What changed, Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition…

+ ## CHAPTER I / SCOPE
− ## CHAPTER I — SCOPE
+ 1. This Regulation shall apply in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters.
+ 
+ 2. The Regulation shall not apply to:
+ 
+ (a) the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession;
+ 
+ (b) bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings;
− **1.** This Regulation shall apply in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters.
+ (c) social security;
+ 
+ (d) arbitration.
− **2.** The Regulation shall not apply to:(a) the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession;(b) bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements…
+ 3. In this Regulation, the term ‘Member State’ shall mean Member States with the exception of Denmark.
− **3.** In this Regulation, the term ‘Member State’ shall mean Member States with the exception of Denmark.
+ ## Section 1 / General provisions
− ## CHAPTER II — JURISDICTION / Section 1 — General provisions
+ 1. Subject to this Regulation, persons domiciled in a Member State shall, whatever their nationality, be sued in the courts of that Member State.
− **1.** Subject to this Regulation, persons domiciled in a Member State shall, whatever their nationality, be sued in the courts of that Member State.
+ 2. Persons who are not nationals of the Member State in which they are domiciled shall be governed by the rules of jurisdiction applicable to nationals of that State.
− **2.** Persons who are not nationals of the Member State in which they are domiciled shall be governed by the rules of jurisdiction applicable to nationals of that State.
+ 1. Persons domiciled in a Member State may be sued in the courts of another Member State only by virtue of the rules set out in Sections 2 to 7 of this Chapter.
− **1.** Persons domiciled in a Member State may be sued in the courts of another Member State only by virtue of the rules set out in Sections 2 to 7 of this Chapter.
+ 2. In particular the rules of national jurisdiction set out in Annex I shall not be applicable as against them.
− **2.** In particular the rules of national jurisdiction set out in Annex I shall not be applicable as against them.
+ 1. If the defendant is not domiciled in a Member State, the jurisdiction of the courts of each Member State shall, subject to Articles 22 and 23, be determined by the law of that Member State.
− **1.** If the defendant is not domiciled in a Member State, the jurisdiction of the courts of each Member State shall, subject to Articles 22 and 23, be determined by the law of that Member State.
+ 2. As against such a defendant, any person domiciled in a Member State may, whatever his nationality, avail himself in that State of the rules of jurisdiction there in force, and in particular those specified in Annex I, in the same way as the nationals of that State.
− **2.** As against such a defendant, any person domiciled in a Member State may, whatever his nationality, avail himself in that State of the rules of jurisdiction there in force, and in particular those specified in Annex I, in the same way as the nationals of that State.
+ ## Section 2 / Special jurisdiction
− ## CHAPTER II — JURISDICTION / Section 2 — Special jurisdiction
+ 
+ 1.
+ 
+ (a) in matters relating to a contract, in the courts for the place of performance of the obligation in question;
+ (b) for the purpose of this provision and unless otherwise agreed, the place of performance of the obligation in question shall be:
+ 
+ — in the case of the sale of goods, the place in a Member State where, under the contract, the goods were delivered or should have been delivered,
+ 
+ — in the case of the provision of services, the place in a Member State where, under the contract, the services were provided or should have been provided,
+ 
+ (c) if subparagraph (b) does not apply then subparagraph (a) applies;
− 1. (a) in matters relating to a contract, in the courts for the place of performance of the obligation in question; (b) for the purpose of this provision and unless otherwise agreed, the place of performance of the obligation in question shall be: — in the case of the sale of goods, the place in a M…
+ 
+ 7. as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question:
+ (a) has been arrested to secure such payment, or
+ 
+ (b) could have been so arrested, but bail or other security has been given;
+ 
+ provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage.
− 7. as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question: (a) has been arrested to secure such payment, or (b) could have been so arrested, but bail or other secu…
+ ## Section 3 / Jurisdiction in matters relating to insurance
− ## CHAPTER II — JURISDICTION / Section 3 — Jurisdiction in matters relating to insurance
+ 
+ 1. An insurer domiciled in a Member State may be sued:
+ 
+ (a) in the courts of the Member State where he is domiciled, or
+ (b) in another Member State, in the case of actions brought by the policyholder, the insured or a beneficiary, in the courts for the place where the plaintiff is domiciled,
− **1.** An insurer domiciled in a Member State may be sued:(a) in the courts of the Member State where he is domiciled, or(b) in another Member State, in the case of actions brought by the policyholder, the insured or a beneficiary, in the courts for the place where the plaintiff is domiciled,(c) if …
+ (c) if he is a co-insurer, in the courts of a Member State in which proceedings are brought against the leading insurer.
+ 
+ 2. An insurer who is not domiciled in a Member State but has a branch, agency or other establishment in one of the Member States shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that Member State.
− **2.** An insurer who is not domiciled in a Member State but has a branch, agency or other establishment in one of the Member States shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that Member State.
+ 1. In respect of liability insurance, the insurer may also, if the law of the court permits it, be joined in proceedings which the injured party has brought against the insured.
− **1.** In respect of liability insurance, the insurer may also, if the law of the court permits it, be joined in proceedings which the injured party has brought against the insured.
+ 2. Articles 8, 9 and 10 shall apply to actions brought by the injured party directly against the insurer, where such direct actions are permitted.
− **2.** Articles 8, 9 and 10 shall apply to actions brought by the injured party directly against the insurer, where such direct actions are permitted.
+ 3. If the law governing such direct actions provides that the policyholder or the insured may be joined as a party to the action, the same court shall have jurisdiction over them.
− **3.** If the law governing such direct actions provides that the policyholder or the insured may be joined as a party to the action, the same court shall have jurisdiction over them.
+ 1. Without prejudice to Article 11(3), an insurer may bring proceedings only in the courts of the Member State in which the defendant is domiciled, irrespective of whether he is the policyholder, the insured or a beneficiary.
− **1.** Without prejudice to Article 11(3), an insurer may bring proceedings only in the courts of the Member State in which the defendant is domiciled, irrespective of whether he is the policyholder, the insured or a beneficiary.
+ 2. The provisions of this Section shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending.
− **2.** The provisions of this Section shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending.
