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20.12.2012 Official
Journal
of
the
European
Union
L
351/1
I
(Legislative acts)
REGULATIONS
REGULATION (EU) No 1215/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 12 December 2012
on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
(recast)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
to justice. Since a number of amendments are to be
EUROPEAN UNION,
made to that Regulation it should, in the interests of
clarity, be recast.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 67(4) and points (a), (c) and (e)
(2) At
its
meeting
in
Brussels
on
10
and
11
December
2009,
of Article 81(2) thereof,
the European Council adopted a new multiannual
programme entitled ‘The Stockholm Programme – an
open and secure Europe serving and protecting
citizens’ ( 4 ). In the Stockholm Programme the European
Having regard to the proposal from the European Commission,
Council considered that the process of abolishing all
intermediate measures (the exequatur) should be
continued during the period covered by that Programme.
At the same time the abolition of the exequatur should
After transmission of the draft legislative act to the national
also be accompanied by a series of safeguards.
parliaments,
(3) The
Union
has
set
itself
the
objective
of
maintaining
and
Having regard to the opinion of the European Economic and
developing an area of freedom, security and justice, inter
Social Committee ( 1 ),
alia, by facilitating access to justice, in particular through
the principle of mutual recognition of judicial and extra-
judicial decisions in civil matters. For the gradual estab
lishment of such an area, the Union is to adopt measures
Acting in accordance with the ordinary legislative procedure ( 2 ),
relating to judicial cooperation in civil matters having
cross-border implications, particularly when necessary
for the proper functioning of the internal market.
Whereas:
(4) Certain
differences
between
national
rules
governing
jurisdiction and recognition of judgments hamper the
(1) On
21
April
2009,
the
Commission
adopted
a
report
on
sound operation of the internal market. Provisions to
the application of Council Regulation (EC) No 44/2001
unify the rules of conflict of jurisdiction in civil and
of 22 December 2000 on jurisdiction and the recog
commercial matters, and to ensure rapid and simple
nition and enforcement of judgments in civil and
recognition and enforcement of judgments given in a
commercial matters ( 3 ). The report concluded that, in
Member State, are essential.
general, the operation of that Regulation is satisfactory,
but that it is desirable to improve the application of
certain of its provisions, to further facilitate the free
circulation of judgments and to further enhance access
(5) Such
provisions
fall
within
the
area
of
judicial
cooperation in civil matters within the meaning of
( 1 ) OJ C 218, 23.7.2011, p. 78.
Article 81 of the Treaty on the Functioning of the
( 2 ) Position of the European Parliament of 20 November 2012 (not yet
European Union (TFEU).
published in the Official Journal) and decision of the Council of
6 December 2012.
( 3 ) OJ L 12, 16.1.2001, p. 1.
( 4 ) OJ C 115, 4.5.2010, p. 1.

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Official Journal of the European Union
20.12.2012
(6) In
order
to
attain
the
objective
of
free
circulation
of
No 4/2009 of 18 December 2008 on jurisdiction,
judgments in civil and commercial matters, it is
applicable law, recognition and enforcement of
necessary and appropriate that the rules governing juris
decisions and cooperation in matters relating to main
diction and the recognition and enforcement of
tenance obligations ( 5 ).
judgments be governed by a legal instrument of the
Union which is binding and directly applicable.
(11) For
the
purposes
of
this
Regulation,
courts
or
tribunals
of
the Member States should include courts or tribunals
(7) On
27
September
1968,
the
then
Member
States
of
the
common to several Member States, such as the Benelux
European Communities, acting under Article 220, fourth
Court of Justice when it exercises jurisdiction on matters
indent, of the Treaty establishing the European Economic
falling within the scope of this Regulation. Therefore,
Community, concluded the Brussels Convention on Juris
judgments given by such courts should be recognised
diction and the Enforcement of Judgments in Civil and
and enforced in accordance with this Regulation.
Commercial Matters, subsequently amended by
conventions on the accession to that Convention of
new Member States ( 1 ) (‘the 1968 Brussels Convention’).
On 16 September 1988, the then Member States of the
(12) This
Regulation
should
not
apply
to
arbitration.
Nothing
European Communities and certain EFTA States
in this Regulation should prevent the courts of a Member
concluded the Lugano Convention on Jurisdiction and
State, when seised of an action in a matter in respect of
the Enforcement of Judgments in Civil and Commercial
which the parties have entered into an arbitration
Matters ( 2 ) (‘the 1988 Lugano Convention’), which is a
agreement, from referring the parties to arbitration,
parallel convention to the 1968 Brussels Convention.
from staying or dismissing the proceedings, or from
The 1988 Lugano Convention became applicable to
examining whether the arbitration agreement is null
Poland on 1 February 2000.
and void, inoperative or incapable of being performed,
in accordance with their national law.
(8) On
22
December
2000,
the
Council
adopted
Regulation
(EC) No 44/2001, which replaces the 1968 Brussels
A ruling given by a court of a Member State as to
Convention with regard to the territories of the
whether or not an arbitration agreement is null and
Member States covered by the TFEU, as between the
void, inoperative or incapable of being performed
Member States except Denmark. By Council Decision
should not be subject to the rules of recognition and
2006/325/EC (
enforcement laid down in this Regulation, regardless of

3 ), the Community concluded an
agreement with Denmark ensuring the application of
whether the court decided on this as a principal issue or
the provisions of Regulation (EC) No
44/2001 in
as an incidental question.
Denmark. The 1988 Lugano Convention was revised
by the Convention on Jurisdiction and the Recognition
and Enforcement of Judgments in Civil and Commercial
Matters (
On the other hand, where a court of a Member State,

4 ), signed at Lugano on 30 October 2007 by the
Community, Denmark, Iceland, Norway and Switzerland
exercising jurisdiction under this Regulation or under
(‘the 2007 Lugano Convention’).
national law, has determined that an arbitration
agreement is null and void, inoperative or incapable of
being performed, this should not preclude that court’s
judgment on the substance of the matter from being
recognised or, as the case may be, enforced in accordance
(9)
The 1968 Brussels Convention continues to apply to the
with this Regulation. This should be without prejudice to
territories of the Member States which fall within the
the competence of the courts of the Member States to
territorial scope of that Convention and which are
decide on the recognition and enforcement of arbitral
excluded from this Regulation pursuant to Article 355
awards in accordance with the Convention on the Recog
of the TFEU.
nition and Enforcement of Foreign Arbitral Awards, done
at New York on 10 June 1958 (‘the 1958 New York
Convention’), which takes precedence over this Regu
lation.
(10) The
scope
of
this
Regulation
should
cover
all
the
main
civil and commercial matters apart from certain well-
defined matters, in particular maintenance obligations,
which should be excluded from the scope of this Regu
This Regulation should not apply to any action or
lation following the adoption of Council Regulation (EC)
ancillary proceedings relating to, in particular, the estab
lishment of an arbitral tribunal, the powers of arbitrators,
( 1 ) OJ L 299, 31.12.1972, p. 32, OJ L 304, 30.10.1978, p. 1, OJ
the conduct of an arbitration procedure or any other
L 388, 31.12.1982, p. 1, OJ L 285, 3.10.1989, p. 1, OJ C 15,
aspects of such a procedure, nor to any action or
15.1.1997, p. 1. For a consolidated text, see OJ C 27, 26.1.1998,
judgment concerning the annulment, review, appeal,
p. 1.
recognition or enforcement of an arbitral award.
( 2 ) OJ L 319, 25.11.1988, p. 9.
( 3 ) OJ L 120, 5.5.2006, p. 22.
( 4 ) OJ L 147, 10.6.2009, p. 5.
( 5 ) OJ L 7, 10.1.2009, p. 1.

