What changed, Regulation (EU) No 1215/2012

+ ## CHAPTER I / **SCOPE AND DEFINITIONS**
− ### art_1
+ ### Article 1
− Article 1
+ 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 or to the liability of the State for acts and omissions in the exercise of State authority (*acta iure imperi…
− 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 or to the liability of the State for acts and omissions in the exercise of State authority (acta iure imperii…
+ 
+ (a) the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship or out of a relationship deemed by the law applicable to such relationship to have comparable effects to marriage;
+ (b) bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings;
− | (a) | the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship or out of a relationship deemed by the law applicable to such relationship to have comparable effects to marriage; |
− | --- | --- |
+ (c) social security;
− | (b) | bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings; |
− | --- | --- |
+ (d) arbitration;
− | (c) | social security; |
− | --- | --- |
+ (e) maintenance obligations arising from a family relationship, parentage, marriage or affinity;
− | (d) | arbitration; |
− | --- | --- |
+ (f) wills and succession, including maintenance obligations arising by reason of death.
− | (e) | maintenance obligations arising from a family relationship, parentage, marriage or affinity; |
− | --- | --- |
+ ### Article 2
− | (f) | wills and succession, including maintenance obligations arising by reason of death. |
− | --- | --- |
+ For the purposes of this Regulation:
− ### art_2
+ (a) ‘judgment’ means any judgment given by a court or tribunal of a Member State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as a decision on the determination of costs or expenses by an officer of the court.
− Article 2
+ For the purposes of Chapter III, ‘judgment’ includes provisional, including protective, measures ordered by a court or tribunal which by virtue of this Regulation has jurisdiction as to the substance of the matter. It does not include a provisional, including protective, measure which is ordered by …
− For the purposes of this Regulation:
+ (b) ‘court settlement’ means a settlement which has been approved by a court of a Member State or concluded before a court of a Member State in the course of proceedings;
− | (a) | ‘judgment’ means any judgment given by a court or tribunal of a Member State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as a decision on the determination of costs or expenses by an officer of the court.For the purposes of Chapter …
− | --- | --- |
+ (c) ‘authentic instrument’ means a document which has been formally drawn up or registered as an authentic instrument in the Member State of origin and the authenticity of which:
− | (b) | ‘court settlement’ means a settlement which has been approved by a court of a Member State or concluded before a court of a Member State in the course of proceedings; |
− | --- | --- |
+ (i) relates to the signature and the content of the instrument; and
− | (c) | ‘authentic instrument’ means a document which has been formally drawn up or registered as an authentic instrument in the Member State of origin and the authenticity of which:(i)relates to the signature and the content of the instrument; and(ii)has been established by a public authority or ot…
− | --- | --- |
− | (i) | relates to the signature and the content of the instrument; and |
− | (ii) | has been established by a public authority or other authority empowered for that purpose; |
+ (ii) has been established by a public authority or other authority empowered for that purpose;
− | (d) | ‘Member State of origin’ means the Member State in which, as the case may be, the judgment has been given, the court settlement has been approved or concluded, or the authentic instrument has been formally drawn up or registered; |
− | --- | --- |
+ (d) ‘Member State of origin’ means the Member State in which, as the case may be, the judgment has been given, the court settlement has been approved or concluded, or the authentic instrument has been formally drawn up or registered;
− | (e) | ‘Member State addressed’ means the Member State in which the recognition of the judgment is invoked or in which the enforcement of the judgment, the court settlement or the authentic instrument is sought; |
− | --- | --- |
+ (e) ‘Member State addressed’ means the Member State in which the recognition of the judgment is invoked or in which the enforcement of the judgment, the court settlement or the authentic instrument is sought;
− | (f) | ‘court of origin’ means the court which has given the judgment the recognition of which is invoked or the enforcement of which is sought. |
− | --- | --- |
+ (f) ‘court of origin’ means the court which has given the judgment the recognition of which is invoked or the enforcement of which is sought.