+ 
+ 1. any loss of or damage to:
+ 
+ (a) seagoing ships, installations situated offshore or on the high seas, or aircraft, arising from perils which relate to their use for commercial purposes;
+ 
+ (b) goods in transit other than passengers' baggage where the transit consists of or includes carriage by such ships or aircraft;
+ 
+ 2. any liability, other than for bodily injury to passengers or loss of or damage to their baggage:
+ (a) arising out of the use or operation of ships, installations or aircraft as referred to in point 1(a) in so far as, in respect of the latter, the law of the Member State in which such aircraft are registered does not prohibit agreements on jurisdiction regarding insurance of such risks;
− 1. any loss of or damage to: (a) seagoing ships, installations situated offshore or on the high seas, or aircraft, arising from perils which relate to their use for commercial purposes; (b) goods in transit other than passengers' baggage where the transit consists of or includes carriage by such shi…
+ (b) for loss or damage caused by goods in transit as described in point 1(b);
− 2. any liability, other than for bodily injury to passengers or loss of or damage to their baggage: (a) arising out of the use or operation of ships, installations or aircraft as referred to in point 1(a) in so far as, in respect of the latter, the law of the Member State in which such aircraft are …
+ ## Section 4 / Jurisdiction over consumer contracts
− ## CHAPTER II — JURISDICTION / Section 4 — Jurisdiction over consumer contracts
+ 
+ 1. In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, jurisdiction shall be determined by this Section, without prejudice to Article 4 and point 5 of Article 5, if:
+ 
+ (a) it is a contract for the sale of goods on instalment credit terms; or
+ (b) it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or
+ 
+ (c) in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in the Member State of the consumer's domicile or, by any means, directs such activities to that Member State or to several States including that Member State, and the contract fal…
− **1.** In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, jurisdiction shall be determined by this Section, without prejudice to Article 4 and point 5 of Article 5, if:(a) it is a contract for the sale …
+ 2. Where a consumer enters into a contract with a party who is not domiciled in the Member State but has a branch, agency or other establishment in one of the Member States, that party shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled …
− **2.** Where a consumer enters into a contract with a party who is not domiciled in the Member State but has a branch, agency or other establishment in one of the Member States, that party shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domici…
+ 3. This Section shall not apply to a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation.
− **3.** This Section shall not apply to a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation.
+ 1. A consumer may bring proceedings against the other party to a contract either in the courts of the Member State in which that party is domiciled or in the courts for the place where the consumer is domiciled.
− **1.** A consumer may bring proceedings against the other party to a contract either in the courts of the Member State in which that party is domiciled or in the courts for the place where the consumer is domiciled.
+ 2. Proceedings may be brought against a consumer by the other party to the contract only in the courts of the Member State in which the consumer is domiciled.
− **2.** Proceedings may be brought against a consumer by the other party to the contract only in the courts of the Member State in which the consumer is domiciled.
+ 3. This Article shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending.
− **3.** This Article shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending.
+ ## Section 5 / Jurisdiction over individual contracts of employment
− ## CHAPTER II — JURISDICTION / Section 5 — Jurisdiction over individual contracts of employment
+ 1. In matters relating to individual contracts of employment, jurisdiction shall be determined by this Section, without prejudice to Article 4 and point 5 of Article 5.
− **1.** In matters relating to individual contracts of employment, jurisdiction shall be determined by this Section, without prejudice to Article 4 and point 5 of Article 5.
+ 2. Where an employee enters into an individual contract of employment with an employer who is not domiciled in a Member State but has a branch, agency or other establishment in one of the Member States, the employer shall, in disputes arising out of the operations of the branch, agency or establishm…
− **2.** Where an employee enters into an individual contract of employment with an employer who is not domiciled in a Member State but has a branch, agency or other establishment in one of the Member States, the employer shall, in disputes arising out of the operations of the branch, agency or establ…
+ 2. in another Member State:
+ 
+ (a) in the courts for the place where the employee habitually carries out his work or in the courts for the last place where he did so, or
+ 
+ (b) if the employee does not or did not habitually carry out his work in any one country, in the courts for the place where the business which engaged the employee is or was situated.
− 2. in another Member State: (a) in the courts for the place where the employee habitually carries out his work or in the courts for the last place where he did so, or (b) if the employee does not or did not habitually carry out his work in any one country, in the courts for the place where the busin…
+ 1. An employer may bring proceedings only in the courts of the Member State in which the employee is domiciled.
− **1.** An employer may bring proceedings only in the courts of the Member State in which the employee is domiciled.
+ 2. The provisions of this Section shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending.
− **2.** The provisions of this Section shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending.
+ ## Section 6 / Exclusive jurisdiction
− ## CHAPTER II — JURISDICTION / Section 6 — Exclusive jurisdiction
+ 1. in proceedings which have as their object rights *in rem* in immovable property or tenancies of immovable property, the courts of the Member State in which the property is situated.
+ 
+ However, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the Member State in which the defendant is domiciled shall also have jurisdiction, provided that the tenant is a natura…
− 1. in proceedings which have as their object rights *in rem* in immovable property or tenancies of immovable property, the courts of the Member State in which the property is situated. However, in proceedings which have as their object tenancies of immovable property concluded for temporary private …
+ 
+ 4. in proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, the courts of the Member State in which the deposit or registration has been applied for, has taken place or is under the terms of a Communi…
+ Without prejudice to the jurisdiction of the European Patent Office under the Convention on the Grant of European Patents, signed at Munich on 5 October 1973, the courts of each Member State shall have exclusive jurisdiction, regardless of domicile, in proceedings concerned with the registration or …
− 4. in proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, the courts of the Member State in which the deposit or registration has been applied for, has taken place or is under the terms of a Communi…
+ ## Section 7 / Prorogation of jurisdiction
− ## CHAPTER II — JURISDICTION / Section 7 — Prorogation of jurisdiction
+ 
+ 1. If the parties, one or more of whom is domiciled in a Member State, have agreed that a court or the courts of a Member State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall ha…
+ 
+ (a) in writing or evidenced in writing; or
+ 
+ (b) in a form which accords with practices which the parties have established between themselves; or
+ (c) in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned…
− **1.** If the parties, one or more of whom is domiciled in a Member State, have agreed that a court or the courts of a Member State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shal…
+ 2. Any communication by electronic means which provides a durable record of the agreement shall be equivalent to ‘writing’.
− **2.** Any communication by electronic means which provides a durable record of the agreement shall be equivalent to ‘writing’.
+ 3. Where such an agreement is concluded by parties, none of whom is domiciled in a Member State, the courts of other Member States shall have no jurisdiction over their disputes unless the court or courts chosen have declined jurisdiction.
− **3.** Where such an agreement is concluded by parties, none of whom is domiciled in a Member State, the courts of other Member States shall have no jurisdiction over their disputes unless the court or courts chosen have declined jurisdiction.
+ 4. The court or courts of a Member State on which a trust instrument has conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved.
− **4.** The court or courts of a Member State on which a trust instrument has conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved.
+ 5. Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to Articles 13, 17 or 21, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article 22.
− **5.** Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to Articles 13, 17 or 21, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article 22.
+ ## Section 8 / Examination as to jurisdiction and admissibility
− ## CHAPTER II — JURISDICTION / Section 8 — Examination as to jurisdiction and admissibility
+ 1. Where a defendant domiciled in one Member State is sued in a court of another Member State and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of this Regulation.
− **1.** Where a defendant domiciled in one Member State is sued in a court of another Member State and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of this Regulation.
