Council Regulation (WE) no 44/2001
of 22 December 2000 r.
on jurisdiction and recognition and enforcement of judgments in civil and commercial
COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, in particular. 61 lit. c) i art. 67 paragraph. 1,
thereof [1],
Having consulted the European Parliament [2],
Having consulted the Economic and Social [3],
and bearing in mind, The following:
(1) The Community has set itself the objective of maintaining and developing an area of freedom, security and justice, which guaranteed the free movement of persons. The aim of progressively such an area the Community, inter alia, judicial cooperation in civil matters must take the measures necessary for the proper functioning of the internal market.
(2) Differences between national rules governing jurisdiction and recognition of judgments hamper the sound operation of the internal market. Therefore rovisions to unify the rules on jurisdiction in civil and commercial matters and to simplify the formalities with a view to rapid and simple recognition and enforcement of judgments from Member States bound by this Regulation.
(3) This area is subject to judicial cooperation in civil matters within the meaning of. 65 Treaty.
(4) According to set out in Article. 5 Treaty principles of subsidiarity and proportionality, the objectives of this Regulation can not be sufficiently achieved by the Member States; may therefore be better achieved at Community level. This Regulation is limited to the minimum necessary to achieve those objectives and does not go beyond, what is necessary for that.
(5) Based on Article. 293 The fourth indent of the Treaty, Member States have concluded on 27 September 1968 r. Brussels Convention on jurisdiction and enforcement of judgments in civil and commercial matters, the text as amended by Conventions on the accession of new Member States to the Convention [4] (hereinafter referred to as “Brussels Convention”). Member States and EFTA States concluded the day 16 September 1988 r. Lugano Convention on jurisdiction and enforcement of judgments in civil and commercial matters, which is a parallel Convention to the Brussels 1968 r. These conventions have been undertaken for the revision; Council approved the content of the revised text. The results achieved in that revision should be ensured.
(6) In order to guarantee the free movement of judgments in civil and commercial matters is a necessary and appropriate, the rules governing jurisdiction and recognition and enforcement of judgments be governed by a Community act, which is binding and directly applicable.
(7) The scope of this Regulation must cover all, apart from certain well defined areas of law, the main civil and commercial.
(8) Disputes to which this Regulation must be a link with the territory of the Member States bound by this Regulation. Common rules on jurisdiction should, in principle, apply when, when the defendant is domiciled in one of those Member States.
(9) A defendant not domiciled in a Member State is in general subject to national rules of jurisdiction, force in the territory of a Member State, in which the court, seised, and a defendant domiciled in a Member State, which is not bound by this Regulation, remain subject to the Brussels Convention.
(10) In order to guarantee the free movement of judgments, judgments given in a Member State bound by this Regulation should be recognized and enforced in another Member State bound by this Regulation, and that even if, when the judgment debtor is domiciled in a third country.
(11) Rules of jurisdiction must be highly predictable and should depend essentially on the defendant, s domicile and jurisdiction must always be, with the exception of a few well-defined situations, in which the subject-matter of the dispute or the agreement of the parties warrants a different linking. Head of legal entities must be defined autonomously so as to common rules more transparent and avoid conflicts of jurisdiction.
(12) Jurisdiction is based on a connector of residence should be complemented by jurisdiction based on other switches, which should be released because of the close relationship between the court and the action or in the interest of proper administration of justice.
(13) In relation to insurance, consumer contracts and employment, the weaker party should be protected by rules of jurisdiction more favorable than the general rules.
(14) Subject to the exclusive jurisdiction of this Regulation must be complied with the freedom of parties to a contractual choice of jurisdiction, with the exception of matters relating to insurance, consumer contracts and employment,, which allowed only limited freedom of the parties in the contractual choice of jurisdiction.
(15) In the interests of the harmonious administration of justice should be avoided as far, as is possible, parallel proceedings, to the two Member States not inconsistent with each other were taken the decision. Must be a clear and effective mechanism for resolving cases of lis pendens and related actions in connection, as well as to prevent problems arising from the different determination of the moment, a case is deemed to be pending. For the purposes of this Regulation that time should be defined autonomously.
(16) Mutual trust in the administration of justice within the Community justifies judgments given in a Member State under the law, without any special treatment, except in the case of a dispute over whether.
(17) Because of this mutual trust is a reasonable, the procedure for making a judgment given in another Member State proceeded quickly and efficiently. Declaration of enforceability should be issued virtually automatically, after purely formal checks of the documents, no possibility for the court to the office of any of the obstacles to enforcement provided for in this Regulation.
(18) For the sake of rights of the defense but he must have the opportunity to make an appeal against the declaration of enforceability in the proceedings, in which both parties are heard, if it considers, that one of the grounds for refusal of enforcement. Redress procedures should also be available to the applicant, if his request for a declaration of enforceability has been rejected.
(19) In order to ensure continuity between the Brussels Convention and this Regulation shall be provided for the transitional provisions. This also applies to the interpretation of the Brussels Convention by the European Court of Justice. Minutes of the 1971 r. [5] should remain applicable to proceedings, at the time of entry into force of this Regulation already under way.
(20) The United Kingdom and Ireland have notified in writing in accordance with Article. 3 Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community, wish to take part in the adoption and application of this Regulation.
(21) In accordance with Article. 1 i 2 Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark does not participate in the adoption of this Regulation, which is therefore not binding upon Denmark and is not in relation to its application.
(22) Because the relations between Denmark and the Member States bound by this Regulation, the Brussels Convention, The Convention and Protocol 1971 r. will continue to apply between Denmark and the Member States bound by this Regulation.
(23) The Brussels Convention also continues in the territories of Member States which fall within the territorial scope, and are excluded from this Regulation pursuant to Article. 299 Treaty.
(24) In the interest of consistency should also be given, that this regulation does not affect rules governing jurisdiction and recognition of judgments contained in specific Community instruments.
(25) Respect for international commitments entered into by the Member States, this Regulation should not affect the agreements concluded by Member States of the Convention relating to specific matters.
(26) To take account of differences of law of certain Member States the basic principles laid down in this Regulation should be relaxed in the, as far as is necessary. The purpose of this Regulation shall be incorporated certain provisions of the Protocol to the Brussels Convention.
(27) In order to allow a harmonious transition in certain areas, which the Protocol to the Brussels Convention contains specific provisions, in this Regulation lays down rules for the transition period, that take into account the specific situation in certain Member States.
(28) Later than five years after the entry into force of this Regulation, the Commission will present a report on its application. If necessary, the Commission can submit proposals for adaptations.