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20.12.2012 Official
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European
Union
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351/3
(13) There
must
be
a
connection
between
proceedings
to
(18) In relation to insurance, consumer and employment
which this Regulation applies and the territory of the
contracts, the weaker party should be protected by
Member States. Accordingly, common rules of juris
rules of jurisdiction more favourable to his interests
diction should, in principle, apply when the defendant
than the general rules.
is domiciled in a Member State.
(14) A
defendant
not
domiciled
in
a
Member
State
should
in
(19) The
autonomy
of
the
parties
to
a
contract,
other
than
an
general be subject to the national rules of jurisdiction
insurance, consumer or employment contract, where
applicable in the territory of the Member State of the
only limited autonomy to determine the courts having
court seised.
jurisdiction is allowed, should be respected subject to the
exclusive grounds of jurisdiction laid down in this Regu
lation.
However, in order to ensure the protection of consumers
and employees, to safeguard the jurisdiction of the courts
of the Member States in situations where they have
(20) Where
a
question
arises
as
to
whether
a
choice-of-court
exclusive jurisdiction and to respect the autonomy of
agreement in favour of a court or the courts of a
the parties, certain rules of jurisdiction in this Regulation
Member State is null and void as to its substantive
should apply regardless of the defendant’s domicile.
validity, that question should be decided in accordance
with the law of the Member State of the court or courts
designated in the agreement, including the conflict-of-
laws rules of that Member State.
(15) The
rules
of
jurisdiction
should
be
highly
predictable
and
founded on the principle that jurisdiction is generally
based on the defendant’s domicile. Jurisdiction should
always be available on this ground save in a few well-
defined situations in which the subject-matter of the
(21) In the interests of the harmonious administration of
dispute or the autonomy of the parties warrants a
justice it is necessary to minimise the possibility of
different connecting factor. The domicile of a legal
concurrent proceedings and to ensure that irreconcilable
person must be defined autonomously so as to make
judgments will not be given in different Member States.
the common rules more transparent and avoid conflicts
There should be a clear and effective mechanism for
of jurisdiction.
resolving cases of lis pendens and related actions, and
for obviating problems flowing from national differences
as to the determination of the time when a case is
regarded as pending. For the purposes of this Regulation,
that time should be defined autonomously.
(16) In
addition
to
the
defendant’s
domicile,
there
should
be
alternative grounds of jurisdiction based on a close
connection between the court and the action or in
order to facilitate the sound administration of justice.
The existence of a close connection should ensure legal
certainty and avoid the possibility of the defendant being
(22) However, in order to enhance the effectiveness of
sued in a court of a Member State which he could not
exclusive choice-of-court agreements and to avoid
reasonably have foreseen. This is important, particularly
abusive litigation tactics, it is necessary to provide for
in disputes concerning non-contractual obligations
an exception to the general lis pendens rule in order to
arising out of violations of privacy and rights relating
deal satisfactorily with a particular situation in which
to personality, including defamation.
concurrent proceedings may arise. This is the situation
where a court not designated in an exclusive choice-of-
court agreement has been seised of proceedings and the
designated court is seised subsequently of proceedings
involving the same cause of action and between the
(17) The
owner
of
a
cultural
object
as
defined
in
Article
1(1)
same parties. In such a case, the court first seised
of Council Directive 93/7/EEC of 15 March 1993 on the
should be required to stay its proceedings as soon as
return of cultural objects unlawfully removed from the
the designated court has been seised and until such
territory of a Member State ( 1 ) should be able under this
time as the latter court declares that it has no jurisdiction
Regulation to initiate proceedings as regards a civil claim
under the exclusive choice-of-court agreement. This is to
for the recovery, based on ownership, of such a cultural
ensure that, in such a situation, the designated court has
object in the courts for the place where the cultural
priority to decide on the validity of the agreement and
object is situated at the time the court is seised. Such
on the extent to which the agreement applies to the
proceedings should be without prejudice to proceedings
dispute pending before it. The designated court should
initiated under Directive 93/7/EEC.
be able to proceed irrespective of whether the non-
designated court has already decided on the stay of
( 1 ) OJ L 74, 27.3.1993, p. 74.
proceedings.

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This exception should not cover situations where the
the need for any special procedure. In addition, the aim
parties have entered into conflicting exclusive choice-of-
of making cross-border litigation less time-consuming
court agreements or where a court designated in an
and costly justifies the abolition of the declaration of
exclusive choice-of-court agreement has been seised
enforceability prior to enforcement in the Member
first. In such cases, the general lis pendens rule of this
State addressed. As a result, a judgment given by the
Regulation should apply.
courts of a Member State should be treated as if it had
been given in the Member State addressed.
(23) This
Regulation
should
provide
for
a
flexible
mechanism
allowing the courts of the Member States to take into
(27) For the purposes of the free circulation of judgments, a
account proceedings pending before the courts of third
judgment given in a Member State should be recognised
States, considering in particular whether a judgment of a
and enforced in another Member State even if it is given
third State will be capable of recognition and
against a person not domiciled in a Member State.
enforcement in the Member State concerned under the
law of that Member State and the proper administration
of justice.
(28) Where
a
judgment
contains
a
measure
or
order
which
is
not known in the law of the Member State addressed,
(24) When
taking
into
account
the
proper
administration
of
that measure or order, including any right indicated
justice, the court of the Member State concerned should
therein, should, to the extent possible, be adapted to
assess all the circumstances of the case before it. Such
one which, under the law of that Member State, has
circumstances may include connections between the facts
equivalent effects attached to it and pursues similar
of the case and the parties and the third State concerned,
aims. How, and by whom, the adaptation is to be
the stage to which the proceedings in the third State have
carried out should be determined by each Member State.
progressed by the time proceedings are initiated in the
court of the Member State and whether or not the court
of the third State can be expected to give a judgment
within a reasonable time.
(29) The
direct
enforcement
in
the
Member
State
addressed
of
a judgment given in another Member State without a
declaration of enforceability should not jeopardise
respect for the rights of the defence. Therefore, the
That assessment may also include consideration of the
person against whom enforcement is sought should be
question whether the court of the third State has
able to apply for refusal of the recognition or
exclusive jurisdiction in the particular case in circum
enforcement of a judgment if he considers one of the
stances where a court of a Member State would have
grounds for refusal of recognition to be present. This
exclusive jurisdiction.
should include the ground that he had not had the
opportunity to arrange for his defence where the
judgment was given in default of appearance in a civil
action linked to criminal proceedings. It should also
include the grounds which could be invoked on the
(25) The
notion
of
provisional,
including
protective,
measures
should include, for example, protective orders aimed at
basis of an agreement between the Member State
obtaining information or preserving evidence as referred
addressed and a third State concluded pursuant to
to in Articles 6 and 7 of Directive 2004/48/EC of the
Article 59 of the 1968 Brussels Convention.
European Parliament and of the Council of 29 April
2004 on the enforcement of intellectual property
rights ( 1 ). It should not include measures which are not
of a protective nature, such as measures ordering the
hearing of a witness. This should be without prejudice
(30) A
party
challenging
the
enforcement
of
a
judgment
given
to the application of Council Regulation (EC)
in another Member State should, to the extent possible
No 1206/2001 of 28 May 2001 on cooperation
and in accordance with the legal system of the Member
between the courts of the Member States in the taking
State addressed, be able to invoke, in the same procedure,
of evidence in civil or commercial matters (
in addition to the grounds for refusal provided for in this