+ 2. The court shall stay the proceedings so long as it is not shown that the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence, or that all necessary steps have been taken to this end.
− **2.** The court shall stay the proceedings so long as it is not shown that the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence, or that all necessary steps have been taken to this end.
+ 3. Article 19 of Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (10) shall apply instead of the provisions of paragraph 2 if the document instituting the proceedings or an equivalent docum…
− **3.** Article 19 of Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (10) shall apply instead of the provisions of paragraph 2 if the document instituting the proceedings or an equivalent d…
+ 4. Where the provisions of Regulation (EC) No 1348/2000 are not applicable, Article 15 of the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters shall apply if the document instituting the proceedings or an equivalent doc…
− **4.** Where the provisions of Regulation (EC) No 1348/2000 are not applicable, Article 15 of the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters shall apply if the document instituting the proceedings or an equivalent…
+ ## Section 9 / *Lis pendens* — related actions
− ## CHAPTER II — JURISDICTION / Section 9 — Lis pendens — related actions
+ 1. Where proceedings involving the same cause of action and between the same parties are brought in the courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is establi…
− **1.** Where proceedings involving the same cause of action and between the same parties are brought in the courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is est…
+ 2. Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court.
− **2.** Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court.
+ 1. Where related actions are pending in the courts of different Member States, any court other than the court first seised may stay its proceedings.
− **1.** Where related actions are pending in the courts of different Member States, any court other than the court first seised may stay its proceedings.
+ 2. Where these actions are pending at first instance, any court other than the court first seised may also, on the application of one of the parties, decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof.
− **2.** Where these actions are pending at first instance, any court other than the court first seised may also, on the application of one of the parties, decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof.
+ 3. For the purposes of this Article, actions are deemed to be related where they are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings.
− **3.** For the purposes of this Article, actions are deemed to be related where they are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings.
+ ## Section 10 / Provisional, including protective, measures
− ## CHAPTER II — JURISDICTION / Section 10 — Provisional, including protective, measures
+ ## CHAPTER III / RECOGNITION AND ENFORCEMENT
− ## CHAPTER III — RECOGNITION AND ENFORCEMENT
+ ## Section 1 / Recognition
− ## CHAPTER III — RECOGNITION AND ENFORCEMENT / Section 1 — Recognition
+ 1. A judgment given in a Member State shall be recognised in the other Member States without any special procedure being required.
− **1.** A judgment given in a Member State shall be recognised in the other Member States without any special procedure being required.
+ 2. Any interested party who raises the recognition of a judgment as the principal issue in a dispute may, in accordance with the procedures provided for in Sections 2 and 3 of this Chapter, apply for a decision that the judgment be recognised.
− **2.** Any interested party who raises the recognition of a judgment as the principal issue in a dispute may, in accordance with the procedures provided for in Sections 2 and 3 of this Chapter, apply for a decision that the judgment be recognised.
+ 3. If the outcome of proceedings in a court of a Member State depends on the determination of an incidental question of recognition that court shall have jurisdiction over that question.
− **3.** If the outcome of proceedings in a court of a Member State depends on the determination of an incidental question of recognition that court shall have jurisdiction over that question.
+ 1. Moreover, a judgment shall not be recognised if it conflicts with Sections 3, 4 or 6 of Chapter II, or in a case provided for in Article 72.
− **1.** Moreover, a judgment shall not be recognised if it conflicts with Sections 3, 4 or 6 of Chapter II, or in a case provided for in Article 72.
+ 2. In its examination of the grounds of jurisdiction referred to in the foregoing paragraph, the court or authority applied to shall be bound by the findings of fact on which the court of the Member State of origin based its jurisdiction.
− **2.** In its examination of the grounds of jurisdiction referred to in the foregoing paragraph, the court or authority applied to shall be bound by the findings of fact on which the court of the Member State of origin based its jurisdiction.
+ 3. Subject to the paragraph 1, the jurisdiction of the court of the Member State of origin may not be reviewed. The test of public policy referred to in point 1 of Article 34 may not be applied to the rules relating to jurisdiction.
− **3.** Subject to the paragraph 1, the jurisdiction of the court of the Member State of origin may not be reviewed. The test of public policy referred to in point 1 of Article 34 may not be applied to the rules relating to jurisdiction.
+ 1. A court of a Member State in which recognition is sought of a judgment given in another Member State may stay the proceedings if an ordinary appeal against the judgment has been lodged.
− **1.** A court of a Member State in which recognition is sought of a judgment given in another Member State may stay the proceedings if an ordinary appeal against the judgment has been lodged.
+ 2. A court of a Member State in which recognition is sought of a judgment given in Ireland or the United Kingdom may stay the proceedings if enforcement is suspended in the State of origin, by reason of an appeal.
− **2.** A court of a Member State in which recognition is sought of a judgment given in Ireland or the United Kingdom may stay the proceedings if enforcement is suspended in the State of origin, by reason of an appeal.
+ ## Section 2 / Enforcement
− ## CHAPTER III — RECOGNITION AND ENFORCEMENT / Section 2 — Enforcement
+ 1. A judgment given in a Member State and enforceable in that State shall be enforced in another Member State when, on the application of any interested party, it has been declared enforceable there.
− **1.** A judgment given in a Member State and enforceable in that State shall be enforced in another Member State when, on the application of any interested party, it has been declared enforceable there.
+ 2. However, in the United Kingdom, such a judgment shall be enforced in England and Wales, in Scotland, or in Northern Ireland when, on the application of any interested party, it has been registered for enforcement in that part of the United Kingdom.
− **2.** However, in the United Kingdom, such a judgment shall be enforced in England and Wales, in Scotland, or in Northern Ireland when, on the application of any interested party, it has been registered for enforcement in that part of the United Kingdom.
+ 1. The application shall be submitted to the court or competent authority indicated in the list in Annex II.
− **1.** The application shall be submitted to the court or competent authority indicated in the list in Annex II.
+ 2. The local jurisdiction shall be determined by reference to the place of domicile of the party against whom enforcement is sought, or to the place of enforcement.
− **2.** The local jurisdiction shall be determined by reference to the place of domicile of the party against whom enforcement is sought, or to the place of enforcement.
+ 1. The procedure for making the application shall be governed by the law of the Member State in which enforcement is sought.
− **1.** The procedure for making the application shall be governed by the law of the Member State in which enforcement is sought.
+ 2. The applicant must give an address for service of process within the area of jurisdiction of the court applied to. However, if the law of the Member State in which enforcement is sought does not provide for the furnishing of such an address, the applicant shall appoint a representative *ad litem*…
− **2.** The applicant must give an address for service of process within the area of jurisdiction of the court applied to. However, if the law of the Member State in which enforcement is sought does not provide for the furnishing of such an address, the applicant shall appoint a representative *ad li…
+ 3. The documents referred to in Article 53 shall be attached to the application.
