HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 323/18
EN
Official Journal of the European Union
22.11.2012
COMMISSION DECISION
of 21 November 2012
confirming the participation of Lithuania in enhanced cooperation in the area of the law applicable
to divorce and legal separation
(2012/714/EU)
THE EUROPEAN COMMISSION,
(6) The
Commission
should
adopt
transitional
measures
for
Lithuania necessary with regard to the application of
Regulation (EU) No 1259/2010.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Articles 328(1) and 331(1) thereof,
(7) Regulation
(EU)
No
1259/2010
should
enter
into
force
in Lithuania on the day following that of the publication
Having regard to Council Decision 2010/405/EU of 12 July
of this Decision in the Official Journal of the European
2010 authorising enhanced cooperation in the area of the law
Union,
applicable to divorce and legal separation ( 1 ),
HAS ADOPTED THIS DECISION:
Having regard to Council Regulation (EU) No 1259/2010 of
20 December 2010 implementing enhanced cooperation in
Article 1
the area of the law applicable to divorce and legal separation ( 2 ),
Participation of Lithuania in enhanced cooperation
Having regard to the notification by Lithuania of its intention to
1. The
participation
of
Lithuania
in
enhanced
cooperation
in
participate in enhanced cooperation in the area of the law
the area of the law applicable to divorce and legal separation
applicable to divorce and legal separation,
authorised by Decision 2010/405/EU is confirmed.
2. Regulation
(EU)
No
1259/2010
shall
apply
to
Lithuania
in
Whereas:
accordance with this Decision.
(1) On
12
July
2010,
the
Council
decided
to
authorise
Article 2
enhanced cooperation between Belgium, Bulgaria,
Germany, Spain, France, Italy, Latvia, Luxembourg,
Information to be provided by Lithuania
Hungary, Malta, Austria, Portugal, Romania and
By 22 August 2013 Lithuania shall communicate to the
Slovenia in the area of the law applicable to divorce
Commission its national provisions, if any, concerning:
and legal separation.
(a) the formal requirements applicable to agreements on the
(2) On
20
December
2010,
the
Council
adopted
Regulation
choice of applicable law pursuant to Article 7(2) to (4) of
(EU) No 1259/2010 implementing enhanced cooperation
Regulation (EU) No 1259/2010; and
in the area of the law applicable to divorce and legal
separation.
(b) the possibility of designating the applicable law in
accordance with Article 5(3) of Regulation (EU) No
(3) Lithuania
has
notified
its
intention
to
participate
in
1259/2010.
enhanced cooperation in the area of the law applicable
to divorce and legal separation by letter dated 25 May
Article 3
2012, which the Commission registered as received on
19 June 2012.
Transitional provisions for Lithuania
1. Regulation
(EU)
No
1259/2010
shall
apply
to
Lithuania
(4) The
Commission
notes
that
Decision
2010/405/EU
does only as regards legal proceedings instituted and to agreements
not prescribe any particular conditions of participation in
of the kind referred to in Article 5 of Regulation (EU) No
enhanced cooperation in the area of the law applicable to
1259/2010 concluded as from 22 May 2014.
divorce and legal separation and that Lithuania’s partici
pation should strengthen the benefits of this enhanced
However, effect shall also be given for Lithuania to an
cooperation.
agreement on the choice of the applicable law concluded
before 22 May 2014, provided that it complies with Articles
6 and 7 of Regulation (EU) No 1259/2010.
(5) The
participation
of
Lithuania
in
enhanced
cooperation
in the area of the law applicable to divorce and legal
separation should thus be confirmed.
2. Regulation
(EU)
No
1259/2010
shall
be
for
Lithuania
without prejudice to agreements on the choice of applicable
( 1 ) OJ L 189, 22.7.2010, p. 12.
law concluded in accordance with the law of a participating
( 2 ) OJ L 343, 29.12.2010, p. 10.
Member State whose court is seized before 22 May 2014.

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EN
22.11.2012 Official
Journal
of
the
European
Union L
323/19
Article 4
Entry into force and date of application of Regulation (EU) No 1259/2010 in Lithuania
Regulation (EU) No 1259/2010 shall enter into force in Lithuania on the day following that of the
publication of this Decision in the Official Journal of the European Union.
Regulation (EU) No 1259/2010 shall apply to Lithuania from 22 May 2014.
Article 5
Entry into force
This Decision shall enter into force on the day following that of its publication in the Official Journal of the
European Union.
Done at Brussels, 21 November 2012.
For the Commission
The President
José Manuel BARROSO

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