− ### art_3
+ ### Article 3
− Article 3
+ (a) in Hungary, in summary proceedings concerning orders to pay (fizetési meghagyásos eljárás), the notary (közjegyző);
− | (a) | in Hungary, in summary proceedings concerning orders to pay (fizetési meghagyásos eljárás), the notary (közjegyző); |
− | --- | --- |
+ (b) in Sweden, in summary proceedings concerning orders to pay (betalningsföreläggande) and assistance (handräckning), the Enforcement Authority (Kronofogdemyndigheten).
− | (b) | in Sweden, in summary proceedings concerning orders to pay (betalningsföreläggande) and assistance (handräckning), the Enforcement Authority (Kronofogdemyndigheten). |
− | --- | --- |
+ ## *SECTION 1* / ***General provisions***
− ### art_4
+ ### Article 4
− Article 4
+ ### Article 5
− ### art_5
− 
− Article 5
+ ### Article 6
− ### art_6
− 
− Article 6
+ ## *SECTION 2* / ***Special jurisdiction***
− ### art_7
+ ### Article 7
− Article 7
+ 
+ (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 point (b) does not apply then point (a) applies;
+ (2) in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur;
− | (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…
− | --- | --- |
− | (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 …
− | — | 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 point (b) does not apply then point (a) applies; |
+ (3) as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings;
− | (2) | in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur; |
− | --- | --- |
+ (4) as regards a civil claim for the recovery, based on ownership, of a cultural object as defined in point 1 of Article 1 of Directive 93/7/EEC initiated by the person claiming the right to recover such an object, in the courts for the place where the cultural object is situated at the time when th…
+ 
+ (5) as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place where the branch, agency or other establishment is situated;
− | (3) | as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings; |
− | --- | --- |
+ (6) as regards a dispute brought against a settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the Member State in which the trust is domiciled;
− | (4) | as regards a civil claim for the recovery, based on ownership, of a cultural object as defined in point 1 of Article 1 of Directive 93/7/EEC initiated by the person claiming the right to recover such an object, in the courts for the place where the cultural object is situated at the time whe…
− | --- | --- |
+ (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:
− | (5) | as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place where the branch, agency or other establishment is situated; |
− | --- | --- |
+ (a) has been arrested to secure such payment; or
− | (6) | as regards a dispute brought against a settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the Member State in which the trust is domiciled; |
− | --- | --- |
+ (b) could have been so arrested, but bail or other security has been given;
− | (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 sec…
− | --- | --- |
− | (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.
− ### art_8
+ ### Article 8
− Article 8
+ (1) where he is one of a number of defendants, in the courts for the place where any one of them is domiciled, provided the claims 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;
− | (1) | where he is one of a number of defendants, in the courts for the place where any one of them is domiciled, provided the claims 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; …
− | --- | --- |
+ (2) as a third party in an action on a warranty or guarantee or in any other third-party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case;
− | (2) | as a third party in an action on a warranty or guarantee or in any other third-party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case; |
− | --- | --- |
+ (3) on a counter-claim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;
− | (3) | on a counter-claim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending; |
− | --- | --- |
+ (4) in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights *in rem* in immovable property, in the court of the Member State in which the property is situated.
− | (4) | in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court of the Member State in which the property is situated. |
− | --- | --- |
+ ### Article 9
− ### art_9
− Article 9
− 
+ ## *SECTION 3* / ***Jurisdiction in matters relating to insurance***
− ### art_10
+ ### Article 10
− Article 10
+ ### Article 11
− ### art_11
− Article 11
− 
+ (a) in the courts of the Member State in which he is domiciled;
− | (a) | in the courts of the Member State in which he is domiciled; |
− | --- | --- |
+ (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 claimant 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 claimant is domiciled; or |
− | --- | --- |
+ (c) if he is a co-insurer, in the courts of a Member State in which proceedings are brought against the leading insurer.