2 ).
Regulation, the grounds for refusal available under
national law and within the time-limits laid down in
that law.
(26) Mutual trust in the administration of justice in the Union
justifies the principle that judgments given in a Member
State should be recognised in all Member States without
The recognition of a judgment should, however, be
( 1 ) OJ L 157, 30.4.2004, p. 45.
refused only if one or more of the grounds for refusal
( 2 ) OJ L 174, 27.6.2001, p. 1.
provided for in this Regulation are present.

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(31) Pending a challenge to the enforcement of a judgment, it
(37) In
order
to
ensure
that
the
certificates
to
be
used
in
should be possible for the courts in the Member State
connection with the recognition or enforcement of judg
addressed, during the entire proceedings relating to such
ments, authentic instruments and court settlements under
a challenge, including any appeal, to allow the
this Regulation are kept up-to-date, the power to adopt
enforcement to proceed subject to a limitation of the
acts in accordance with Article 290 of the TFEU should
enforcement or to the provision of security.
be delegated to the Commission in respect of
amendments to Annexes I and II to this Regulation. It
is of particular importance that the Commission carry
out appropriate consultations during its preparatory
work, including at expert level. The Commission, when
(32) In
order
to
inform
the
person
against
whom
enforcement
preparing and drawing up delegated acts, should ensure a
is sought of the enforcement of a judgment given in
simultaneous, timely and appropriate transmission of
another Member State, the certificate established under
relevant documents to the European Parliament and to
this Regulation, if necessary accompanied by the
the Council.
judgment, should be served on that person in reasonable
time before the first enforcement measure. In this
context, the first enforcement measure should mean the
first enforcement measure after such service.
(38) This
Regulation
respects
fundamental
rights
and
observes
the principles recognised in the Charter of Fundamental
Rights of the European Union, in particular the right to
an effective remedy and to a fair trial guaranteed in
(33) Where
provisional,
including
protective,
measures
are
Article 47 of the Charter.
ordered by a court having jurisdiction as to the
substance of the matter, their free circulation should be
ensured under this Regulation. However, provisional,
including protective, measures which were ordered by
such a court without the defendant being summoned
(39) Since
the
objective
of
this
Regulation
cannot
be
suffi
to appear should not be recognised and enforced under
ciently achieved by the Member States and can be
this Regulation unless the judgment containing the
better achieved at Union level, the Union may adopt
measure is served on the defendant prior to enforcement.
measures in accordance with the principle of subsidiarity
This should not preclude the recognition and
as set out in Article 5 of the Treaty on European Union
enforcement of such measures under national law.
(TEU). In accordance with the principle of propor
Where provisional, including protective, measures are
tionality, as set out in that Article, this Regulation does
ordered by a court of a Member State not having juris
not go beyond what is necessary in order to achieve that
diction as to the substance of the matter, the effect of
objective.
such measures should be confined, under this Regulation,
to the territory of that Member State.
(40) The
United
Kingdom
and
Ireland,
in
accordance
with
Article 3 of the Protocol on the position of the United
(34) Continuity
between
the
1968
Brussels
Convention,
Regu
Kingdom and Ireland, annexed to the TEU and to the
lation (EC) No 44/2001 and this Regulation should be
then Treaty establishing the European Community, took
ensured, and transitional provisions should be laid down
part in the adoption and application of Regulation (EC)
to that end. The same need for continuity applies as
No 44/2001. In accordance with Article 3 of Protocol
regards the interpretation by the Court of Justice of the
No 21 on the position of the United Kingdom and
European Union of the 1968 Brussels Convention and of
Ireland in respect of the area of freedom, security and
the Regulations replacing it.
justice, annexed to the TEU and to the TFEU, the United
Kingdom and Ireland have notified their wish to take part
in the adoption and application of this Regulation.
(35) Respect
for
international
commitments
entered
into
by
the Member States means that this Regulation should not
affect conventions relating to specific matters to which
(41) In accordance with Articles 1 and 2 of Protocol No 22
the Member States are parties.
on the position of Denmark annexed to the TEU and to

the TFEU, Denmark is not taking part in the adoption of
this Regulation and is not bound by it or subject to its
application, without prejudice to the possibility for
Denmark of applying the amendments to Regulation
(36) Without
prejudice
to
the
obligations
of
the
Member
(EC) No
44/2001 pursuant to Article 3 of the
States under the Treaties, this Regulation should not
Agreement of 19 October 2005 between the European
affect the application of bilateral conventions and
Community and the Kingdom of Denmark on juris
agreements between a third State and a Member State
diction and the recognition and enforcement of
concluded before the date of entry into force of Regu
judgments in civil and commercial matters ( 1 ),
lation (EC) No 44/2001 which concern matters governed
by this Regulation.
( 1 ) OJ L 299, 16.11.2005, p. 62.

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HAVE ADOPTED THIS REGULATION:
include a provisional, including protective, measure which is
ordered by such a court or tribunal without the defendant
being summoned to appear, unless the judgment containing
the measure is served on the defendant prior to
CHAPTER I
enforcement;
SCOPE AND DEFINITIONS
Article 1
(b) ‘court settlement’ means a settlement which has been
1. This
Regulation
shall
apply
in
civil
and
commercial
approved by a court of a Member State or concluded
matters whatever the nature of the court or tribunal. It shall
before a court of a Member State in the course of
not extend, in particular, to revenue, customs or administrative
proceedings;
matters or to the liability of the State for acts and omissions in
the exercise of State authority (acta iure imperii).
(c) ‘authentic instrument’ means a document which has been
formally drawn up or registered as an authentic instrument
2. This
Regulation
shall
not
apply
to:
in the Member State of origin and the authenticity of which:
(a) the status or legal capacity of natural persons, rights in
property arising out of a matrimonial relationship or out
(i) relates to the signature and the content of the
of a relationship deemed by the law applicable to such
instrument; and
relationship to have comparable effects to marriage;
(ii) has been established by a public authority or other
(b) bankruptcy, proceedings relating to the winding-up of
authority empowered for that purpose;
insolvent companies or other legal persons, judicial arrange
ments, compositions and analogous proceedings;
(d) ‘Member State of origin’ means the Member State in which,
as the case may be, the judgment has been given, the court
(c) social security;
settlement has been approved or concluded, or the authentic
instrument has been formally drawn up or registered;
(d) arbitration;
(e) ‘Member State addressed’ means the Member State in which
the recognition of the judgment is invoked or in which the
(e) maintenance obligations arising from a family relationship,
enforcement of the judgment, the court settlement or the
parentage, marriage or affinity;
authentic instrument is sought;
(f) wills and succession, including maintenance obligations
(f) ‘court of origin’ means the court which has given the
arising by reason of death.
judgment the recognition of which is invoked or the
enforcement of which is sought.
Article 2
For the purposes of this Regulation:
Article 3
For the purposes of this Regulation, ‘court’ includes the
following authorities to the extent that they have jurisdiction
(a) ‘judgment’ means any judgment given by a court or tribunal
in matters falling within the scope of this Regulation:
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.
(a) in Hungary, in summary proceedings concerning orders to
pay (fizetési meghagyásos eljárás), the notary (kzjegyz);
For the purposes of Chapter III, ‘judgment’ includes
provisional, including protective, measures ordered by a
(b) in Sweden, in summary proceedings concerning orders to
court or tribunal which by virtue of this Regulation has
pay (betalningsfrelggande) and assistance (handrckning),
jurisdiction as to the substance of the matter. It does not
the Enforcement Authority (Kronofogdemyndigheten).