(29) Annexes I-IV on the rules of national jurisdiction, courts or other competent authorities and redress the Commission will change based on changes submitted by the State; amendment of Annexes V and VI will be made in accordance with Council Decision 1999/468/EC of 28 June 1999 r. procedures for the exercise of implementing powers conferred on the Commission [6],
ADOPTED THIS REGULATION:
CHAPTER I
SCOPE
Article 1
1. This Regulation applies in civil and commercial matters, regardless of the court. It does not include, in particular, to revenue, customs and administrative.
2. This Regulation shall not apply to:
a) marital status, legal capacity to act, as well as the legal representation of individuals, the property consequences of marriage, law wills and succession;
b) Bankruptcy, systems and other similar proceedings;
c) Social Security;
d) arbitration.
3. In this Regulation, the term “Member State” mean Member States except Denmark.
CHAPTER II
JURISDICTION
Section 1
General Provisions
Article 2
1. Subject to the provisions of this Regulation, persons domiciled in a Member State may be sued, regardless of their nationality, the courts of that Member State.
2. Persons, who are not nationals of a Member State, in which they reside, apply the rules of jurisdiction applicable to nationals of that State.
Article 3
1. Persons domiciled in a Member State may be sued in the courts of another Member State only in accordance with Section 2-7 of this chapter.
2. In particular, these people have to apply national rules of jurisdiction set out in Annex I.
Article 4
1. If the defendant is not domiciled in a Member State, jurisdiction of the courts of each Member State, subject to Article. 22 i 23, determined by the law of that State.
2. Against the defendant, who is not domiciled in a Member State, any person residing in a Member State, regardless of nationality, may be invoked in this country on the existing rules of jurisdiction there, in particular those, which are listed in Annex I, as a national.
Section 2
Special jurisdiction
Article 5
Person, who is domiciled in a Member State, may be sued in another Member State:
1) a) in matters relating to a contract or claim arising out of contract – courts for the place, where the commitment was made or was to be performed;
b) within the meaning of this provision – and unless otherwise agreed - place of performance is:
– in the case of a sale of goods – in the Member State, in which these things under the contract were delivered or should have been delivered;
– the provision of services – in the Member State, in which the services under the contract were provided or should have been provided;
c) if the point. b) not applicable, point shall be used. a);
2) in respect of maintenance - the court of, where the maintenance creditor is domiciled or habitually resident or - in the case, if the matter is ancillary to proceedings concerning the status – the court, which has jurisdiction to entertain this case under its own law, unless that jurisdiction is based solely on the nationality of one of the parties;
3) matters relating to a criminal delict or delict or claim arising out of such an act – courts for the place, where it occurred or may be harmful event;
4) in a civil claim for damages or restitution, resulting from an offense – before a criminal court, to which an indictment, unless the court under its own law to entertain civil proceedings;
5) as regards a dispute arising from subsidiaries, agency or other establishment – courts for the place, in which the branch, agency or other establishment;
6) Cases, which acts as the founder, “trustee” or the beneficiary “trust” established under the Act or by a written or evidenced in writing – the courts of the Member State, whose territory the “trust” is established;
7) in matters relating to dispute the payment of remuneration for salvage, or of a cargo or freight, which are claimed in respect of activities related to rescue or help, the court, the jurisdiction of which the cargo or freight:
a) has been arrested to secure such payment; or
b) could be busy, but has been given bail or other security,
provided that this provision shall apply only if, where it is claimed, that the defendant has no right to the cargo or freight or had such a time of salvage or assistance.
Article 6
A person domiciled in a Member State may also be sued:
1) where he is a few people – courts for the place, in which he resides one of the defendants, provided the claims are so closely connected, that it is expedient to hear and determine the total to avoid the issue in separate proceedings irreconcilable judgments;
2) in actions on a warranty or guarantee or third party proceedings – the court, seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court would be competent;
3) in matters relating to the counterclaim, which is based on the same contract or on the same facts, on which the original claim was based – the court, in which the original claim is pending;
4) matters relating to a contract or claim arising out of contract and action may be combined with an action against the same defendant for the rights in rem in immovable – the court of a Member State, in which the property is located.
Article 7
If, under this Regulation a court of a Member State has jurisdiction in matters relating to liability from the use or operation of a vessel, then also in matters relating to the limitation of liability shall decide this court or any other court substituted in its place the law of that State.
Section 3
Jurisdiction in matters relating to insurance
Article 8
Without prejudice to Article. 4 i art. 5 Item 5 in matters relating to insurance, jurisdiction shall be determined by this section.
Article 9
1. An insurer domiciled in a Member State may be sued:
a) the courts of the Member State, in which he resides;
b) in another Member State, in proceedings of the policyholder, insured or the insurance – courts for the place, in which the plaintiff is domiciled; or
c) if he is a co, the court of a Member State, which proceedings are brought against the leading insurer.
2. If the insurer is not domiciled in a Member State, but has a branch, agency or other establishment in the Member State, in disputes arising from their activities is treated as, as if he were residing in the territory of that Member State.
Article 10
In respect of liability insurance or property insurance the insurer may be sued in the courts for the place, where the harmful event occurred. The same principle applies, if movable and immovable property are covered under the insurance contract, and both are adversely affected by the same event.
Article 11
1. In respect of liability insurance the insurer may be sued, in which the original claim is pending against the insured victim, as far as is permitted by the law of the court.
2. Articles. 8, 9 i 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, the same court shall have jurisdiction over those persons.
Article 12
1. Without prejudice to Article. 11 paragraph. 3 insurer may bring proceedings only in the courts of the Member State, in which the defendant is domiciled, no matter, whether he is the policyholder, insured or a beneficiary of insurance.
2. This section shall not affect the right to bring a counterclaim in the court, in which, according to the provisions of this section original claim is pending.
Article 13
The provisions of this Section may be departed from only by an agreement,
1) if the contract is entered into after the dispute has arisen; or
2) which allows the policyholder, insured or beneficiary of insurance to bring proceedings in courts other than those listed in this section; or
3) which is concluded between a policyholder and an insurer, who at the time the contract domiciled or habitually resident in the same Member State, to justify the jurisdiction of the courts of that State even if, where the harmful event occurred abroad, unless such agreement is not contrary to the law of that State; or
4) which is concluded with a policyholder, who is not domiciled in a Member State, with the exception of compulsory insurance or insurance of immovable property situated in a Member State; or
5) where it relates to insurance contracts covering one or more risks, listed in Article. 14.