− | (c) | if he is a co-insurer, in the courts of a Member State in which proceedings are brought against the leading insurer. |
− | --- | --- |
+ ### Article 12
− ### art_12
− Article 12
− 
+ ### Article 13
− ### art_13
− 
− Article 13
+ ### Article 14
− ### art_14
− Article 14
− 
+ 
+ ### Article 15
+ 
+ The provisions of this Section may be departed from only by an agreement:
+ (1) which is entered into after the dispute has arisen;
− ### art_15
+ (2) which allows the policyholder, the insured or a beneficiary to bring proceedings in courts other than those indicated in this Section;
− Article 15
+ (3) which is concluded between a policyholder and an insurer, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Member State, and which has the effect of conferring jurisdiction on the courts of that Member State even if the harmful event were to…
− The provisions of this Section may be departed from only by an agreement:
+ (4) which is concluded with a policyholder who is not domiciled in a Member State, except in so far as the insurance is compulsory or relates to immovable property in a Member State; or
− | (1) | which is entered into after the dispute has arisen; |
− | --- | --- |
+ (5) which relates to a contract of insurance in so far as it covers one or more of the risks set out in Article 16.
− | (2) | which allows the policyholder, the insured or a beneficiary to bring proceedings in courts other than those indicated in this Section; |
− | --- | --- |
+ ### Article 16
− | (3) | which is concluded between a policyholder and an insurer, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Member State, and which has the effect of conferring jurisdiction on the courts of that Member State even if the harmful event wer…
− | --- | --- |
+ The following are the risks referred to in point 5 of Article 15:
− | (4) | which is concluded with a policyholder who is not domiciled in a Member State, except in so far as the insurance is compulsory or relates to immovable property in a Member State; or |
− | --- | --- |
+ (1) any loss of or damage to:
− | (5) | which relates to a contract of insurance in so far as it covers one or more of the risks set out in Article 16. |
− | --- | --- |
+ (a) seagoing ships, installations situated offshore or on the high seas, or aircraft, arising from perils which relate to their use for commercial purposes;
− ### art_16
+ (b) goods in transit other than passengers’ baggage where the transit consists of or includes carriage by such ships or aircraft;
− Article 16
+ (2) any liability, other than for bodily injury to passengers or loss of or damage to their baggage:
− The following are the risks referred to in point 5 of Article 15:
+ (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 sh…
− | --- | --- |
− | (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; |
+ (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 a…
− | --- | --- |
− | (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; |
− | (b) | for loss or damage caused by goods in transit as described in point 1(b); |
+ (3) any financial loss connected with the use or operation of ships, installations or aircraft as referred to in point 1(a), in particular loss of freight or charter-hire;
− | (3) | any financial loss connected with the use or operation of ships, installations or aircraft as referred to in point 1(a), in particular loss of freight or charter-hire; |
− | --- | --- |
+ (4) any risk or interest connected with any of those referred to in points 1 to 3;
− | (4) | any risk or interest connected with any of those referred to in points 1 to 3; |
− | --- | --- |
+ (5) notwithstanding points 1 to 4, all ‘large risks’ as defined in Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (14).
− | (5) | notwithstanding points 1 to 4, all ‘large risks’ as defined in Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (14). |
− | --- | --- |
+ ## *SECTION 4* / ***Jurisdiction over consumer contracts***
− ### art_17
+ ### Article 17
− Article 17
+ (a) it is a contract for the sale of goods on instalment credit terms;
− | (a) | it is a contract for the sale of goods on instalment credit terms; |
− | --- | --- |
+ (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
− | (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…
− | (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…
− | --- | --- |
+ ### Article 18
− ### art_18
− Article 18
− 
+ ### Article 19
− ### art_19
− 
− Article 19
+ (1) which is entered into after the dispute has arisen;
− | (1) | which is entered into after the dispute has arisen; |
− | --- | --- |
+ (2) which allows the consumer to bring proceedings in courts other than those indicated in this Section; or
− | (2) | which allows the consumer to bring proceedings in courts other than those indicated in this Section; or |
− | --- | --- |
+ (3) which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Member State, and which confers jurisdiction on the courts of that Member State, provided that such an agreement is n…
− | (3) | which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Member State, and which confers jurisdiction on the courts of that Member State, provided that such an agreement …
− | --- | --- |
+ ## *SECTION 5* / ***Jurisdiction over individual contracts of employment***
− ### art_20
+ ### Article 20
− Article 20
+ ### Article 21
+ 
+ 1. An employer domiciled in a Member State may be sued:
− ### art_21
+ (a) in the courts of the Member State in which he is domiciled; or
− Article 21
+ (b) in another Member State:
− 1. An employer domiciled in a Member State may be sued:
+ (i) in the courts for the place where or from where the employee habitually carries out his work or in the courts for the last place where he did so; or
− | (a) | in the courts of the Member State in which he is domiciled; or |
− | --- | --- |
+ (ii) 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.
