(3) |
— |
Article 29(4) |
Article 11(7) |
Article 29(5) |
Article 11(8) |
Article 29(6) |
Article 12 |
— |
Article 13 |
Article 11 |
Article 14 |
Article 14 |
Article 15(1), (2)(a) and (b) and (4) |
Article 12(1) |
Article 15(3) |
Article 12(4) |
— |
Article 12(2) and (3) |
— |
Article 12(5) |
Article 15(2)(c) |
Article 13(1) |
— |
Article 13(2) |
Article 16 |
Article 17 (a) and (b) |
— |
Article 17 (c) |
— |
Article 16 |
Article 17 |
Article 18 |
Article 18 |
Article 19 |
Article 19 |
Article 20 |
— |
Article 20(4) and (5) |
— |
Article 21 |
Article 20(1) |
Article 15(1) |
Article 20(2) |
Article 15(3) |
— |
Article 15(2) |
Article 21(1) and (2) |
Article 30(1) and (2) |
Article 21(3) |
Article 30(3) and (4) |
Article 21(4) |
Article 30(5) |
Article 22 |
Article 38 |
Article 23 (a), (c), (d), (e) and (f) |
Article 39 (a), (b), (c), (d) and (e) |
Article 23 (b) |
Article 39(2) |
Article 24 |
Article 69 |
Article 25 |
Article 70 |
Article 26 |
Article 71 |
— |
Article 72 |
Article 27(1) |
Articles 33 (a) and 44 (a) |
— |
Article 33 (b) |
— |
Article 44 (b) |
Article 27(2) |
— |
Article 28 |
— |
Article 29 |
— |
— |
Article 34 |
— |
Article 35 |
— |
Article 40 |
— |
Article 41 |
Article 30 |
— |
Article 31 |
— |
Article 32 |
— |
Article 33 |
— |
Article 34 |
— |
Article 35 |
— |
Article 36 |
Article 53 |
— |
Article 53(3) |
Article 37(1) |
Article 31(1) |
— |
Article 31(2) and (3) |
Article 37(2) |
— |
Article 38 |
Article 32 |
Article 39 |
Article 36 |
Article 40 |
Articles 42 and 47(1) |
— |
Article 45 |
— |
Article 46 |
— |
Article 47(2) |
Article 41(1) |
Article 43(1) |
Article 41(2) |
Article 47(3) |
— |
Article 47(4), (5) and (6) |
Article 42(1) |
Article 43(1) |
Article 42(2) |
Article 47(3) |
Article 43 |
Articles 37 and 48 |
— |
Article 49 |
— |
Article 50 |
Article 44 |
— |
Article 45(1) |
Article 31(1) |
Article 45(2) |
Article 31(2) |
— |
Article 31(3) |
Article 46 |
Article 65 |
Article 47(1) |
Article 51(1) |
— |
Article 51(2) |
— |
Article 52 |
Article 48 |
Article 54 |
— |
Article 55 |
— |
Article 56 |
— |
Article 57 |
— |
Article 58 |
— |
Article 59 |
— |
Article 60 |
— |
Article 61 |
— |
Article 62 |
— |
Article 63 |
— |
Article 64 |
— |
Article 66 |
— |
Article 67 |
— |
Article 68 |
Article 49 |
Article 73 |
Article 50 |
Article 74(1) |
— |
Article 74(2) |
Article 51 |
Article 75 |
Article 52 |
Article 90 |
Article 53 |
Article 76 |
Article 54 |
Article 77(1) |
— |
Article 77(2) and (3) |
— |
Article 78 |
— |
Article 79 (a) |
Article 55(1) (a) |
Article 79 (b) |
Article 55(1) (b) |
Article 79 (c) |
— |
Article 79 (d) |
Article 55(1) (c) |
Article 79 (e) |
Article 55(1) (d) |
Article 79 (f) |
Article 55(1) (e) |
Article 79 (g) |
— |
Article 80 |
— |
Article 81 |
Article 56(1) |
Article 82(1) |
— |
Article 82(2), (3) and (4) |
Article 56(2) |
Article 82(5) |
— |
Article 82(6) |
Article 56(3) |
Article 82(7) |
— |
Article 82(8) |
Article 57(1) and (2) |
— |
Article 57(3) |
Article 83(1) |
Article 57(4) |
Article 83(2) |
Article 58 |
Article 84 |
— |
Article 85 |
— |
Article 86 |
— |
Article 87 |
— |
Article 88 |
— |
Article 89 |
— |
Article 91 |
Article 59 |
Article 94 |
Article 60 (a), (b), (c) and (d) |
Article 95 |
Article 60 (e) |
Article 96 |
Article 61 |
Article 97(1) |
— |
Article 97(2) |
Article 62 |
Article 98 |
Article 63 |
Article 99 |
Article 64(1) |
Article 100(1) |
Article 64(2), (3) and (4) |
— |
— |
Article 100(2) |
Article 65 (1) |
Article 101(1) |
— |
Article 101(2) |
Article 66 |
Article 102 |
Article 67 |
Article 103 |
Article 68 |
Article 103 |
Article 69 |
Article 92 |
Article 70 |
— |
— |
Article 93 |
Article 71 |
Article 104 |
Article 72 |
Article 105 |
Annex I |
Annex II |
— |
Annex I |
Annex II |
Annex III |
— |
Annex IV |
Annex III |
Annex V |
Annex IV |
Annex VI |
— |
Annex VII |
— |
Annex VIII |
— |
Annex IX |