− **3.** The documents referred to in Article 53 shall be attached to the application.
+ 1. The decision on the application for a declaration of enforceability shall forthwith be brought to the notice of the applicant in accordance with the procedure laid down by the law of the Member State in which enforcement is sought.
− **1.** The decision on the application for a declaration of enforceability shall forthwith be brought to the notice of the applicant in accordance with the procedure laid down by the law of the Member State in which enforcement is sought.
+ 2. The declaration of enforceability shall be served on the party against whom enforcement is sought, accompanied by the judgment, if not already served on that party.
− **2.** The declaration of enforceability shall be served on the party against whom enforcement is sought, accompanied by the judgment, if not already served on that party.
+ 1. The decision on the application for a declaration of enforceability may be appealed against by either party.
− **1.** The decision on the application for a declaration of enforceability may be appealed against by either party.
+ 2. The appeal is to be lodged with the court indicated in the list in Annex III.
− **2.** The appeal is to be lodged with the court indicated in the list in Annex III.
+ 3. The appeal shall be dealt with in accordance with the rules governing procedure in contradictory matters.
− **3.** The appeal shall be dealt with in accordance with the rules governing procedure in contradictory matters.
+ 4. If the party against whom enforcement is sought fails to appear before the appellate court in proceedings concerning an appeal brought by the applicant, Article 26(2) to (4) shall apply even where the party against whom enforcement is sought is not domiciled in any of the Member States.
− **4.** If the party against whom enforcement is sought fails to appear before the appellate court in proceedings concerning an appeal brought by the applicant, Article 26(2) to (4) shall apply even where the party against whom enforcement is sought is not domiciled in any of the Member States.
+ 5. An appeal against the declaration of enforceability is to be lodged within one month of service thereof. If the party against whom enforcement is sought is domiciled in a Member State other than that in which the declaration of enforceability was given, the time for appealing shall be two months …
− **5.** An appeal against the declaration of enforceability is to be lodged within one month of service thereof. If the party against whom enforcement is sought is domiciled in a Member State other than that in which the declaration of enforceability was given, the time for appealing shall be two mon…
+ 1. The court with which an appeal is lodged under Article 43 or Article 44 shall refuse or revoke a declaration of enforceability only on one of the grounds specified in Articles 34 and 35. It shall give its decision without delay.
− **1.** The court with which an appeal is lodged under Article 43 or Article 44 shall refuse or revoke a declaration of enforceability only on one of the grounds specified in Articles 34 and 35. It shall give its decision without delay.
+ 2. Under no circumstances may the foreign judgment be reviewed as to its substance.
− **2.** Under no circumstances may the foreign judgment be reviewed as to its substance.
+ 1. The court with which an appeal is lodged under Article 43 or Article 44 may, on the application of the party against whom enforcement is sought, stay the proceedings if an ordinary appeal has been lodged against the judgment in the Member State of origin or if the time for such an appeal has not …
− **1.** The court with which an appeal is lodged under Article 43 or Article 44 may, on the application of the party against whom enforcement is sought, stay the proceedings if an ordinary appeal has been lodged against the judgment in the Member State of origin or if the time for such an appeal has …
+ 2. Where the judgment was given in Ireland or the United Kingdom, any form of appeal available in the Member State of origin shall be treated as an ordinary appeal for the purposes of paragraph 1.
− **2.** Where the judgment was given in Ireland or the United Kingdom, any form of appeal available in the Member State of origin shall be treated as an ordinary appeal for the purposes of paragraph 1.
+ 3. The court may also make enforcement conditional on the provision of such security as it shall determine.
− **3.** The court may also make enforcement conditional on the provision of such security as it shall determine.
+ 1. When a judgment must be recognised in accordance with this Regulation, nothing shall prevent the applicant from availing himself of provisional, including protective, measures in accordance with the law of the Member State requested without a declaration of enforceability under Article 41 being r…
− **1.** When a judgment must be recognised in accordance with this Regulation, nothing shall prevent the applicant from availing himself of provisional, including protective, measures in accordance with the law of the Member State requested without a declaration of enforceability under Article 41 bei…
+ 2. The declaration of enforceability shall carry with it the power to proceed to any protective measures.
− **2.** The declaration of enforceability shall carry with it the power to proceed to any protective measures.
+ 3. During the time specified for an appeal pursuant to Article 43(5) against the declaration of enforceability and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures against the property of the party against whom enforcement is sought.
− **3.** During the time specified for an appeal pursuant to Article 43(5) against the declaration of enforceability and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures against the property of the party against whom enforcement is sough…
+ 1. Where a foreign judgment has been given in respect of several matters and the declaration of enforceability cannot be given for all of them, the court or competent authority shall give it for one or more of them.
− **1.** Where a foreign judgment has been given in respect of several matters and the declaration of enforceability cannot be given for all of them, the court or competent authority shall give it for one or more of them.
+ 2. An applicant may request a declaration of enforceability limited to parts of a judgment.
− **2.** An applicant may request a declaration of enforceability limited to parts of a judgment.
+ ## Section 3 / Common provisions
− ## CHAPTER III — RECOGNITION AND ENFORCEMENT / Section 3 — Common provisions
+ 1. A party seeking recognition or applying for a declaration of enforceability shall produce a copy of the judgment which satisfies the conditions necessary to establish its authenticity.
− **1.** A party seeking recognition or applying for a declaration of enforceability shall produce a copy of the judgment which satisfies the conditions necessary to establish its authenticity.
+ 2. A party applying for a declaration of enforceability shall also produce the certificate referred to in Article 54, without prejudice to Article 55.
− **2.** A party applying for a declaration of enforceability shall also produce the certificate referred to in Article 54, without prejudice to Article 55.
+ 1. If the certificate referred to in Article 54 is not produced, the court or competent authority may specify a time for its production or accept an equivalent document or, if it considers that it has sufficient information before it, dispense with its production.
− **1.** If the certificate referred to in Article 54 is not produced, the court or competent authority may specify a time for its production or accept an equivalent document 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 of the documents shall be produced. The translation shall be certified by a person qualified to do so in one of the Member States.
− **2.** If the court or competent authority so requires, a translation of the documents shall be produced. The translation shall be certified by a person qualified to do so in one of the Member States.
+ ## CHAPTER IV / AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS
− ## CHAPTER IV — AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS
+ 1. A document which has been formally drawn up or registered as an authentic instrument and is enforceable in one Member State shall, in another Member State, be declared enforceable there, on application made in accordance with the procedures provided for in Articles 38, et seq. The court with whic…
− **1.** A document which has been formally drawn up or registered as an authentic instrument and is enforceable in one Member State shall, in another Member State, be declared enforceable there, on application made in accordance with the procedures provided for in Articles 38, et seq. The court with …
+ 2. Arrangements relating to maintenance obligations concluded with administrative authorities or authenticated by them shall also be regarded as authentic instruments within the meaning of paragraph 1.