− | (b) | in another Member State:(i)in the courts for the place where or from where the employee habitually carries out his work or in the courts for the last place where he did so; or(ii)if the employee does not or did not habitually carry out his work in any one country, in the courts for the place…
− | --- | --- |
− | (i) | in the courts for the place where or from where the employee habitually carries out his work or in the courts for the last place where he did so; or |
− | (ii) | 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. |
+ ### Article 22
− ### art_22
− 
− Article 22
+ ### Article 23
− ### art_23
− Article 23
− 
+ (1) which is entered into after the dispute has arisen; or
− | (1) | which is entered into after the dispute has arisen; or |
− | --- | --- |
+ (2) which allows the employee to bring proceedings in courts other than those indicated in this Section.
− | (2) | which allows the employee to bring proceedings in courts other than those indicated in this Section. |
− | --- | --- |
+ ## *SECTION 6* / ***Exclusive jurisdiction***
− ### art_24
+ ### Article 24
− Article 24
+ 
+ (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…
+ 
+ (2) in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, or the validity of the decisions of their organs, the courts of the Member State in which the company, legal…
− | (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 privat…
− | --- | --- |
+ (3) in proceedings which have as their object the validity of entries in public registers, the courts of the Member State in which the register is kept;
− | (2) | in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, or the validity of the decisions of their organs, the courts of the Member State in which the company, l…
− | --- | --- |
+ (4) in proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, irrespective of whether the issue is raised by way of an action or as a defence, the courts of the Member State in which the deposit or reg…
− | (3) | in proceedings which have as their object the validity of entries in public registers, the courts of the Member State in which the register is kept; |
− | --- | --- |
+ 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 in proceedings concerned with the registration or validity of any European …
− | (4) | in proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, irrespective of whether the issue is raised by way of an action or as a defence, the courts of the Member State in which the deposit or…
− | --- | --- |
+ (5) in proceedings concerned with the enforcement of judgments, the courts of the Member State in which the judgment has been or is to be enforced.
− | (5) | in proceedings concerned with the enforcement of judgments, the courts of the Member State in which the judgment has been or is to be enforced. |
− | --- | --- |
+ ## *SECTION 7* / ***Prorogation of jurisdiction***
− ### art_25
+ ### Article 25
− Article 25
+ (a) in writing or evidenced in writing;
− | (a) | in writing or evidenced in writing; |
− | --- | --- |
+ (b) in a form which accords with practices which the parties have established between themselves; 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…
− | (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 conce…
− | --- | --- |
+ ### Article 26
− ### art_26
− 
− Article 26
+ ## *SECTION 8* / ***Examination as to jurisdiction and admissibility***
− ### art_27
+ ### Article 27
− Article 27
+ ### Article 28
− ### art_28
− 
− Article 28
+ ## *SECTION 9* / ***Lis pendens — related actions***
− ### art_29
+ ### Article 29
− Article 29
+ ### Article 30
− ### art_30
− Article 30
− 
+ ### Article 31
− ### art_31
− 
− Article 31
+ ### Article 32
− ### art_32
− 
− Article 32
+ (a) at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the claimant has not subsequently failed to take the steps he was required to take to have service effected on the defendant; or
− | (a) | at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the claimant has not subsequently failed to take the steps he was required to take to have service effected on the defendant; or |
− | --- | --- |
+ (b) if the document has to be served before being lodged with the court, at the time when it is received by the authority responsible for service, provided that the claimant has not subsequently failed to take the steps he was required to take to have the document lodged with the court.