Article 14
The scope of the regulation of art. 13 Item 5 following are the risks:
1) any damage:
a) seagoing ships, installations situated offshore or on the high seas, or aircraft, resulting from the risks associated with their use for commercial purposes;
b) goods in transit other than passengers' baggage, where the goods are transported solely or partly by such ships or aircraft;
2) liability of any kind, with the exception of liability for bodily injury to passengers or damage to their baggage:
a) resulting from the use or operation of ships, equipment or aircraft, referred to in paragraph 1 lit. a), unless - as concerns the latter – law of the Member State, where the aircraft are registered, prohibit agreements on jurisdiction regarding insurance of such risks;
b) for damage caused by goods in transit as described in paragraph 1 lit. b);
3) financial losses associated with the use or operation of ships, equipment or aircraft, referred to in paragraph 1 lit. a), in particular loss of freight or charter;
4) any risk in connection with any of those referred to in paragraphs 1-3;
5) notwithstanding points 1-4, all “large risks” as defined in Council Directive 73/239/EEC [7], amended by Council Directive 88/357/EEC [8] i 90/618/EWG [9], in the current version of each.
Section 4
Jurisdiction over consumer contracts
Article 15
1. In matters relating to the contract or claim to the contract, concluded by a person, consumer, to, which can not be considered a trade or profession of the person, jurisdiction shall be determined under this section, without prejudice to Article. 4 oraz Article. 5 Item 5,
a) a contract for the installment sale of goods; or
b) a contract for a loan repayable by installments or other loan agreement, which is intended to finance the sale of goods; or
c) In all other cases, the other party to the agreement of the Member State, the territory of which the consumer is domiciled, pursues a professional activity or business or such activities in any way directed to the State or to several States including that Member State, and the contract falls within the scope of this activity.
2. If the contract with the consumer who is not domiciled in a Member State, but has a branch, agency or other establishment in the Member State, it will be treated in disputes relating to their business, as if he were resident in the territory of that State.
3. This section does not apply to contracts of carriage, with the exception of travel contracts in exchange for providing an inclusive price, a combination of travel and accommodation.
Article 16
1. A consumer may bring an action against his contract either in the courts of the Member State, on which that party is domiciled, or at the court of, in which the consumer is domiciled.
2. The contractor may bring an action against a consumer only in the courts of the Member State, in which the consumer is domiciled.
3. The provisions of this Article shall not affect the right to bring a counterclaim in the court, which, in accordance with this Section, the original claim is pending.
Article 17
The provisions of this Section may be departed from only by an agreement,
1. if the contract is entered into after the dispute has arisen; or
2. which allows the consumer to bring proceedings in courts other than those listed in this section; or
3. is entered into between the consumer and the contractor, who at the time the contract domiciled or habitually resident in the same Member State, and the agreement which confers jurisdiction on the courts of that Member State, unless such agreement is not contrary to the law of that State.
Section 5
Jurisdiction over individual contracts of employment
Article 18
1. In matters relating to individual employment contract or a claim of individual employment contract, jurisdiction shall be determined by this Section, without prejudice to Article. 4 i art. 5 Item 5.
2. If the employer, from which the employee enters into an individual contract of employment, not domiciled in a Member State, but has a branch, agency or other establishment in the Member State, This will be treated in disputes relating to their business, as if he were residing in the territory of that Member State.
Article 19
An employer domiciled in a Member State may be sued:
1) the courts of the Member State, in which he resides; or
2) in another Member State
a) courts for the place, where the employee habitually carries out or last is usually carried out his work; or
b) if the employee does not habitually or usually did not provide work in one and the same country - before the courts for the place, in which there is or was situated, which engaged the employee.
Article 20
1. An employer may bring proceedings only in the courts of the Member State, in which the employee is a resident.
2. This section shall not affect the right to bring a counterclaim in the court, which, in accordance with this Section, the original claim is pending.
Article 21
The provisions of this Section may be departed from only by an agreement,
1) if the contract is entered into after the dispute has arisen; or
2) which allows the employee to bring proceedings in courts other than those listed in this section.
Section 6
Exclusive jurisdiction
Article 22
Regardless of domicile shall have exclusive jurisdiction:
1) Cases, their object rights in rem in immovable property or tenancies of immovable property – courts of the Member State, where the property is located.
However, in matters concerning lease of immovable property concluded for temporary private use, not exceeding six consecutive months, courts also have jurisdiction of a Member State, in which the defendant is domiciled, if the tenant is a natural person, the landlord and the tenant are domiciled in the same Member State;
2) Cases, concerned with the validity, nullity or the dissolution of the company or legal person or the validity of decisions of their organs – courts of the Member State, in which the company or legal person is established. In determining, that seat, the court shall apply its rules of private international law;
3) Cases, concerned with the validity of entries in public registers – courts of the Member State, in which the register is kept;
4) Cases, concerned with the registration or validity of patents, Trademark, designs and models, or other similar rights required to be deposited or registered – courts of the Member State, in which the deposit or registration or application or registration was either an act of Community law or international agreement shall be, that have taken place.
Without prejudice to the jurisdiction of the European Patent Office under the Convention on the Grant of European Patents, signed in Munich on 5 October 1973 r., courts of each Member State are, regardless of domicile, exclusive jurisdiction in all proceedings concerning the grant or validity of any European patent granted for that State;
5) in proceedings, concerned with the enforcement of judgments – courts of the Member State, in which the execution should take place or was.
Section 7
Prorogation of jurisdiction
Article 23
1. If the parties, least one of which is domiciled in a Member State, agreed, that a court or courts of a Member State shall resolve the disagreement or dispute has arisen that could result came from a particular legal relationship, a court or courts of that Member State have jurisdiction. The court or courts of that State have exclusive jurisdiction, unless the parties have agreed otherwise. Such an agreement conferring jurisdiction shall be:
a) in writing or evidenced in writing; or
b) as, which accords with practices established between the parties; or
c) in international trade - in the form corresponding to the custom of trading, which the parties knew or had to know, and that the agreements of this kind in a particular field of trade is widely known, and which constantly observe.
2. Electronic means which provides a permanent record of the agreement shall be equivalent to writing.
3. Where such an agreement is concluded by parties, none of whom is domiciled in the territory of any Member State, the courts of other Member States can not rule, unless agreed upon by the court or courts chosen have declined jurisdiction.
4. If the conditions set out in writing to the appointment “trust” been identified, proceedings brought against the founder of, “trustee” or beneficiary “trust” to recognize the court or courts of a Member State, to that court or those courts have exclusive jurisdiction, if relations between these persons or their rights or obligations under the “trust”.