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CHAPTER II
— in the case of the sale of goods, the place in a
Member State where, under the contract, the
JURISDICTION
goods were delivered or should have been delivered,
SECTION 1
General provisions
— in the case of the provision of services, the place in
a Member State where, under the contract, the
Article 4
services were provided or should have been
1. Subject
to
this
Regulation,
persons
domiciled
in
a
Member
provided;
State shall, whatever their nationality, be sued in the courts of
that Member State.
(c) if point (b) does not apply then point (a) applies;
2. Persons
who
are
not
nationals
of
the
Member
State
in
which they are domiciled shall be governed by the rules of
(2) in matters relating to tort, delict or quasi-delict, in the
jurisdiction applicable to nationals of that Member State.
courts for the place where the harmful event occurred or
may occur;
Article 5
(3) as regards a civil claim for damages or restitution which is
1. Persons
domiciled
in
a
Member
State
may
be
sued
in
the
based on an act giving rise to criminal proceedings, in the
courts of another Member State only by virtue of the rules set
court seised of those proceedings, to the extent that that
out in Sections 2 to 7 of this Chapter.
court has jurisdiction under its own law to entertain civil
proceedings;
2. In particular, the rules of national jurisdiction of which
the Member States are to notify the Commission pursuant to
(4) as regards a civil claim for the recovery, based on
point (a) of Article 76(1) shall not be applicable as against the
ownership, of a cultural object as defined in point 1 of
persons referred to in paragraph 1.
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
Article 6
when the court is seised;
1. If the defendant is not domiciled in a Member State, the
jurisdiction of the courts of each Member State shall, subject to
(5) as regards a dispute arising out of the operations of a
Article 18(1), Article 21(2) and Articles 24 and 25, be
branch, agency or other establishment, in the courts for
determined by the law of that Member State.
the place where the branch, agency or other establishment
is situated;
2. As
against
such
a
defendant,
any
person
domiciled
in
a
Member State may, whatever his nationality, avail himself in
(6) as regards a dispute brought against a settlor, trustee or
that Member State of the rules of jurisdiction there in force,
beneficiary of a trust created by the operation of a
and in particular those of which the Member States are to notify
statute, or by a written instrument, or created orally and
the Commission pursuant to point (a) of Article 76(1), in the
evidenced in writing, in the courts of the Member State in
same way as nationals of that Member State.
which the trust is domiciled;
SECTION 2
(7) as regards a dispute concerning the payment of remun
Special jurisdiction
eration claimed in respect of the salvage of a cargo or
freight, in the court under the authority of which the
Article 7
cargo or freight in question:
A person domiciled in a Member State may be sued in another
Member State:
(a) has been arrested to secure such payment; or
(1) (a) in matters relating to a contract, in the courts for the
(b) could have been so arrested, but bail or other security
place of performance of the obligation in question;
has been given;
(b) for the purpose of this provision and unless otherwise
provided that this provision shall apply only if it is claimed
agreed, the place of performance of the obligation in
that the defendant has an interest in the cargo or freight or
question shall be:
had such an interest at the time of salvage.

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L 351/8
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20.12.2012
Article 8
2. An
insurer
who
is
not
domiciled
in
a
Member
State
but
has a branch, agency or other establishment in one of the
A person domiciled in a Member State may also be sued:
Member States shall, in disputes arising out of the operations
of the branch, agency or establishment, be deemed to be
domiciled in that Member State.
(1) 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
Article 12
hear and determine them together to avoid the risk of
irreconcilable judgments resulting from separate In respect of liability insurance or insurance of immovable
proceedings;
property, the insurer may in addition be sued in the courts
for the place where the harmful event occurred. The same
applies if movable and immovable property are covered by
(2) as a third party in an action on a warranty or guarantee or
the same insurance policy and both are adversely affected by
in any other third-party proceedings, in the court seised of
the same contingency.
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;
Article 13
1. In
respect
of
liability
insurance,
the
insurer
may
also,
if
the
law of the court permits it, be joined in proceedings which the
(3) on a counter-claim arising from the same contract or facts
injured party has brought against the insured.
on which the original claim was based, in the court in
which the original claim is pending;
2. Articles 10, 11 and 12 shall apply to actions brought by
the injured party directly against the insurer, where such direct
(4) in matters relating to a contract, if the action may be
actions are permitted.
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
3. If
the
law
governing
such
direct
actions
provides
that
the
situated.
policyholder or the insured may be joined as a party to the
action, the same court shall have jurisdiction over them.
Article 9
Article 14
Where by virtue of this Regulation a court of a Member State
has jurisdiction in actions relating to liability from the use or
1. Without
prejudice
to
Article
13(3),
an
insurer
may
bring
operation of a ship, that court, or any other court substituted
proceedings only in the courts of the Member State in which
for this purpose by the internal law of that Member State, shall
the defendant is domiciled, irrespective of whether he is the
also have jurisdiction over claims for limitation of such liability.
policyholder, the insured or a beneficiary.
SECTION 3
2. The
provisions
of
this
Section
shall
not
affect
the
right
to
bring a counter-claim in the court in which, in accordance with
Jurisdiction in matters relating to insurance
this Section, the original claim is pending.
Article 10
In matters relating to insurance, jurisdiction shall be determined
Article 15
by this Section, without prejudice to Article 6 and point 5 of
The provisions of this Section may be departed from only by an
Article 7.
agreement:
Article 11
(1) which is entered into after the dispute has arisen;
1. An
insurer
domiciled
in
a
Member
State
may
be
sued:
(2) which allows the policyholder, the insured or a beneficiary
to bring proceedings in courts other than those indicated in
(a) in the courts of the Member State in which he is domiciled;
this Section;
(b) in another Member State, in the case of actions brought by
(3) which is concluded between a policyholder and an insurer,
the policyholder, the insured or a beneficiary, in the courts
both of whom are at the time of conclusion of the contract
for the place where the claimant is domiciled; or
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
(c) if he is a co-insurer, in the courts of a Member State in
to occur abroad, provided that such an agreement is not
which proceedings are brought against the leading insurer.
contrary to the law of that Member State;