− **2.** Arrangements relating to maintenance obligations concluded with administrative authorities or authenticated by them shall also be regarded as authentic instruments within the meaning of paragraph 1.
+ 3. The instrument produced must satisfy the conditions necessary to establish its authenticity in the Member State of origin.
− **3.** The instrument produced must satisfy the conditions necessary to establish its authenticity in the Member State of origin.
+ 4. Section 3 of Chapter III shall apply as appropriate. The competent authority of a Member State where an authentic instrument was drawn up or registered shall issue, at the request of any interested party, a certificate using the standard form in Annex VI to this Regulation.
− **4.** Section 3 of Chapter III shall apply as appropriate. The competent authority of a Member State where an authentic instrument was drawn up or registered shall issue, at the request of any interested party, a certificate using the standard form in Annex VI to this Regulation.
+ ## CHAPTER V / GENERAL PROVISIONS
− ## CHAPTER V — GENERAL PROVISIONS
+ 1. In order to determine whether a party is domiciled in the Member State whose courts are seised of a matter, the court shall apply its internal law.
− **1.** In order to determine whether a party is domiciled in the Member State whose courts are seised of a matter, the court shall apply its internal law.
+ 2. If a party is not domiciled in the Member State whose courts are seised of the matter, then, in order to determine whether the party is domiciled in another Member State, the court shall apply the law of that Member State.
− **2.** If a party is not domiciled in the Member State whose courts are seised of the matter, then, in order to determine whether the party is domiciled in another Member State, the court shall apply the law of that Member State.
+ 
+ 1. For the purposes of this Regulation, a company or other legal person or association of natural or legal persons is domiciled at the place where it has its:
+ (a) statutory seat, or
+ 
+ (b) central administration, or
− **1.** For the purposes of this Regulation, a company or other legal person or association of natural or legal persons is domiciled at the place where it has its:(a) statutory seat, or(b) central administration, or(c) principal place of business.
+ (c) principal place of business.
− **2.** For the purposes of the United Kingdom and Ireland ‘statutory seat’ means the registered office or, where there is no such office anywhere, the place of incorporation or, where there is no such place anywhere, the place under the law of which the formation took place.
+ 2. For the purposes of the United Kingdom and Ireland ‘statutory seat’ means the registered office or, where there is no such office anywhere, the place of incorporation or, where there is no such place anywhere, the place under the law of which the formation took place.
− **3.** In order to determine whether a trust is domiciled in the Member State whose courts are seised of the matter, the court shall apply its rules of private international law.
+ 3. In order to determine whether a trust is domiciled in the Member State whose courts are seised of the matter, the court shall apply its rules of private international law.
+ 
+ ) and assistance (
+ 
+ *handräckning*
+ 
+ ), the expression ‘court’ includes the ‘Swedish enforcement service’ (
+ 
+ *kronofogdemyndighet*
− handräckning
+ ).
− kronofogdemyndighet
+ 1. A person domiciled in the territory of the Grand Duchy of Luxembourg and sued in the court of another Member State pursuant to Article 5(1) may refuse to submit to the jurisdiction of that court if the final place of delivery of the goods or provision of the services is in Luxembourg.
− **1.** A person domiciled in the territory of the Grand Duchy of Luxembourg and sued in the court of another Member State pursuant to Article 5(1) may refuse to submit to the jurisdiction of that court if the final place of delivery of the goods or provision of the services is in Luxembourg.
+ 2. Where, under paragraph 1, the final place of delivery of the goods or provision of the services is in Luxembourg, any agreement conferring jurisdiction must, in order to be valid, be accepted in writing or evidenced in writing within the meaning of Article 23(1)(a).
− **2.** Where, under paragraph 1, the final place of delivery of the goods or provision of the services is in Luxembourg, any agreement conferring jurisdiction must, in order to be valid, be accepted in writing or evidenced in writing within the meaning of Article 23(1)(a).
+ 3. The provisions of this Article shall not apply to contracts for the provision of financial services.
− **3.** The provisions of this Article shall not apply to contracts for the provision of financial services.
+ 4. The provisions of this Article shall apply for a period of six years from entry into force of this Regulation.
− **4.** The provisions of this Article shall apply for a period of six years from entry into force of this Regulation.
+ 1. In proceedings involving a dispute between the master and a member of the crew of a seagoing ship registered in Greece or in Portugal, concerning remuneration or other conditions of service, a court in a Member State shall establish whether the diplomatic or consular officer responsible for the s…
− **1.** In proceedings involving a dispute between the master and a member of the crew of a seagoing ship registered in Greece or in Portugal, concerning remuneration or other conditions of service, a court in a Member State shall establish whether the diplomatic or consular officer responsible for t…
+ 2. The provisions of this Article shall apply for a period of six years from entry into force of this Regulation.
− **2.** The provisions of this Article shall apply for a period of six years from entry into force of this Regulation.
+ 
+ 1. The jurisdiction specified in Article 6(2) and Article 11 in actions on a warranty of guarantee or in any other third party proceedings may not be resorted to Germany, Austria and Hungary. Any person domiciled in another Member State may be sued in the courts:
+ (a) of Germany, pursuant to Articles 68 and 72 to 74 of the Code of Civil Procedure (Zivilprozessordnung) concerning third-party notices;
+ 
+ (b) of Austria, pursuant to Article 21 of the Code of Civil Procedure (Zivilprozessordnung) concerning third-party notices;
− **1.** The jurisdiction specified in Article 6(2) and Article 11 in actions on a warranty of guarantee or in any other third party proceedings may not be resorted to Germany, Austria and Hungary. Any person domiciled in another Member State may be sued in the courts:(a) of Germany, pursuant to Artic…
+ (c) of Hungary, pursuant to Articles 58 to 60 of the Code of Civil Procedure (Polgári perrendtartás) concerning third-party notices.
+ 
+ 2. Judgments given in other Member States by virtue of Article 6(2), or Article 11 shall be recognised and enforced in Germany, Austria and Hungary in accordance with Chapter III. Any effects which judgments given in these States may have on third parties by application of the provisions in paragrap…
− **(2)** Judgments given in other Member States by virtue of Article 6(2), or Article 11 shall be recognised and enforced in Germany, Austria and Hungary in accordance with Chapter III. Any effects which judgments given in these States may have on third parties by application of the provisions in par…
+ ## CHAPTER VI / TRANSITIONAL PROVISIONS
− ## CHAPTER VI — TRANSITIONAL PROVISIONS
+ 
+ 1. This Regulation shall apply only to legal proceedings instituted and to documents formally drawn up or registered as authentic instruments after the entry into force thereof.