5. Agreements on jurisdiction and the relevant provisions contained in the terms vocation “trust” no legal force, if they are contrary to the provisions of Article. 13, 17 i 21 or if the courts, whose jurisdiction has been disabled by the parties in the contract, shall have exclusive jurisdiction under Article. 22.
Article 24
If the court of a Member State has jurisdiction under other provisions of this Regulation, It obtains jurisdiction, if the defendant before the court that enters an appearance. This rule does not apply, if the defendant enter an appearance for this purpose, to contest the jurisdiction, or where another court has, pursuant to Article. 22 exclusive jurisdiction.
Section 8
Examination as to jurisdiction and admissibility
Article 25
The court of a Member State notes from the office no jurisdiction, if requested him to identify cases falling under Article. 22 to the exclusive jurisdiction of the courts of another Member State.
Article 26
1. If the defendant, who is resident in one Member State, be sued in another Member State and do not enter an appearance, court of its own motion finds no jurisdiction, if its jurisdiction is derived from the provisions of this Regulation.
2. The court suspended the proceedings until the determination, that the defendant had the opportunity to receive the document instituting the proceedings or an equivalent document in sufficient time to prepare his defense or that it has taken all necessary steps to.
3. The provisions of paragraph. 2 replaced by the provisions of Article. 19 Council Regulation (WE) no 1348/2000 of 29 May 2000 r. on the service of judicial or extrajudicial documents in civil or commercial matters in the Member States [10], if the document instituting the proceedings or an equivalent document had to be transmitted from one Member State to another Member State pursuant to this Regulation.
4. If the provisions of Regulation (WE) no 1348/2000 not applicable, art spaces. 15 The Hague Convention of 15 November 1965 r. the service abroad of judicial and extrajudicial documents in civil and commercial matters, if the document instituting the proceedings or an equivalent document had to be transmitted in accordance with the Convention.
Section 9
Lis pendens – matters that relate to each other
Article 27
1. If the courts of different Member States pending involving the same claim between the same parties, court, seised later, its own motion stay its proceedings until such time as the jurisdiction of the court, before the first seised.
2. Where the jurisdiction of the court, before the first seised, court, seised later, states declined jurisdiction in favor of that court.
Article 28
1. If the courts of different Member States' actions are pending, that remain with you in relation to, any court, seised later, may stay the proceedings.
2. If these actions are pending at first instance, any court, seised later, at the request of the state also declined jurisdiction, if the court, before the first seised, has jurisdiction in these matters, a joinder is permissible under the law.
3. For purposes of this Article shall be considered, that things are with you in relation to, if they are so closely connected, that it is expedient to hear and determine the total to avoid the issue in separate proceedings irreconcilable judgments.
Article 29
If the matter within the exclusive jurisdiction of several courts, court, seised later, finds no jurisdiction on the court, before the first seised.
Article 30
For the purposes of this section, the, the action was brought before the court:
1) at, when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the plaintiff has not subsequently failed to take action, to which he was obliged to take to have service effected on the defendant; or
2) if it be served before being lodged with the court document - at the moment, the authority responsible for service is received, provided that the plaintiff has not subsequently failed to take action, to which he was required to take the document lodged with the court.
Section 10
Provisional Measures, including protective measures
Article 31
The application for interim measures, including protective measures, under the law of the Member State, may be made to the courts of that State even if, where under this Regulation, the matter within the jurisdiction of the courts of another Member State.
CHAPTER III
RECOGNITION AND ENFORCEMENT
Article 32
For the purposes of this Regulation “judgment” means any judgment given by a court of a Member State, regardless of the, whether the sentence is defined as, decision, decision or writ of execution, including the provision on the taxation of costs by an officer of the court.
Section 1
Recognition
Article 33
1. A judgment given in one Member State are recognized in other Member States without any special procedure.
2. If the dispute is the question of recognition of a judgment, then either party, which relies on the recognition of a judgment, in a dispute may, referred to in sections 2 i 3 this chapter, request a determination, that the judgment be recognized.
3. If recognition is invoked in a dispute before a court of a Member State, a resolution of this dispute depends on the recognition, court may determine that.
Article 34
Judgment shall not be deemed to, if:
1) recognition is manifestly contrary to public policy in the Member State, in which recognition is sought;
2) defendant, which is not in default of appearance, not served with the document instituting the proceedings or an equivalent document in sufficient time and in a manner enabling him to prepare his defense, unless the defendant failed to challenge the judgment, although he had the opportunity to;
3) the judgment is irreconcilable with a decision rendered between the same parties in the Member State, in which recognition is sought;
4) the judgment is irreconcilable with an earlier judgment given in another Member State or in a third State involving the same claim between the same parties, provided that the earlier judgment fulfills the conditions necessary for its recognition in the Member State, in which recognition is sought.
Article 35
1. Judgment shall not be considered too, if it conflicts with the provisions of Section 3, 4 i 6 Chapter II or in the case provided for in Article. 72.
2. Examination of the grounds of jurisdiction referred to in paragraph. 1 court or other competent authority of the State, in which recognition is sought, is bound by the findings of fact, on which the court of a Member State of origin based its jurisdiction.
3. Subject to the provisions of paragraph. 1, jurisdiction of the court of a Member State of origin may not be reviewed. Jurisdiction rules do not belong to the public order within the meaning of. 34 Item 1.
Article 36
A foreign judgment may not be in any way its substance.
Article 37
1. The court of a Member State, before which recognition is sought of a judgment given in another Member State, may stay the proceedings, if the judgment has been filed an ordinary appeal.
2. The court of a Member State, before which recognition is sought of a judgment given in Ireland or the United Kingdom, may stay the proceedings, if enforcement is suspended in the Member State of origin by reason of an appeal.
Section 2
Exercise
Article 38
1. A judgment given in a Member State and that State be enforced in another Member State, enforceable if it has been declared on the application of any.
2. However, in the United Kingdom, such a judgment shall be enforced in England and Wales, in Scotland or in Northern Ireland, if the application has been registered for enforcement in that part of the United Kingdom.
Article 39
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 on the basis of residence of the debtor or to the place, where the execution should be carried out.
Article 40
1. The procedure for making the application, the law of the Member State of enforcement.
2. The applicant must give an address for service in the district court, to which an application. If the law of the Member State of enforcement does not provide for the furnishing of such an address, the applicant shows a representative ad litem.
3. The application shall be accompanied by the documents specified in Article. 53.
Article 41
After the formalities in Article. 53 immediately followed by a declaration of enforceability without any review under Articles. 34 i 35. The debtor in this stage of the proceedings is not to make any submissions.