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(4) which is concluded with a policyholder who is not
SECTION 4
domiciled in a Member State, except in so far as the
insurance is compulsory or relates to immovable property
Jurisdiction over consumer contracts
in a Member State; or
Article 17
1. In matters relating to a contract concluded by a person,
(5) which relates to a contract of insurance in so far as it covers
the consumer, for a purpose which can be regarded as being
one or more of the risks set out in Article 16.
outside his trade or profession, jurisdiction shall be determined
by this Section, without prejudice to Article 6 and point 5 of
Article 7, if:
Article 16
The following are the risks referred to in point 5 of Article 15:
(a) it is a contract for the sale of goods on instalment credit
terms;
(1) any loss of or damage to:
(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;
(a) seagoing ships, installations situated offshore or on the
or
high seas, or aircraft, arising from perils which relate to
their use for commercial purposes;
(c) in all other cases, the contract has been concluded with a
person who pursues commercial or professional activities in
(b) goods in transit other than passengers’ baggage where
the Member State of the consumer’s domicile or, by any
the transit consists of or includes carriage by such ships
means, directs such activities to that Member State or to
or aircraft;
several States including that Member State, and the contract
falls within the scope of such activities.
(2) any liability, other than for bodily injury to passengers or
loss of or damage to their baggage:
2. Where a consumer enters into a contract with a party
who is not domiciled in a Member State but has a branch,
agency or other establishment in one of the Member States,
(a) arising out of the use or operation of ships, installations
that party shall, in disputes arising out of the operations of
or aircraft as referred to in point 1(a) in so far as, in
the branch, agency or establishment, be deemed to be
respect of the latter, the law of the Member State in
domiciled in that Member State.
which such aircraft are registered does not prohibit
agreements on jurisdiction regarding insurance of such
risks;
3. This
Section
shall
not
apply
to
a
contract
of
transport
other than a contract which, for an inclusive price, provides
(b) for loss or damage caused by goods in transit as
for a combination of travel and accommodation.
described in point 1(b);
Article 18
(3) any financial loss connected with the use or operation of
ships, installations or aircraft as referred to in point 1(a), in
1. A
consumer
may
bring
proceedings
against
the
other
particular loss of freight or charter-hire;
party to a contract either in the courts of the Member State
in which that party is domiciled or, regardless of the domicile of
the other party, in the courts for the place where the consumer
is domiciled.
(4) any risk or interest connected with any of those referred to
in points 1 to 3;
2. Proceedings may be brought against a consumer by the
other party to the contract only in the courts of the Member
(5) notwithstanding points 1 to 4, all ‘large risks’ as defined in
State in which the consumer is domiciled.
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) ( 1 ).
3. This
Article
shall
not
affect
the
right
to
bring
a
counter-
claim in the court in which, in accordance with this Section, the
( 1 ) OJ L 335, 17.12.2009, p. 1.
original claim is pending.

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20.12.2012
Article 19
Article 22
The provisions of this Section may be departed from only by an
1. An
employer
may
bring
proceedings
only
in
the
courts
of
agreement:
the Member State in which the employee is domiciled.
(1) which is entered into after the dispute has arisen;
2. The
provisions
of
this
Section
shall
not
affect
the
right
to
bring a counter-claim in the court in which, in accordance with
(2) which allows the consumer to bring proceedings in courts
this Section, the original claim is pending.
other than those indicated in this Section; or
Article 23
(3) which is entered into by the consumer and the other party
to the contract, both of whom are at the time of conclusion
The provisions of this Section may be departed from only by an
of the contract domiciled or habitually resident in the same
agreement:
Member State, and which confers jurisdiction on the courts
of that Member State, provided that such an agreement is
not contrary to the law of that Member State.
(1) which is entered into after the dispute has arisen; or
SECTION 5
(2) which allows the employee to bring proceedings in courts
Jurisdiction over individual contracts of employment
other than those indicated in this Section.
Article 20
1. In
matters
relating
to
individual
contracts
of
employment,
SECTION 6
jurisdiction shall be determined by this Section, without
prejudice to Article 6, point 5 of Article 7 and, in the case
Exclusive jurisdiction
of proceedings brought against an employer, point 1 of
Article 8.
Article 24
The following courts of a Member State shall have exclusive
jurisdiction, regardless of the domicile of the parties:
2. Where
an
employee
enters
into
an
individual
contract
of
employment with an employer who is not domiciled in a
Member State but has a branch, agency or other establishment
in one of the Member States, the employer shall, in disputes
(1) in proceedings which have as their object rights in rem in
arising out of the operations of the branch, agency or estab
immovable property or tenancies of immovable property,
lishment, be deemed to be domiciled in that Member State.
the courts of the Member State in which the property is
situated.
Article 21
1. An
employer
domiciled
in
a
Member
State
may
be
sued:
However, in proceedings which have as their object
tenancies of immovable property concluded for temporary
private use for a maximum period of six consecutive
(a) in the courts of the Member State in which he is domiciled;
months, the courts of the Member State in which the
or
defendant is domiciled shall also have jurisdiction,
provided that the tenant is a natural person and that the
landlord and the tenant are domiciled in the same Member
(b) in another Member State:
State;
(i) in the courts for the place where or from where the
(2) in proceedings which have as their object the validity of the
employee habitually carries out his work or in the
constitution, the nullity or the dissolution of companies or
courts for the last place where he did so; 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,
(ii) if the employee does not or did not habitually carry out
legal person or association has its seat. In order to
his work in any one country, in the courts for the place
determine that seat, the court shall apply its rules of
where the business which engaged the employee is or
private international law;
was situated.
2. An
employer
not
domiciled
in
a
Member
State
may
be
(3) in proceedings which have as their object the validity of
sued in a court of a Member State in accordance with point (b)
entries in public registers, the courts of the Member State
of paragraph 1.
in which the register is kept;