+ 2. However, if the proceedings in the Member State of origin were instituted before the entry into force of this Regulation, judgments given after that date shall be recognised and enforced in accordance with Chapter III,
+ 
+ (a) if the proceedings in the Member State of origin were instituted after the entry into force of the Brussels or the Lugano Convention both in the Member State or origin and in the Member State addressed;
− **1.** This Regulation shall apply only to legal proceedings instituted and to documents formally drawn up or registered as authentic instruments after the entry into force thereof.
+ (b) in all other cases, if jurisdiction was founded upon rules which accorded with those provided for either in Chapter II or in a convention concluded between the Member State of origin and the Member State addressed which was in force when the proceedings were instituted.
− **2.** However, if the proceedings in the Member State of origin were instituted before the entry into force of this Regulation, judgments given after that date shall be recognised and enforced in accordance with Chapter III,(a) if the proceedings in the Member State of origin were instituted after …
+ ## CHAPTER VII / RELATIONS WITH OTHER INSTRUMENTS
− ## CHAPTER VII — RELATIONS WITH OTHER INSTRUMENTS
+ 1. This Regulation shall, as between the Member States, supersede the Brussels Convention, except as regards the territories of the Member States which fall within the territorial scope of that Convention and which are excluded from this Regulation pursuant to Article 299 of the Treaty.
− **1.** This Regulation shall, as between the Member States, supersede the Brussels Convention, except as regards the territories of the Member States which fall within the territorial scope of that Convention and which are excluded from this Regulation pursuant to Article 299 of the Treaty.
+ 2. In so far as this Regulation replaces the provisions of the Brussels Convention between Member States, any reference to the Convention shall be understood as a reference to this Regulation.
− **2.** In so far as this Regulation replaces the provisions of the Brussels Convention between Member States, any reference to the Convention shall be understood as a reference to this Regulation.
+ — the Convention between Finland and Austria on the Recognition and Enforcement of Judgments in Civil Matters, signed at Vienna on 17 November 1986,
− — the Convention between Finland and Austria on the Recognition and Enforcement of Judgments in Civil Matters, signed at Vienna on 17 November 1986, and
+ — the Convention between the Federative People’s Republic of Yugoslavia and the Republic of Austria on Mutual Judicial Cooperation, signed at Vienna on 16 December 1954,
− — the Convention between the Federative People's Republic of Yugoslavia and the Republic of Austria on Mutual Judicial Cooperation, signed at Vienna on 16 December 1954,
+ — the Convention between the Polish People’s Republic and the Hungarian People’s Republic on the Legal Assistance in Civil, Family and Criminal Matters, signed at Budapest on 6 March 1959,
− — the Convention between the Polish People's Republic and the Hungarian People's Republic on the Legal Assistance in Civil, Family and Criminal Matters, signed at Budapest on 6 March 1959,
+ — the Convention between the Federative People’s Republic of Yugoslavia and the Kingdom of Greece on the Mutual Recognition and Enforcement of Judgments, signed at Athens on 18 June 1959,
− — the Convention between the Federative People's Republic of Yugoslavia and the Kingdom of Greece on the Mutual Recognition and Enforcement of Judgments, signed at Athens on 18 June 1959,
+ — the Convention between the Polish People’s Republic and the Federative People’s Republic of Yugoslavia on the Legal Assistance in Civil and Criminal Matters, signed at Warsaw on 6 February 1960, now in force between Poland and Slovenia, and between Poland and Croatia,
− — the Convention between the Polish People's Republic and the Federative People's Republic of Yugoslavia on the Legal Assistance in Civil and Criminal Matters, signed at Warsaw on 6 February 1960, now in force between Poland and Slovenia,
+ — the Agreement between the Federative People’s Republic of Yugoslavia and the Republic of Austria on the Mutual Recognition and Enforcement of Arbitral Awards and Arbitral Settlements in Commercial Matters, signed at Belgrade on 18 March 1960,
− — the Agreement between the Federative People's Republic of Yugoslavia and the Republic of Austria on the Mutual Recognition and Enforcement of Arbitral Awards and Arbitral Settlements in Commercial Matters, signed at Belgrade on 18 March 1960,
+ — the Agreement between the Federative People’s Republic of Yugoslavia and the Republic of Austria on the Mutual Recognition and Enforcement of Decisions in Alimony Matters, signed at Vienna on 10 October 1961,
− — the Agreement between the Federative People's Republic of Yugoslavia and the Republic of Austria on the Mutual Recognition and Enforcement of Decisions in Alimony Matters, signed at Vienna on 10 October 1961,
+ — the Treaty between the Czechoslovak Socialist Republic and the Socialist Federative Republic of Yugoslavia on Settlement of Legal Relations in Civil, Family and Criminal Matters, signed at Belgrade on 20 January 1964, still in force between the Czech Republic, Slovakia and Slovenia and between the…
− — the Treaty between the Czechoslovak Socialist Republic and the Socialist Federative Republic of Yugoslavia on Settlement of Legal Relations in Civil, Family and Criminal Matters, signed at Belgrade on 20 January 1964, still in force between the Czech Republic, Slovakia and Slovenia,
+ — the Convention between the Republic of Cyprus and the Hungarian People’s Republic on Legal Assistance in Civil and Criminal Matters, signed at Nicosia on 30 November 1981,
− — the Convention between the Republic of Cyprus and the Hungarian People's Republic on Legal Assistance in Civil and Criminal Matters, signed at Nicosia on 30 November 1981,
+ — the Treaty between the Czechoslovak Socialist Republic and the Polish People’s Republic on Legal Aid and Settlement of Legal Relations in Civil, Family, Labour and Criminal Matters, signed at Warsaw on 21 December 1987, still in force between the Czech Republic, Slovakia and Poland,
− — the Treaty between the Czechoslovak Socialist Republic and the Polish People's Republic on Legal Aid and Settlement of Legal Relations in Civil, Family, Labour and Criminal Matters, signed at Warsaw on 21 December 1987, still in force between the Czech Republic, Slovakia and Poland,
+ — the Treaty between the Czechoslovak Socialist Republic and the Hungarian People’s Republic on Legal Aid and Settlement of Legal Relations in Civil, Family and Criminal Matters, signed at Bratislava on 28 March 1989, still in force between the Czech Republic, Slovakia and Hungary,
− — the Treaty between the Czechoslovak Socialist Republic and the Hungarian People's Republic on Legal Aid and Settlement of Legal Relations in Civil, Family and Criminal Matters, signed at Bratislava on 28 March 1989, still in force between the Czech Republic, Slovakia and Hungary,
+ — the Agreement between the Republic of Cyprus and the Republic of Poland on Legal Cooperation in Civil and Criminal Matters, signed at Nicosia on 14 November 1996,