Article 42
1. The decision on the application for a declaration of enforceability shall forthwith be brought to the notice in the form prescribed by the law of the Member State of enforcement.
2. The declaration of enforceability and, if you have not already, judgment shall be served on the debtor.
Article 43
1. Either party may appeal the decision on the application for enforcement.
2. The appeal to the court indicated in the list in Annex III.
3. The appeal is recognized in accordance with the rules governing procedure, in which both parties are heard.
4. If the debtor fails to appear before the court an appeal of the applicant, art. 26 paragraph. 2-4 Is also used, where the debtor is not domiciled in the territory of any Member State.
5. An appeal against the declaration of enforceability must be lodged within one month of service thereof. If the debtor is domiciled in a Member State other than that, in which the declaration of enforceability, the time for appealing shall be two months and runs from the date of service, the debtor personally or in his apartment. Extension of this period because of distance.
Article 44
The judgment given on appeal may be lodged only by the appeal in accordance with Annex IV.
Article 45
1. The court hearing an appeal under Article. 43 book art. 44 declaration of enforceability may refuse or revoke only one of the grounds listed in the rt.. 34 i 35. The court immediately.
2. A foreign judgment may not be in any way its substance.
Article 46
1. The court hearing an appeal under Article. 43 book art. 44 may, on the request of the debtor, If the Member State of origin has been lodged against an ordinary appeal, or if the time for such an appeal has not yet expired; in the latter case, the court may specify the time, within which an appeal should be lodged.
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, determined by them, security.
Article 47
1. If the judgment be recognized in accordance with this Regulation, no obstacles to the use by the applicant in accordance with the law of the Member State of enforcement of interim measures, including protective measures, without a declaration of enforceability under Article. 41.
2. The declaration of enforceability authorizes the use of such measures.
3. During the time for an appeal under Article. 43 paragraph. 5 and the moment of diagnosis, an appeal can not be conducted of enforcement, except for protective measures.
Article 48
1. Where a foreign judgment on several claims asserted in the lawsuit and enforcement can not be given to all claims, court or competent authority shall give it to one or more of.
2. An applicant may request a declaration of enforceability limited to parts of the decision.
Article 49
A foreign judgment which orders a periodic payment penalty shall be enforceable in the Member State of enforcement only, if the amount of penalty has been finally determined by the courts of the Member State of origin.
Article 50
The applicant, which the Member State of origin has benefited from complete or partial legal aid or exemption from costs or expenses, use in proceedings in this Section with the most appropriate treatment in legal aid or exemption from costs or expenses, provided for by the law of the Member State of enforcement.
Article 51
On this page, who in one Member State applies for enforcement of a judgment given in another Member State, You can not because of this, that is an alien or that it is in a Member State of enforcement of residence or stay, impose the obligation to deposit the security deposit the cost of the process or, regardless of their name.
Article 52
In proceedings for enforcement in a Member State of enforcement can not charge any fee, duty or fee calculated by the amount in dispute.
Section 3
Common provisions
Article 53
1. Page, which relies on the recognition or applying for enforcement, shall produce a copy of the judgment which satisfies the conditions necessary to establish its authenticity.
2. Without prejudice to Article. 55 page, applying for a declaration of enforceability, shall also produce the certificate in accordance with Article. 54.
Article 54
The court or competent authority of the State, in which the judgment was, issues, on request, certificate, using the form in Annex V to this Regulation.
Article 55
1. If the certificate according to Article. 54 not presented, court or competent authority may specify a time for its production or accept an equivalent document or exempt from the obligation to provide a certificate, If further clarification deemed unnecessary.
2. If the court or other competent authority, a translation of documents. The translation shall be certified by a person to do so in one of the Member States.
Article 56
Documents, referred to in Article. 53 i w art. 55 paragraph. 2 and authorization process, if this has been granted, do not require legalization or similar formality.
CHAPTER IV
AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS
Article 57
1. Official documents drawn up and enforceable in one Member State will be covered by the declaration of enforceability in another Member State, on request, in proceedings under Article. 38 and subsequent. The court hearing an appeal under Article. 43 book art. 44 declaration of enforceability may refuse or revoke only, if the execution of the instrument is manifestly contrary to public policy of the Member State implementation.
2. Authentic instruments within the meaning of paragraph. 1 also be regarded as concluded with administrative authorities or authenticated by that authority or agreement relating to maintenance obligations.
3. The instrument produced must satisfy the conditions necessary to establish its authenticity in the Member State, which was drawn.
4. The provisions of Section 3 Chapter III shall be applied. The competent authority of the State, where an authentic instrument was drawn up, issues, on request, certificate, using the form in Annex VI to this Regulation.
Article 58
A settlement concluded before a court during the proceedings and is enforceable in the Member State, which stated, will be performed in a Member State of enforcement under the same conditions as authentic instruments. The court or competent authority of the State, where a court settlement was concluded, issues, on request, certificate, using the form in Annex V to this Regulation.
CHAPTER V
GENERAL PROVISIONS
Article 59
1. In order to determine, whether a party is domiciled in a Member State, whose courts are seised of the matter, court shall apply its law.
2. If a party is not domiciled in a Member State, whose courts are seised of the matter, in order to determine, whether the party is domiciled in another Member State, apply the law of that State.
Article 60
1. For the purposes of this Regulation, companies and legal persons who are domiciled in the place, in which the:
a) their registered office; or
b) central administration; or
c) principal place of business.
2. In the United Kingdom and Ireland “registered office” means the registered office or, if that does not exist anywhere - place of incorporation (place of incorporation) or, if such exists nowhere - a place, under the law of which the formation took place (assumption).
3. In order to determine, or “trust” is established in a Member State, whose courts are seised of the matter, the court shall apply its rules of private international law.
Article 61
Without prejudice to more favorable provisions of national laws, persons domiciled in the territory of one Member State, who are being prosecuted because of an inadvertent offense before the criminal courts of another Member State, which they are not nationals, can be represented by authorized persons, even if they do not appear in person. However, the court may order appearance in person; in case of failure to appear, a judgment on the claims from the legal relationship in civil law, issued without the possibility of his defense, need not be recognized or enforced in other Member States.
Article 62
In Sweden, in summary proceedings betalningsföreläggande (writ proceeding) the assistance (ancillary proceedings) concept “court” also includes Swedish kronofogdemyndighet (enforcement office).
Article 63
1. A person domiciled in Luxembourg defendant before a court of another Member State pursuant to Article. 5 Item 1 may invoke the jurisdiction of that court, if the destination for delivery of the goods or services is in Luxembourg.