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(4) in proceedings concerned with the registration or validity of
jurisdiction in any proceedings brought against a settlor, trustee
patents, trade marks, designs, or other similar rights
or beneficiary, if relations between those persons or their rights
required to be deposited or registered, irrespective of
or obligations under the trust are involved.
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 registration has been applied for, has taken
place or is under the terms of an instrument of the
4. Agreements
or
provisions
of
a
trust
instrument
conferring
Union or an international convention deemed to have
jurisdiction shall have no legal force if they are contrary to
taken place.
Articles 15, 19 or 23, or if the courts whose jurisdiction they
purport to exclude have exclusive jurisdiction by virtue of
Article 24.
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
5. An
agreement
conferring
jurisdiction
which
forms
part
of
proceedings concerned with the registration or validity of
a contract shall be treated as an agreement independent of the
any European patent granted for that Member State;
other terms of the contract.
(5) in proceedings concerned with the enforcement of judg
The validity of the agreement conferring jurisdiction cannot be
ments, the courts of the Member State in which the
contested solely on the ground that the contract is not valid.
judgment has been or is to be enforced.
SECTION 7
Article 26
Prorogation of jurisdiction
1. Apart from jurisdiction derived from other provisions of
this Regulation, a court of a Member State before which a
Article 25
defendant enters an appearance shall have jurisdiction. This
rule shall not apply where appearance was entered to contest
1. If
the
parties,
regardless
of
their
domicile,
have
agreed
that the jurisdiction, or where another court has exclusive juris
a court or the courts of a Member State are to have jurisdiction
diction by virtue of Article 24.
to settle any disputes which have arisen or which may arise in
connection with a particular legal relationship, that court or
those courts shall have jurisdiction, unless the agreement is
null and void as to its substantive validity under the law of
that Member State. Such jurisdiction shall be exclusive unless
2. In matters referred to in Sections 3, 4 or 5 where the
the parties have agreed otherwise. The agreement conferring
policyholder, the insured, a beneficiary of the insurance
jurisdiction shall be either:
contract, the injured party, the consumer or the employee is
the defendant, the court shall, before assuming jurisdiction
under paragraph 1, ensure that the defendant is informed of
his right to contest the jurisdiction of the court and of the
(a) in writing or evidenced in writing;
consequences of entering or not entering an appearance.
(b) in a form which accords with practices which the parties
have established between themselves; or
SECTION 8
Examination as to jurisdiction and admissibility
(c) in international trade or commerce, in a form which
Article 27
accords with a usage of which the parties are or ought to
Where a court of a Member State is seised of a claim which is
have been aware and which in such trade or commerce is
principally concerned with a matter over which the courts of
widely known to, and regularly observed by, parties to
another Member State have exclusive jurisdiction by virtue of
contracts of the type involved in the particular trade or
Article 24, it shall declare of its own motion that it has no
commerce concerned.
jurisdiction.
2. Any
communication
by
electronic
means
which
provides
a durable record of the agreement shall be equivalent to
Article 28
‘writing’.
1. Where
a
defendant
domiciled
in
one
Member
State
is
sued
in a court of another Member State and does not enter an
appearance, the court shall declare of its own motion that it
3. The
court
or
courts
of
a
Member
State
on
which
a has no jurisdiction unless its jurisdiction is derived from the
trust instrument has conferred jurisdiction shall have exclusive
provisions of this Regulation.

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L 351/12
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20.12.2012
2. The
court
shall
stay
the
proceedings
so
long
as
it
is
not one of the parties, decline jurisdiction if the court first seised
shown that the defendant has been able to receive the
has jurisdiction over the actions in question and its law permits
document instituting the proceedings or an equivalent
the consolidation thereof.
document in sufficient time to enable him to arrange for his
defence, or that all necessary steps have been taken to this end.
3. For
the
purposes
of
this
Article,
actions
are
deemed
to
be
related where they are so closely connected that it is expedient
3. Article 19 of Regulation (EC) No 1393/2007 of the
to hear and determine them together to avoid the risk of irrec
European Parliament and of the Council of 13 November
oncilable judgments resulting from separate proceedings.
2007 on the service in the Member States of judicial and extra
judicial documents in civil or commercial matters (service of
documents) ( 1 ) shall apply instead of paragraph 2 of this
Article if the document instituting the proceedings or an
Article 31
equivalent document had to be transmitted from one Member
1. Where
actions
come
within
the
exclusive
jurisdiction
of
State to another pursuant to that Regulation.
several courts, any court other than the court first seised shall
decline jurisdiction in favour of that court.
4. Where
Regulation
(EC)
No
1393/2007
is
not
applicable,
Article 15 of the Hague Convention of 15 November 1965 on
2. Without
prejudice
to
Article
26,
where
a
court
of
a
the Service Abroad of Judicial and Extrajudicial Documents in
Member State on which an agreement as referred to in
Civil or Commercial Matters shall apply if the document insti
Article 25 confers exclusive jurisdiction is seised, any court of
tuting the proceedings or an equivalent document had to be
another Member State shall stay the proceedings until such time
transmitted abroad pursuant to that Convention.
as the court seised on the basis of the agreement declares that it
has no jurisdiction under the agreement.
SECTION 9
3. Where the court designated in the agreement has estab
Lis pendens — related actions
lished jurisdiction in accordance with the agreement, any court
of another Member State shall decline jurisdiction in favour of
Article 29
that court.
1. Without
prejudice
to
Article
31(2),
where
proceedings
involving the same cause of action and between the same
parties are brought in the courts of different Member States,
4. Paragraphs 2 and 3 shall not apply to matters referred to
any court other than the court first seised shall of its own
in Sections 3, 4 or 5 where the policyholder, the insured, a
motion stay its proceedings until such time as the jurisdiction
beneficiary of the insurance contract, the injured party, the
of the court first seised is established.
consumer or the employee is the claimant and the agreement
is not valid under a provision contained within those Sections.
2. In
cases
referred
to
in
paragraph
1,
upon
request
by
a
court seised of the dispute, any other court seised shall without
Article 32
delay inform the former court of the date when it was seised in
accordance with Article 32.
1. For
the
purposes
of
this
Section,
a
court
shall
be
deemed
to be seised:
3. Where the jurisdiction of the court first seised is estab
(a) at the time when the document instituting the proceedings
lished, any court other than the court first seised shall decline
or an equivalent document is lodged with the court,
jurisdiction in favour of that 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
Article 30
1. Where
related
actions
are
pending
in
the
courts
of (b) if the document has to be served before being lodged with
different Member States, any court other than the court first
the court, at the time when it is received by the authority
seised may stay its proceedings.
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.
2. Where the action in the court first seised is pending at
first instance, any other court may also, on the application of
The authority responsible for service referred to in point (b)
( 1 ) OJ L 324, 10.12.2007, p. 79.
shall be the first authority receiving the documents to be served.

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2. The
court,
or
the
authority
responsible
for
service,
referred action which is related to the action in the court of the third
to in paragraph 1, shall note, respectively, the date of the
State, the court of the Member State may stay the proceedings
lodging of the document instituting the proceedings or the
if:
equivalent document, or the date of receipt of the documents
to be served.
(a) it is expedient to hear and determine the related actions
together to avoid the risk of irreconcilable judgments
Article 33
resulting from separate proceedings;
1. Where jurisdiction is based on Article 4 or on Articles 7,
8 or 9 and proceedings are pending before a court of a third
(b) it is expected that the court of the third State will give a
State at the time when a court in a Member State is seised of an
judgment capable of recognition and, where applicable, of
action involving the same cause of action and between the same
enforcement in that Member State; and
parties as the proceedings in the court of the third State, the
court of the Member State may stay the proceedings if:
(c) the court of the Member State is satisfied that a stay is
necessary for the proper administration of justice.
(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
2. The
court
of
the
Member
State
may
continue
the
proceedings at any time if:
(b) 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;
2. The
court
of
the
Member
State
may
continue
the
proceedings at any time if:
(b) the proceedings in the court of the third State are them
selves stayed or discontinued;
(a) the proceedings in the court of the third State are them
selves 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
(b) it appears to the court of the Member State that the
proceedings in the court of the third State are unlikely to
(d) the continuation of the proceedings is required for the
be concluded within a reasonable time; or
proper administration of justice.
(c) the continuation of the proceedings is required for the
3. The
court
of
the
Member
State
may
dismiss
the
proper administration of justice.
proceedings if the proceedings in the court of the third State
are concluded and have resulted in a judgment capable of
recognition and, where applicable, of enforcement in that
Member State.
3. The
court
of
the
Member
State
shall
dismiss
the
proceedings if the proceedings in the court of the third State
are concluded and have resulted in a judgment capable of
recognition and, where applicable, of enforcement in that
4. The
court
of
the
Member
State
shall
apply
this
Article
on
Member State.
the application of one of the parties or, where possible under
national law, of its own motion.
4. The
court
of
the
Member
State
shall
apply
this
Article
on
SECTION 10
the application of one of the parties or, where possible under
national law, of its own motion.
Provisional, including protective, measures
Article 35
Article 34
Application may be made to the courts of a Member State for
such provisional, including protective, measures as may be
1. Where jurisdiction is based on Article 4 or on Articles 7,
available under the law of that Member State, even if the
8 or 9 and an action is pending before a court of a third State
courts of another Member State have jurisdiction as to the
at the time when a court in a Member State is seised of an
substance of the matter.