− — the Agreement between the Republic of Cyprus and the Republic of Poland on Legal Cooperation in Civil and Criminal Matters, signed at Nicosia on 14 November 1996, and
+ — the Agreement between the People’s Republic of Bulgaria and the Federative People’s Republic of Yugoslavia on Mutual Legal Assistance, signed at Sofia on 23 March 1956, still in force between Bulgaria and Slovenia and between Bulgaria and Croatia,
− — the Agreement between the People's Republic of Bulgaria and the Federative People's Republic of Yugoslavia on Mutual Legal Assistance, signed at Sofia on 23 March 1956, still in force between Bulgaria and Slovenia,
+ — the Treaty between the People’s Republic of Romania and the People’s Republic of Hungary on Legal Assistance in Civil, Family and Criminal Matters, signed at Bucharest on 7 October 1958,
− — the Treaty between the People's Republic of Romania and the People's Republic of Hungary on Legal Assistance in Civil, Family and Criminal Matters, signed at Bucharest on 7 October 1958,
+ — the Treaty between the People’s Republic of Romania and the Czechoslovak Republic on Legal Assistance in Civil, Family and Criminal Matters, signed at Prague on 25 October 1958, still in force between Romania and Slovakia,
− — the Treaty between the People's Republic of Romania and the Czechoslovak Republic on Legal Assistance in Civil, Family and Criminal Matters, signed at Prague on 25 October 1958, still in force between Romania and Slovakia,
+ — the Agreement between the People’s Republic of Bulgaria and the Romanian People’s Republic on Legal Assistance in Civil, Family and Criminal Matters, signed at Sofia on 3 December 1958,
− — the Agreement between the People's Republic of Bulgaria and the Romanian People's Republic on Legal Assistance in Civil, Family and Criminal Matters, signed at Sofia on 3 December 1958,
+ — the Treaty between the People’s Republic of Romania and the Federal People’s Republic of Yugoslavia on Legal Assistance, signed at Belgrade on 18 October 1960 and its Protocol, still in force between Romania and Slovenia and between Romania and Croatia,
− — the Treaty between the People's Republic of Romania and the Federal People's Republic of Yugoslavia on Legal Assistance, signed at Belgrade on 18 October 1960 and its Protocol, still in force between Romania and Slovenia,
+ — the Agreement between the People’s Republic of Bulgaria and the Polish People’s Republic on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, signed at Warsaw on 4 December 1961,
− — the Agreement between the People's Republic of Bulgaria and the Polish People's Republic on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, signed at Warsaw on 4 December 1961,
+ — the Agreement between the People’s Republic of Bulgaria and the Hungarian People’s Republic on Legal Assistance in Civil, Family and Criminal Matters, signed at Sofia on 16 May 1966,
− — the Agreement between the People's Republic of Bulgaria and the Hungarian People's Republic on Legal Assistance in Civil, Family and Criminal Matters, signed at Sofia on 16 May 1966,
+ — the Agreement between the People’s Republic of Bulgaria and the Hellenic Republic on Legal Assistance in Civil and Criminal Matters, signed at Athens on 10 April 1976,
− — the Agreement between the People's Republic of Bulgaria and the Hellenic Republic on Legal Assistance in Civil and Criminal Matters, signed at Athens on 10 April 1976,
+ — the Agreement between the People’s Republic of Bulgaria and the Czechoslovak Socialist Republic on Legal Assistance and Settlement of Relations in Civil, Family and Criminal Matters, signed at Sofia on 25 November 1976,
− — the Agreement between the People's Republic of Bulgaria and the Czechoslovak Socialist Republic on Legal Assistance and Settlement of Relations in Civil, Family and Criminal Matters, signed at Sofia on 25 November 1976,
+ — the Agreement between the People’s Republic of Bulgaria and the Republic of Cyprus on Legal Assistance in Civil and Criminal Matters, signed at Nicosia on 29 April 1983,
− — the Agreement between the People's Republic of Bulgaria and the Republic of Cyprus on Legal Assistance in Civil and Criminal Matters, signed at Nicosia on 29 April 1983,
+ — the Agreement between the Government of the People’s Republic of Bulgaria and the Government of the French Republic on Mutual Legal Assistance in Civil Matters, signed at Sofia on 18 January 1989,
− — the Agreement between the Government of the People's Republic of Bulgaria and the Government of the French Republic on Mutual Legal Assistance in Civil Matters, signed at Sofia on 18 January 1989,
+ — the Agreement between the People’s Republic of Bulgaria and the Italian Republic on Legal Assistance and Enforcement of Decisions in Civil Matters, signed at Rome on 18 May 1990,
− — the Agreement between the People's Republic of Bulgaria and the Italian Republic on Legal Assistance and Enforcement of Decisions in Civil Matters, signed at Rome on 18 May 1990,
+ — the Treaty between Romania and the Republic of Poland on Legal Assistance and Legal Relations in Civil Cases, signed at Bucharest on 15 May 1999,
+ 
+ — the Agreement between the Socialist Federative Republic of Yugoslavia and the People’s Republic of Hungary on Mutual Legal Assistance, signed at Belgrade on 7 March 1968, still in force between Croatia and Hungary,
+ 
+ — the Agreement between the Republic of Croatia and the Republic of Slovenia on Legal Assistance in Civil and Criminal Matters, signed at Zagreb on 7 February 1994.
− — the Treaty between Romania and the Republic of Poland on Legal Assistance and Legal Relations in Civil Cases, signed at Bucharest on 15 May 1999.
+ 1. The Treaty and the Conventions referred to in Article 69 shall continue to have effect in relation to matters to which this Regulation does not apply.
− **1.** The Treaty and the Conventions referred to in Article 69 shall continue to have effect in relation to matters to which this Regulation does not apply.
+ 2. They shall continue to have effect in respect of judgments given and documents formally drawn up or registered as authentic instruments before the entry into force of this Regulation.
− **2.** They shall continue to have effect in respect of judgments given and documents formally drawn up or registered as authentic instruments before the entry into force of this Regulation.
+ 1. This Regulation shall not affect any conventions to which the Member States are parties and which in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments.
+ 
+ 2. With a view to its uniform interpretation, paragraph 1 shall be applied in the following manner:
+ 
+ (a) this Regulation shall not prevent a court of a Member State, which is a party to a convention on a particular matter, from assuming jurisdiction in accordance with that convention, even where the defendant is domiciled in another Member State which is not a party to that convention. The court he…
+ 
+ (b) judgments given in a Member State by a court in the exercise of jurisdiction provided for in a convention on a particular matter shall be recognised and enforced in the other Member States in accordance with this Regulation.
− **1.** This Regulation shall not affect any conventions to which the Member States are parties and which in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments.