2. If, in accordance with paragraph. 1 destination for delivery of the goods or services is in Luxembourg, any agreement conferring jurisdiction only, it has been accepted in writing or evidenced in writing within the meaning of Article. 23 paragraph. 1 lit. a).
3. This Article does not apply to contracts for the provision of financial services.
4. This article shall apply for a period of six years from the entry into force of this Regulation.
Article 64
1. In disputes between the master and crew of a ship registered in Greece or in Portugal for remuneration or other conditions of service of the courts of a Member State shall examine the, whether the diplomatic or consular officer responsible for the ship has been notified of the dispute. It may act, once the officer has been notified.
2. This article shall apply for a period of six years from the entry into force of this Regulation.
Article 65
1. The jurisdiction specified in Article. 6 Item 2 i art. 11 in actions on a warranty or guarantee or other third party proceedings may not be realized either in Germany, ani w Austrii. Any person domiciled in another Member State may be sued in court:
a) in Germany - in accordance with Article. 68 and 72-74 of the Code of Civil Procedure (Code of Civil Procedure) the notices;
b) in Austria - in accordance with Article. 21 Code of Civil Procedure (Code of Civil Procedure) for notices.
2. Judgments given in other Member States under Article. 6 paragraph. 2 i art. 11 be recognized and enforced in Germany and Austria in accordance with Chapter III. Effects of, which judgments given in these States may have under paragraph. 1 against third parties, will also be recognized in other Member States.
ROZDZIAŁ VI
TRANSITION
Article 66
1. The provisions of this Regulation shall apply only to legal proceedings and official documents, that have been brought or filed after its entry into force.
2. If the action is brought in the Member State of origin before the entry into force of this Regulation, judgments given after that date shall be recognized and enforced in accordance with Chapter III:
a) if the action was instituted in the Member State of origin after the, the Brussels Convention or the Lugano Convention entered into force in both the Member State of origin, and in the Member State, in which the proceedings were instituted;
b) In all other cases, if the court had jurisdiction under the provisions of, which are consistent with the provisions of Chapter II of the jurisdiction or contract, which was in force at the time of filing of an action between the Member State of origin and the Member State, in which the proceedings were instituted.
CHAPTER VII
RELATIONSHIP TO OTHER INSTRUMENTS
Article 67
This Regulation shall not affect the application of, governing jurisdiction and the recognition and enforcement of judgments in specific matters which are contained in Community legislation or the law of the Member States, harmonized pursuant to such acts.
Article 68
1. This regulation replaces in relations between Member States of the Brussels Convention, except as regards the territories of the Member States, which fall within the territorial scope of that Convention and which, under Article. 299 Treaty shall be excluded from the scope of this Regulation.
2. As far as this Regulation replaces the relations between the Member States of the provisions of the Brussels Convention, references to the Convention shall be construed as references to this Regulation.
Article 69
Subject to Articles. 66 paragraph. 2 oraz Article. 70 This Regulation replaces the relations between Member States, the following conventions and agreements:
– Convention between Belgium and France on Jurisdiction, Recognition and Enforcement of Judgments, Arbitration Awards and Authentic, signed in Paris on 8 July 1899 r.,
– Convention between Belgium and the Netherlands on Jurisdiction, Bankruptcy, as well as on the Recognition and Enforcement of Judgments, Arbitration Awards and Authentic, signed in Brussels on 28 mark 1925 r.,
– Convention between France and Italy on the Enforcement of Judgments in Civil and Commercial Matters, signed in Rome on 3 June 1930 r.,
– Convention between the United Kingdom and the French Republic providing for the reciprocal enforcement of judgments in civil and commercial matters, and Protocol, signed in Paris on 18 January 1934 r.,
– Convention between the United Kingdom and the Kingdom of Belgium providing for the reciprocal enforcement of judgments in civil and commercial matters, and Protocol, signed in Brussels on 2 May 1934 r.,
– Convention between Germany and Italy on the Recognition and Enforcement of Judgments in Civil and Commercial Matters, signed in Rome on 9 mark 1936 r.,
– Convention between Belgium and Austria on the reciprocal recognition and enforcement of judgments and authentic instruments relating to maintenance obligations, signed at Vienna on 25 October 1957 r.,
– Convention between Germany and Belgium on the recognition and enforcement of judgments and arbitration awards and authentic instruments in civil and commercial matters, signed in Bonn on 30 June 1958 r.,
– Convention between the Netherlands and Italy on the Recognition and Enforcement of Judgments in Civil and Commercial Matters, signed in Rome on 17 April 1959 r.,
– Convention between Germany and Austria on the Reciprocal Recognition and Enforcement of Judgments, settlements and authentic instruments in civil and commercial matters, signed at Vienna on 6 June 1959 r.,
– Convention between Belgium and Austria on the Reciprocal Recognition and Enforcement of Judgments, arbitration awards and authentic instruments in civil and commercial matters, signed at Vienna on 16 June 1959 r.,
– Convention between the United Kingdom and the Federal Republic of Germany on the mutual recognition of judgments in civil and commercial matters, signed in Bonn on 14 July 1960 r.;
– Convention between the United Kingdom and Austria providing for the reciprocal recognition and enforcement of judgments in civil and commercial matters, signed at Vienna on 14 July 1961 r., with amending Protocol, signed at London on 6 mark 1970 r.;
– Convention between Greece and Germany for the Reciprocal Recognition and Enforcement of Judgments, settlements and authentic instruments in civil and commercial matters, signed in Athens on 4 November 1961 r.