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CHAPTER III
SECTION 2
RECOGNITION AND ENFORCEMENT
Enforcement
SECTION 1
Article 39
Recognition
A judgment given in a Member State which is enforceable in
that Member State shall be enforceable in the other Member
Article 36
States without any declaration of enforceability being required.
1. A
judgment
given
in
a
Member
State
shall
be
recognised
in the other Member States without any special procedure being
required.
Article 40
An enforceable judgment shall carry with it by operation of law
2. Any interested party may, in accordance with the
the power to proceed to any protective measures which exist
procedure provided for in Subsection 2 of Section 3, apply
under the law of the Member State addressed.
for a decision that there are no grounds for refusal of recog
nition as referred to in Article 45.
Article 41
3. If the outcome of proceedings in a court of a Member
State depends on the determination of an incidental question of
1. Subject
to
the
provisions
of
this
Section,
the
procedure
for
refusal of recognition, that court shall have jurisdiction over that
the enforcement of judgments given in another Member State
question.
shall be governed by the law of the Member State addressed. A
judgment given in a Member State which is enforceable in the
Member State addressed shall be enforced there under the same
conditions as a judgment given in the Member State addressed.
Article 37
1. A
party
who
wishes
to
invoke
in
a
Member
State
a
judgment given in another Member State shall produce:
2. Notwithstanding
paragraph
1,
the
grounds
for
refusal
or
of suspension of enforcement under the law of the Member
(a) a copy of the judgment which satisfies the conditions
State addressed shall apply in so far as they are not incom
necessary to establish its authenticity; and
patible with the grounds referred to in Article 45.
(b) the certificate issued pursuant to Article 53.
3. The
party
seeking
the
enforcement
of
a
judgment
given
in
another Member State shall not be required to have a postal
address in the Member State addressed. Nor shall that party be
2. The
court
or
authority
before
which
a
judgment
given
in required to have an authorised representative in the Member
another Member State is invoked may, where necessary, require
State addressed unless such a representative is mandatory irre
the party invoking it to provide, in accordance with Article 57,
spective of the nationality or the domicile of the parties.
a translation or a transliteration of the contents of the certificate
referred to in point (b) of paragraph 1. The court or authority
may require the party to provide a translation of the judgment
instead of a translation of the contents of the certificate if it is
unable to proceed without such a translation.
Article 42
1. For
the
purposes
of
enforcement
in
a
Member
State
of
a
judgment given in another Member State, the applicant shall
Article 38
provide the competent enforcement authority with:
The court or authority before which a judgment given in
another Member State is invoked may suspend the proceedings,
in whole or in part, if:
(a) a copy of the judgment which satisfies the conditions
necessary to establish its authenticity; and
(a) the judgment is challenged in the Member State of origin; or
(b) the certificate issued pursuant to Article 53, certifying that
(b) an application has been submitted for a decision that there
the judgment is enforceable and containing an extract of the
are no grounds for refusal of recognition as referred to in
judgment as well as, where appropriate, relevant
Article 45 or for a decision that the recognition is to be
information on the recoverable costs of the proceedings
refused on the basis of one of those grounds.
and the calculation of interest.

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2. For the purposes of enforcement in a Member State of a
This paragraph shall not apply if the judgment has already been
judgment given in another Member State ordering a provisional,
served on the person against whom enforcement is sought in
including a protective, measure, the applicant shall provide the
one of the languages referred to in the first subparagraph or is
competent enforcement authority with:
accompanied by a translation into one of those languages.
(a) a copy of the judgment which satisfies the conditions
necessary to establish its authenticity;
3. This
Article
shall
not
apply
to
the
enforcement
of
a
protective measure in a judgment or where the person
seeking enforcement proceeds to protective measures in
(b) the certificate issued pursuant to Article 53, containing a
accordance with Article 40.
description of the measure and certifying that:
Article 44
(i) the court has jurisdiction as to the substance of the
matter;
1. In
the
event
of
an
application
for
refusal
of
enforcement
of a judgment pursuant to Subsection 2 of Section 3, the court
in the Member State addressed may, on the application of the
(ii) the judgment is enforceable in the Member State of
person against whom enforcement is sought:
origin; and
(c) where the measure was ordered without the defendant being
(a) limit the enforcement proceedings to protective measures;
summoned to appear, proof of service of the judgment.
(b) make enforcement conditional on the provision of such
3. The competent enforcement authority may, where
security as it shall determine; or
necessary, require the applicant to provide, in accordance with
Article 57, a translation or a transliteration of the contents of
the certificate.
(c) suspend, either wholly or in part, the enforcement
proceedings.
4. The
competent
enforcement
authority
may
require
the
applicant to provide a translation of the judgment only if it is
unable to proceed without such a translation.
2. The
competent
authority
in
the
Member
State
addressed
shall, on the application of the person against whom
Article 43
enforcement is sought, suspend the enforcement proceedings
where the enforceability of the judgment is suspended in the
1. Where enforcement is sought of a judgment given in
Member State of origin.
another Member State, the certificate issued pursuant to
Article 53 shall be served on the person against whom the
enforcement is sought prior to the first enforcement measure.
The certificate shall be accompanied by the judgment, if not
SECTION 3
already served on that person.
Refusal of recognition and enforcement
S u b s e c t i o n 1
2. Where
the
person
against
whom
enforcement
is
sought
is
domiciled in a Member State other than the Member State of
R e f u s a l o f r e c o g n i t i o n
origin, he may request a translation of the judgment in order to
contest the enforcement if the judgment is not written in or
Article 45
accompanied by a translation into either of the following
languages:
1. On the application of any interested party, the recognition
of a judgment shall be refused:
(a) a language which he understands; or
(a) if such recognition is manifestly contrary to public policy
(ordre public) in the Member State addressed;
(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) 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
Where a translation of the judgment is requested under the first
in sufficient time and in such a way as to enable him to
subparagraph, no measures of enforcement may be taken other
arrange for his defence, unless the defendant failed to
than protective measures until that translation has been
commence proceedings to challenge the judgment when it
provided to the person against whom enforcement is sought.
was possible for him to do so;