− | (b) | if the document has to be served before being lodged with the court, at the time when it is received by the authority responsible for service, provided that the claimant has not subsequently failed to take the steps he was required to take to have the document lodged with the court. |
− | --- | --- |
− 
− ### art_33
+ ### Article 33
− Article 33
+ (a) it is expected that the court of the third State will give a judgment capable of recognition and, where applicable, of enforcement in that Member State; and
− | (a) | it is expected that the court of the third State will give a judgment capable of recognition and, where applicable, of enforcement in that Member State; and |
− | --- | --- |
+ (b) the court of the Member State is satisfied that a stay is necessary for the proper administration of justice.
− | (b) | the court of the Member State is satisfied that a stay is necessary for the proper administration of justice. |
− | --- | --- |
+ (a) the proceedings in the court of the third State are themselves stayed or discontinued;
− | (a) | the proceedings in the court of the third State are themselves stayed or discontinued; |
− | --- | --- |
+ (b) it appears to the court of the Member State that the proceedings in the court of the third State are unlikely to be concluded within a reasonable time; or
− | (b) | it appears to the court of the Member State that the proceedings in the court of the third State are unlikely to be concluded within a reasonable time; or |
− | --- | --- |
+ (c) the continuation of the proceedings is required for the proper administration of justice.
− | (c) | the continuation of the proceedings is required for the proper administration of justice. |
− | --- | --- |
+ ### Article 34
− ### art_34
− 
− Article 34
+ (a) it is expedient to hear and determine the related actions together to avoid the risk of irreconcilable judgments resulting from separate proceedings;
− | (a) | it is expedient to hear and determine the related actions together to avoid the risk of irreconcilable judgments resulting from separate proceedings; |
− | --- | --- |
+ (b) it is expected that the court of the third State will give a judgment capable of recognition and, where applicable, of enforcement in that Member State; and
− | (b) | it is expected that the court of the third State will give a judgment capable of recognition and, where applicable, of enforcement in that Member State; and |
− | --- | --- |
+ (c) the court of the Member State is satisfied that a stay is necessary for the proper administration of justice.
− | (c) | the court of the Member State is satisfied that a stay is necessary for the proper administration of justice. |
− | --- | --- |
+ (a) it appears to the court of the Member State that there is no longer a risk of irreconcilable judgments;
− | (a) | it appears to the court of the Member State that there is no longer a risk of irreconcilable judgments; |
− | --- | --- |
+ (b) the proceedings in the court of the third State are themselves stayed or discontinued;
− | (b) | the proceedings in the court of the third State are themselves stayed or discontinued; |
− | --- | --- |
+ (c) it appears to the court of the Member State that the proceedings in the court of the third State are unlikely to be concluded within a reasonable time; or
− | (c) | it appears to the court of the Member State that the proceedings in the court of the third State are unlikely to be concluded within a reasonable time; or |
− | --- | --- |
+ (d) the continuation of the proceedings is required for the proper administration of justice.
− | (d) | the continuation of the proceedings is required for the proper administration of justice. |
− | --- | --- |
+ ## *SECTION 10* / ***Provisional, including protective, measures***
− ### art_35
+ ### Article 35
− Article 35
+ ## *SECTION 1* / ***Recognition***
− ### art_36
+ ### Article 36
− Article 36
+ ### Article 37
− ### art_37
− Article 37
− 
+ (a) a copy of the judgment which satisfies the conditions necessary to establish its authenticity; and
− | (a) | a copy of the judgment which satisfies the conditions necessary to establish its authenticity; and |
− | --- | --- |
+ (b) the certificate issued pursuant to Article 53.
− | (b) | the certificate issued pursuant to Article 53. |
− | --- | --- |
+ ### Article 38
− ### art_38
− 
− Article 38
+ (a) the judgment is challenged in the Member State of origin; or
− | (a) | the judgment is challenged in the Member State of origin; or |
− | --- | --- |
+ (b) an application has been submitted for a decision that there are no grounds for refusal of recognition as referred to in Article 45 or for a decision that the recognition is to be refused on the basis of one of those grounds.