– Convention between Belgium and Italy on the Recognition and Enforcement of Judgments and other Enforceable Instruments in Civil and Commercial Matters, signed in Rome on 6 April 1962 r.;
– Convention between the Netherlands and Germany for the Reciprocal Recognition and Enforcement of Judgments and other Enforceable Instruments in Civil and Commercial Matters, signed at The Hague on 30 August 1962 r.;
– Convention between the Netherlands and Austria on the reciprocal recognition and enforcement of judgments and authentic instruments in civil and commercial matters, signed at The Hague on 6 February 1963 r.;
– Convention between the United Kingdom and the Republic of Italy on the recognition and enforcement of judgments in civil and commercial matters, signed in Rome on 7 February 1964 r., with amending Protocol, signed in Rome on 14 July 1970 r.;
– Convention between France and Austria on the Recognition and Enforcement of Judgments and Authentic Instruments in Civil and Commercial Matters, signed at Vienna on 15 July 1966 r.;
– Convention between the United Kingdom and the Kingdom of the Netherlands providing for the reciprocal recognition and enforcement of judgments in civil matters, signed at The Hague on 17 November 1967 r.;
– Convention between Spain and France on the Recognition and Enforcement of Judgments and Arbitration Awards in Civil and Commercial Matters, signed in Paris on 28 May 1969 r.,
– Convention between Luxembourg and Austria on the recognition and enforcement of judgments and authentic instruments in civil and commercial matters, signed in Luxembourg on 29 July 1971 r.,
– Convention between Italy and Austria on the Recognition and Enforcement of Judgments in Civil and Commercial Matters, Judicial Settlements and of Authentic, signed in Rome on 16 November 1971 r.,
– Convention between Spain and Italy regarding Legal Aid and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, signed in Madrid on 22 May 1973 r.,
– Convention between Finland, Iceland, Norway, Sweden and Denmark on the Recognition and Enforcement of Judgments in Civil, signed at Copenhagen on 11 October 1977 r.,
– Convention between Austria and Sweden on the Recognition and Enforcement of Judgments in Civil Matters, signed in Stockholm on 16 September 1982 r.,
– Convention between Spain and the Federal Republic of Germany on the recognition and enforcement of judgments and settlements and authentic instruments in civil and commercial matters, signed in Bonn on 14 November 1983 r.,
– Convention between Austria and Spain on the Recognition and Enforcement of Judgments, settlements and enforceable authentic instruments in civil and commercial matters, signed at Vienna on 17 February 1984 r.,
– Convention between Finland and Austria on the Recognition and Enforcement of Judgments in Civil Matters, signed at Vienna on 17 November 1986 r.,
– Agreement between Belgium, Niderlandami i Luksemburgiem o jurysdykcji, Bankruptcy, Recognition and Enforcement of Judgments, Arbitration Awards and Authentic, signed in Brussels on 24 November 1961 r., the, as in force,
Article 70
1. Conventions and Agreements referred to in Article. 69 remain in force in respect of matters, which does not apply in this Regulation.
2. They shall continue in force in respect of judgments given and documents formally drawn up or before the entry into force of this Regulation.
Article 71
1. This Regulation shall not affect any conventions, which Member States are parties and which in relation to particular matters, govern jurisdiction, recognition or enforcement of judgments.
2. To ensure uniform interpretation, paragraph. 1 shall be applied as follows:
a) This Regulation does not exclude the, that the court of a Member State, which is a party convention on a particular matter, assuming jurisdiction in the Convention, and is also the, if the defendant is domiciled in a Member State, which is not a party to that convention. In any case, the court is to apply Article. 26 this Regulation;
b) judgment given in a Member State by a court, which based its jurisdiction on the convention on a particular matter, be recognized and enforced in other Member States in accordance with this Regulation.
If a Member State of origin and the Member States are parties to the convention on a particular matter, which regulates the conditions for the recognition and enforcement of judgments, those conditions shall apply. In any case, can be used in this Regulation for the procedure for recognition and enforcement of judgments.
Article 72
This Regulation shall not affect agreements, under which Member States before the entry into force of this Regulation committed in accordance with Article. 59 Brussels Convention, not to recognize judgments of courts of the State party to that Convention, against defendants domiciled or habitually resident in a third country, If in cases provided for in Article. 4 said Convention may be issued only on the basis of jurisdiction provided for in Article. 3 paragraph. 2 the said Convention.
CHAPTER VIII
FINAL PROVISIONS
Article 73
The Commission shall submit to the European Parliament, Council and the Economic and Social Committee not later than five years after entry into force of this report on the application. If necessary, the Commission may attach to this report proposals for adaptations of this Regulation.
Article 74
1. Member States shall notify to the Commission, on the basis of which changed the lists contained in Annexes I-IV. Commission shall adjust the various attachments.
2. Updates and technical adaptations of the forms in Annexes V and VI will be undertaken in accordance with the advisory procedure referred to in Article. 75 paragraph. 2.
Article 75
1. The Commission will be assisted by.
2. Where reference is made to this paragraph, Articles. 3 i 7 Decision 1999/468/EC.
3. The Committee shall adopt its Rules of Procedure.
Article 76
This Regulation shall enter into force on 1 mark 2002 r.
This Regulation shall be binding in its entirety and directly applicable in Member States, accordance with the Treaty establishing the European Community.
Done at Brussels, on 22 December 2000 r.
For the Council
C. Pierret
Chairman
[1] Dz.U. C 376 of 28.12.1999, st. 1.
[2] Opinion delivered on 21 September 2000 r. (published in the Official Journal).
[3] Dz.U. C 117 of 26.4.2000, st. 6.
[4] Dz.U. The 299 of 31.12.1972, st. 32.Dz.U. The 304 of 30.10.1978, st. 1.Dz.U. The 388 of 31.12.1982, st. 1.Dz.U. The 285 of 3.10.1989, st. 1.Dz.U. C 15 of 15.1.1997, st. 1.See consolidated text in OJ. C 27 of 26.1.1998, st. 1.
[5] Dz.U. The 204 of 2.8.1975, st. 28.Dz.U. The 304 of 30.10.1978, st. 1.Dz.U. The 388 of 31.12.1982, st. 1.Dz.U. The 285 of 3.10.1989, st. 1.Dz.U. C 15 of 15.1.1997, st. 1.See consolidated text in OJ. C 27 of 26.1.1998, st. 28.
[6] Dz.U. The 184 of 17.7.1999, st. 23.
[7] Dz.U. The 228 of 16.8.1973, st. 3. Directive as last amended by Directive 2000/26/EC of the European Parliament and Council (Dz.U. The 181 of 20.7.2000, st. 65).
[8] Dz.U. The 172 of 4.7.1988, st. 1. Directive as last amended by Directive 2000/26/EC.
[9] Dz.U. The 330 of 29.11.1990, st. 44.
[10] Dz.U. The 160 of 30.6.2000, st. 37.
