Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

According to Article 4 of the Agreement of 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(1) (hereinafter ‘the Agreement’), concluded by Council Decision 2006/325/EC(2), whenever implementing measures are adopted pursuant to Article 74(2) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(3), Denmark’s decision on whether or not to implement the content of such measures shall be notified to the Commission.

Commission Implementing Regulation (EU) No 1142/2011 establishing Annexes X and XI to Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations(4) was adopted on 10 November 2011. In accordance with Article 3(2) of the Agreement, Denmark has already, by letter of 14 January 2009, notified the Commission of its decision to implement the content of Council Regulation (EC) No 4/2009(5) to the extent that it amends Regulation (EC) No 44/2001(6).

In accordance with Article 4 of the Agreement, Denmark has, by letter of 11 January 2012, notified the Commission of its decision to implement the content of Implementing Regulation (EU) No 1142/2011. This means that the provisions of Implementing Regulation (EU) No 1142/2011 will be applied to relations between the European Union and Denmark.

In accordance with Article 4(4) of the Agreement, the Danish notification creates mutual obligations between Denmark and the European Union. Thus, Implementing Regulation (EU) No 1142/2011 constitutes an amendment to the Agreement to the extent that it amends Regulation (EC) No 44/2001, as amended by Regulation (EC) No 4/2009, and is considered annexed thereto.

With reference to Article 4(3) of the Agreement, implementation of Implementing Regulation (EU) No 1142/2011 in Denmark can take place administratively under Section 9 of the Danish Law No 1563 of 20 December 2006 on the Brussels I Regulation. The necessary administrative measures entered into force on 11 January 2012.

(1)  

OJ L 299, 16.11.2005, p. 62

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(2)  

OJ L 120, 5.5.2006, p. 22

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(3)  

OJ L 12, 16.1.2001, p. 1

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(4)  

OJ L 293, 11.11.2011, p. 24

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(5)  

OJ L 7, 10.1.2009, p. 1

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(6)  

OJ L 149, 12.6.2009, p. 80

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