+ Where a convention on a particular matter to which both the Member State of origin and the Member State addressed are parties lays down conditions for the recognition or enforcement of judgments, those conditions shall apply. In any event, the provisions of this Regulation which concern the procedur…
− **2.** With a view to its uniform interpretation, paragraph 1 shall be applied in the following manner:(a) this Regulation shall not prevent a court of a Member State, which is a party to a convention on a particular matter, from assuming jurisdiction in accordance with that convention, even where t…
+ ## CHAPTER VIII / FINAL PROVISIONS
− ## CHAPTER VIII — FINAL PROVISIONS
+ 1. The Member States shall notify the Commission of the texts amending the lists set out in Annexes I to IV. The Commission shall adapt the Annexes concerned accordingly.
− **1.** The Member States shall notify the Commission of the texts amending the lists set out in Annexes I to IV. The Commission shall adapt the Annexes concerned accordingly.
+ 2. The updating or technical adjustments of the forms, specimens of which appear in Annexes V and VI, shall be adopted by the Commission. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred t…
− **2.** The updating or technical adjustments of the forms, specimens of which appear in Annexes V and VI, shall be adopted by the Commission. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referr…
+ 1. The Commission shall be assisted by a committee.
− **1.** The Commission shall be assisted by a committee.
+ 2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
− **2.** Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
+ 
+ This Regulation is binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.
+ 
+ ### ANNEX I
+ 
+ **Rules of jurisdiction referred to in Articles 3(2) and 4(2)**
+ 
+ | — | in Belgium : Articles 5 through 14 of the Law of 16 July 2004 on private international law, |
+ | --- | --- |
+ 
+ | — | in Bulgaria : Article 4, paragraph 1, point 2, of the Private International Law Code, |
+ | --- | --- |
+ 
+ | — | in the Czech Republic : Article 86 of Act No 99/1963 Coll., the Code of Civil Procedure (‘občanský soudní řád’), as amended, |
+ | --- | --- |
+ 
+ | — | in Denmark : Article 246(2) and (3) of the Administration of Justice Act (‘lov om rettens pleje’), |
+ | --- | --- |
+ 
+ | — | in Germany : Article 23 of the code of civil procedure (‘Zivilprozeßordnung’), |
+ | --- | --- |
+ 
+ | — | in Estonia : Article 86 of the Code of Civil Procedure (‘tsiviilkohtumenetluse seadustik’), |
+ | --- | --- |
+ 
+ | — | in Ireland : the rules which enable jurisdiction to be founded on the document instituting the proceedings having been served on the defendant during his temporary presence in Ireland, |
+ | --- | --- |
+ 
+ | — | in Greece : Article 40 of the code of civil procedure (‘Κώδικας Πολιτικής Δικονομίας’), |
+ | --- | --- |
+ 
+ | — | in France : Articles 14 and 15 of the civil code (‘Code civil’), |
+ | --- | --- |
+ 
+ | — | in Croatia : Article 46(2) of the Act on Resolution of Conflicts of Law with Regulations of Other Countries in Certain Relations (Zakon o rješavanju sukoba zakona s propisima drugih zemalja u određenim odnosima) in relation to Article 47(2) of the Civil Procedure Act (Zakon o parničnom postupk…
+ | --- | --- |
+ 
+ | — | in Italy : Articles 3 and 4 of Law 218 of 31 May 1995, |
+ | --- | --- |
+ 
+ | — | in Cyprus : Section 21(2) of the Courts of Justice Law No 14 of 1960, as amended, |
+ | --- | --- |
+ 
+ | — | in Latvia : Section 27 and paragraphs 3, 5, 6 and 9 of Section 28 of the Civil Procedure Law (‘Civilprocesa likums’), |
+ | --- | --- |
+ 
+ | — | in Lithuania : Article 31 of the Code of Civil Procedure (‘Civilinio proceso kodeksas’), |
+ | --- | --- |
+ 
+ | — | in Luxembourg : Articles 14 and 15 of the civil code (‘Code civil’), |
+ | --- | --- |
+ 
+ | — | in Hungary : Article 57 of Law Decree No 13 of 1979 on International Private Law (‘a nemzetközi magánjogról szóló 1979. évi 13. törvényerejű rendelet’), |
+ | --- | --- |
+ 
+ | — | in Malta : Articles 742, 743 and 744 of the Code of Organisation and Civil Procedure – Chapter 12 (‘Kodiċi ta’ Organizzazzjoni u Proċedura Ċivili – Kap. 12’) and Article 549 of the Commercial Code – Chapter 13 (‘Kodiċi tal-kummerċ – Kap. 13’), |
+ | --- | --- |
+ 
+ | — | in Austria : Article 99 of the Law on Court Jurisdiction (‘Jurisdiktionsnorm’), |
+ | --- | --- |
+ 
+ | — | in Poland : Article 1103 point 4 and Article 1110 of the Code of Civil Procedure (Kodeksu postępowania cywilnego) in so far as the latter establish jurisdiction exclusively on the basis of one of the following circumstances: the applicant is a Polish citizen or has their habitual residence, do…
+ | --- | --- |
+ 
+ | — | in Portugal : Article 65(1)(b) of the Code of Civil Procedure (‘Código de Processo Civil’) in so far as it may encompass exorbitant grounds of jurisdiction, such as the courts for the place in which the branch, agency or other establishment is situated (if situated in Portugal) when the centra…
+ | --- | --- |
+ 
+ | — | in Romania : Articles 148-157 of Law No 105/1992 on Private International Law Relations, |
+ | --- | --- |
+ 
+ | — | in Slovenia : Article 48(2) of the Private International Law and Procedure Act (‘Zakon o medarodnem zasebnem pravu in postopku’) in relation to Article 47(2) of the Civil Procedure Act (‘Zakon o pravdnem postopku’) and Article 58 of the Private International Law and Procedure Act (‘Zakon o med…
+ | --- | --- |
+ 
+ | — | in Slovakia : Articles 37 to 37e of Act No 97/1963 on Private International Law and the Rules of Procedure relating thereto, |
+ | --- | --- |
+ 
+ | — | in Finland : paragraphs 1 and 2 of Section 18(1) of Chapter 10 of the Code of Judicial Procedure (‘oikeudenkäymiskaari/rättegångsbalken’), |
+ | --- | --- |
+ 
+ | — | in Sweden : the first sentence of the first paragraph of Section 3 of Chapter 10 of the Code of Judicial Procedure (‘rättegångsbalken’), |
+ | --- | --- |
+ 
+ | — | in the United Kingdom : the rules which enable jurisdiction to be founded on:(a) the document instituting the proceedings having been served on the defendant during his temporary presence in the United Kingdom; or(b) the presence within the United Kingdom of property belonging to the defendant…
+ | --- | --- |
+ 
+ ### ANNEX II
+ 
+ The courts or competent authorities to which the application referred to in Article 39 may be submitted are the following:
+ 
+ — in Belgium, the ‘tribunal de première instance’ or ‘rechtbank van eerste aanleg’ or ‘erstinstanzliches Gericht’,
+ 
+ — in Bulgaria, the ‘окръжният съд’,
… diff truncated at 500 changed lines …