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ANNEX I
The rules of jurisdiction laid down in Articles. 3 paragraph. 2 i art. 4 paragraph. 2
Rules of jurisdiction referred to in Article. 3 paragraph. 2 i art. 4 paragraph. 2 The following rules:
– in Belgium: art. 15 Civil Code (Civil Code / Civil Code) oraz Article. 638 Code of Civil Procedure (Code judiciaire / Judicial Code);
– in Germany: art. 23 Code of Civil Procedure (Code of Civil Procedure);
– in Greece: art. 40 Code of Civil Procedure (Polar Code of Procedure);
– in France: art. 14 i 15 Civil Code (Code civil);
– in Ireland: rules which enable jurisdiction by virtue of service on the defendant of the document instituting the proceedings during his temporary presence in Ireland;
– in Italy: art. 3 i 4 Law 218 of 31 May 1995 r.;
– in Luxembourg: art. 14 i 15 Civil Code (Code civil);
– in the Netherlands: art. 126 paragraph. 3 i art. 127 Code of Civil Procedure (Code of Civil Procedure);
– in Austria: art. 99 Court Jurisdiction Act (Jurisdiktionsnorm);
– in Portugal: art. 65 and 65A of the Code of Civil Procedure (Code of Civil Procedure) oraz Article. 11 Labor Code (Working Procedure Code);
– in Finland: section 10 section 1 paragraph. 1 The second sentence, third and fourth Code of Judicial (Judicial Procedure / Code of Judicial);
– in Sweden: section 10 art. 3 paragraph. 1 the first sentence of the Code of Judicial (Code of Judicial);
– in the UK: rules governing the jurisdiction under:
a) served on the defendant of the document instituting the proceedings during his temporary presence in the UK;
b) the existence of defendant's property in the UK; or
c) seizure by the plaintiff of property in the UK.
————————————————–
ANNEX II
Requests pursuant to Article. 39 be submitted to the following courts or other competent authorities:
– in Belgium -
or
,”
or
,”
– in Germany - the presiding judge of the Chamber
,
– in Greece -
,
– in Spain -
,
– in France - the presiding judge
,
– in Ireland - “High Court”,
– in Italy -
,
– Luxembourg - the presiding judge
,
– ,in the Netherlands - the presiding judge
,
– in Austria -
,
– in Portugal -
,
– in Finland -
,
– in Sweden -
,
– in the UK:
a) I w Anglii Walii - “High Court of Justice” or, in the case of a maintenance, “Magistrates’ Court” through “Secretary of State”
b) in Scotland - “Court of Session” or, in the case of a maintenance, “Sheriff Court” through “Secretary of State”;
c) in Northern Ireland - “High Court of Justice” or, in the case of a maintenance, “Magistrates Court” through “Secretary of State”
d) in Gibraltar “Supreme Court of Gibraltar” or, in the case of a maintenance, do “Magistrates Court” through “Attorney General of Gibraltar.”
————————————————–
ANNEX III
The legal proceedings according to Article. 43 paragraph. 2 shall be submitted to the following courts of Member States:
– in Belgium:
a) for appeal by the defendant “trial court” or “Court of First Instance”, or “District Court”,
b) for appeal by the applicant - “Court of appeal” or “Court of Appeal”,
– in the Federal Republic of Germany - “Court of Appeal”,
– in Greece - “Court of Appeal”,
– in Spain - “Provincial Court”,
– in France - “court of appeal”,
– in Ireland - “High Court”,
– in Italy - “Court of Appeal”,
– in Luxembourg - “Superior Court of Justice” as an appeal in civil cases,
– in the Netherlands:
a) for the defendant - “district court”,
b) for the applicant - “court”,
– in Austria - “District court”,
– in Portugal - “Court of Appeal”,
– in Finland - “hovioikeus/hovrätt”,
– in Sweden - “Svea Court of Appeal”,
– in the UK:
a) I w Anglii Walii - “High Court of Justice” or, in the case of a maintenance, “Magistrates Court”;
b) in Scotland - “Court of Session” or, in the case of a maintenance, “Sheriff Court”;
c) in Northern Ireland - “High Court of Justice” or, in the case of a maintenance, “Magistrates Court”;
d) in Gibraltar - “Supreme Court of Gibraltar” or, in the case of a maintenance, “Magistrates Court”
————————————————–
ANNEX IV
In accordance with Article. 44 may be instituted following remedies:
– in Belgium, Greece, Spain, France, Italy, Luksemburgu i w Niderlandach - skarga kasacyjna,
– in Germany - “Appeal”,
– in Ireland - an appeal on a point of law to “Supreme Court”;
– in Austria - “Revisionsrekurs”,
– in Portugal - an appeal on points of law,
– in Finland - an appeal to the “Supreme Court / The latter took the”,
– in Sweden - an appeal to the “The Supreme Court”,
– in the UK - only an appeal on points of law.
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ANNEX V
Certificate in accordance with Article. 54 i 58 Regulation on judgments and court settlements
(Polish, Polish, Polish, Polish, … )
1. Member State of origin
2. The court or other competent authority, has issued this certificate
2.1 Name
2.2 Address
2.3 Tel. / Fax / e-mail
3. Court, who delivered the judgment / which approved the court settlement [1]
3.1 The court
3.2 Of court
4. The judgment / court settlement [2]
4.1 Data
4.2 File reference
4.3 Parties to the judgment / court settlement [3]
4.3.1 Name(-a) plaintiff(-that)
4.3.2 Name(-a) defendant(-s)
4.3.3 Alternatively, the name(-a) other(-s) the(-)
4.4 Date of service of the document instituting the proceedings, if the decision was issued in the proceedings, in which the defendant is not in default of appearance
4.5 Text of the judgment / court settlement [4] Attached to this certificate
5. Names of parties, have been granted legal aid
The judgment / court settlement [5] is feasible(-a) Member State of origin (art. 38 i 58 Regulation) against:
Name:
Done at ... , data …
Signature and / or stamp on business ...
[1] Delete as appropriate.
[2] Delete as appropriate.
[3] Delete as appropriate.
[4] Delete as appropriate.
[5] Delete as appropriate.
————————————————–
ANNEX VI
Certificate in accordance with Article. 57 paragraph. 4 Regulation on official documents
(Polish, Polish, Polish, Polish, …)
1. Member State of origin
2. The competent authority, has issued this certificate
2.1 Name
2.2 Address
2.3 Tel. / Fax / e-mail
3. The competent authority, that issued the authentic
3.1 Organ, who participated in the drafting of the instrument (if applicable)
3.1.1 Name and designation of authority
3.1.2 Head body
3.2 Organ, which registered an official document (if applicable)
3.2.1 Type of authority
3.2.2 Head body
4. The authentic
4.1 Designation of the document
4.2 Data
4.2.1 preparation of the document
4.2.2 if different: registration document
4.3 File reference
4.4 Parties to the instrument
4.4.1 Name of creditor
4.4.2 The name of the debtor
5. Text of the enforceable obligations attached to this certificate
The authentic instrument is enforceable in the Member State of origin against the debtor (art. 57 paragraph. 1 Regulation)
Done at ..., data …
Signature and / or stamp on business ...