− | (b) | an application has been submitted for a decision that there are no grounds for refusal of recognition as referred to in Article 45 or for a decision that the recognition is to be refused on the basis of one of those grounds. |
− | --- | --- |
+ ## *SECTION 2* / ***Enforcement***
− ### art_39
+ ### Article 39
− Article 39
+ ### Article 40
− ### art_40
− 
− Article 40
+ ### Article 41
− ### art_41
− 
− Article 41
+ ### Article 42
− ### art_42
− Article 42
− 
+ (a) a copy of the judgment which satisfies the conditions necessary to establish its authenticity; and
− | (a) | a copy of the judgment which satisfies the conditions necessary to establish its authenticity; and |
− | --- | --- |
+ (b) the certificate issued pursuant to Article 53, certifying that the judgment is enforceable and containing an extract of the judgment as well as, where appropriate, relevant information on the recoverable costs of the proceedings and the calculation of interest.
− | (b) | the certificate issued pursuant to Article 53, certifying that the judgment is enforceable and containing an extract of the judgment as well as, where appropriate, relevant information on the recoverable costs of the proceedings and the calculation of interest. |
− | --- | --- |
+ 
+ (a) a copy of the judgment which satisfies the conditions necessary to establish its authenticity;
+ 
+ (b) the certificate issued pursuant to Article 53, containing a description of the measure and certifying that:
+ (i) the court has jurisdiction as to the substance of the matter;
− | (a) | a copy of the judgment which satisfies the conditions necessary to establish its authenticity; |
− | --- | --- |
+ (ii) the judgment is enforceable in the Member State of origin; and
− | (b) | the certificate issued pursuant to Article 53, containing a description of the measure and certifying that:(i)the court has jurisdiction as to the substance of the matter;(ii)the judgment is enforceable in the Member State of origin; and |
− | --- | --- |
− | (i) | the court has jurisdiction as to the substance of the matter; |
− | (ii) | the judgment is enforceable in the Member State of origin; and |
+ (c) where the measure was ordered without the defendant being summoned to appear, proof of service of the judgment.
− | (c) | where the measure was ordered without the defendant being summoned to appear, proof of service of the judgment. |
− | --- | --- |
+ ### Article 43
− ### art_43
− Article 43
− 
+ (a) a language which he understands; or
− | (a) | a language which he understands; or |
− | --- | --- |
+ (b) the official language of the Member State in which he is domiciled or, where there are several official languages in that Member State, the official language or one of the official languages of the place where he is domiciled.
− | (b) | the official language of the Member State in which he is domiciled or, where there are several official languages in that Member State, the official language or one of the official languages of the place where he is domiciled. |
− | --- | --- |
+ ### Article 44
− ### art_44
− 
− Article 44
+ (a) limit the enforcement proceedings to protective measures;
− | (a) | limit the enforcement proceedings to protective measures; |
− | --- | --- |
+ (b) make enforcement conditional on the provision of such security as it shall determine; or
− | (b) | make enforcement conditional on the provision of such security as it shall determine; or |
− | --- | --- |
+ (c) suspend, either wholly or in part, the enforcement proceedings.
− | (c) | suspend, either wholly or in part, the enforcement proceedings. |
− | --- | --- |
+ ## Subsection 1 / **Refusal of recognition**
− ### art_45
+ ### Article 45
− Article 45
+ (a) if such recognition is manifestly contrary to public policy (ordre public) in the Member State addressed;
+ 
+ (b) where the judgment was given in default of appearance, if the defendant was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable him to arrange for his defence, unless the defendant failed to commence proce…
+ 
+ (c) if the judgment is irreconcilable with a judgment given between the same parties in the Member State addressed;
− | (a) | if such recognition is manifestly contrary to public policy (ordre public) in the Member State addressed; |
− | --- | --- |
+ (d) if the judgment is irreconcilable with an earlier judgment given in another Member State or in a third State involving the same cause of action and between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in the Member State addressed; or
− | (b) | where the judgment was given in default of appearance, if the defendant was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable him to arrange for his defence, unless the defendant failed to commence p…
− | --- | --- |
+ (e) if the judgment conflicts with:
− | (c) | if the judgment is irreconcilable with a judgment given between the same parties in the Member State addressed; |
− | --- | --- |
… diff truncated at 500 changed lines …