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Official Journal of the European Union
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(c) if the judgment is irreconcilable with a judgment given
3. The
applicant
shall
provide
the
court
with
a
copy
of
the
between the same parties in the Member State addressed;
judgment and, where necessary, a translation or transliteration
of it.
(d) if the judgment is irreconcilable with an earlier judgment
given in another Member State or in a third State involving
The court may dispense with the production of the documents
the same cause of action and between the same parties,
referred to in the first subparagraph if it already possesses them
provided that the earlier judgment fulfils the conditions
or if it considers it unreasonable to require the applicant to
necessary for its recognition in the Member State addressed;
provide them. In the latter case, the court may require the
or
other party to provide those documents.
(e) if the judgment conflicts with:
4. The
party
seeking
the
refusal
of
enforcement
of
a
judgment given in another Member State shall not be
required to have a postal address in the Member State
(i) Sections 3, 4 or 5 of Chapter II where the policyholder,
addressed. Nor shall that party be required to have an auth
the insured, a beneficiary of the insurance contract, the
orised representative in the Member State addressed unless such
injured party, the consumer or the employee was the
a representative is mandatory irrespective of the nationality or
defendant; or
the domicile of the parties.
(ii) Section 6 of Chapter II.
Article 48
The court shall decide on the application for refusal of
2. In its examination of the grounds of jurisdiction referred
enforcement without delay.
to in point (e) of paragraph 1, the court to which the appli
cation was submitted shall be bound by the findings of fact on
which the court of origin based its jurisdiction.
Article 49
1. The
decision
on
the
application
for
refusal
of
enforcement
3. Without
prejudice
to
point
(e)
of
paragraph
1,
the
juris
may be appealed against by either party.
diction of the court of origin may not be reviewed. The test of
public policy referred to in point (a) of paragraph 1 may not be
applied to the rules relating to jurisdiction.
2. The appeal is to be lodged with the court which the
Member State concerned has communicated to the Commission
pursuant to point (b) of Article 75 as the court with which such
4. The
application
for
refusal
of
recognition
shall
be
made
in an appeal is to be lodged.
accordance with the procedures provided for in Subsection 2
and, where appropriate, Section 4.
Article 50
S u b s e c t i o n 2
The decision given on the appeal may only be contested by an
appeal where the courts with which any further appeal is to be
R e f u s a l o f e n f o r c e m e n t
lodged have been communicated by the Member State
concerned to the Commission pursuant to point (c) of
Article 46
Article 75.
On the application of the person against whom enforcement is
sought, the enforcement of a judgment shall be refused where
one of the grounds referred to in Article 45 is found to exist.
Article 51
1. The
court
to
which
an
application
for
refusal
of
enforcement is submitted or the court which hears an appeal
Article 47
lodged under Article 49 or Article 50 may stay the proceedings
1. The
application
for
refusal
of
enforcement
shall
be if an ordinary appeal has been lodged against the judgment in
submitted to the court which the Member State concerned
the Member State of origin or if the time for such an appeal has
has communicated to the Commission pursuant to point (a)
not yet expired. In the latter case, the court may specify the
of Article 75 as the court to which the application is to be
time within which such an appeal is to be lodged.
submitted.
2. Where
the
judgment
was
given
in
Ireland,
Cyprus
or
the
2. The
procedure
for
refusal
of
enforcement
shall,
in
so
far
as United Kingdom, any form of appeal available in the Member
it is not covered by this Regulation, be governed by the law of
State of origin shall be treated as an ordinary appeal for the
the Member State addressed.
purposes of paragraph 1.

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SECTION 4
2. For the purposes of the forms referred to in Articles 53
and 60, translations or transliterations may also be into any
Common provisions
other official language or languages of the institutions of the
Union that the Member State concerned has indicated it can
Article 52
accept.
Under no circumstances may a judgment given in a Member
State be reviewed as to its substance in the Member State
addressed.
3. Any
translation
made
under
this
Regulation
shall
be
done
by a person qualified to do translations in one of the Member
Article 53
States.
The court of origin shall, at the request of any interested party,
issue the certificate using the form set out in Annex I.
CHAPTER IV
AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS
Article 54
1.
If a judgment contains a measure or an order which is not
Article 58
known in the law of the Member State addressed, that measure
1. An
authentic
instrument
which
is
enforceable
in
the
or order shall, to the extent possible, be adapted to a measure
Member State of origin shall be enforceable in the other
or an order known in the law of that Member State which has
Member States without any declaration of enforceability being
equivalent effects attached to it and which pursues similar aims
required. Enforcement of the authentic instrument may be
and interests.
refused only if such enforcement is manifestly contrary to
public policy (ordre public) in the Member State addressed.
Such adaptation shall not result in effects going beyond those
provided for in the law of the Member State of origin.
The provisions of Section 2, Subsection 2 of Section 3, and
Section 4 of Chapter III shall apply as appropriate to authentic
2. Any party may challenge the adaptation of the measure or
instruments.
order before a court.
2. The
authentic
instrument
produced
must
satisfy
the
3. If necessary, the party invoking the judgment or seeking
conditions necessary to establish its authenticity in the
its enforcement may be required to provide a translation or a
Member State of origin.
transliteration of the judgment.
Article 55
Article 59
A judgment given in a Member State which orders a payment
A court settlement which is enforceable in the Member State of
by way of a penalty shall be enforceable in the Member State
origin shall be enforced in the other Member States under the
addressed only if the amount of the payment has been finally
same conditions as authentic instruments.
determined by the court of origin.
Article 56
Article 60
No security, bond or deposit, however described, shall be
The competent authority or court of the Member State of origin
required of a party who in one Member State applies for the
shall, at the request of any interested party, issue the certificate
enforcement of a judgment given in another Member State on
using the form set out in Annex II containing a summary of the
the ground that he is a foreign national or that he is not
enforceable obligation recorded in the authentic instrument or
domiciled or resident in the Member State addressed.
of the agreement between the parties recorded in the court
settlement.
Article 57
1. When a translation or a transliteration is required under
CHAPTER V
this Regulation, such translation or transliteration shall be into
GENERAL PROVISIONS
the official language of the Member State concerned or, where
there are several official languages in that Member State, into
Article 61
the official language or one of the official languages of court
proceedings of the place where a judgment given in another
No legalisation or other similar formality shall be required for
Member State is invoked or an application is made, in
documents issued in a Member State in the context of this
accordance with the law of that Member State.
Regulation.

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Article 62
other third-party proceedings may be resorted to in the Member
States included in the list established by the Commission
1. In
order
to
determine
whether
a
party
is
domiciled
in
the pursuant to point (b) of Article 76(1) and Article 76(2) only
Member State whose courts are seised of a matter, the court
in so far as permitted under national law. A person domiciled in
shall apply its internal law.
another Member State may be invited to join the proceedings
before the courts of those Member States pursuant to the rules
on third-party notice referred to in that list.
2. If a party is not domiciled in the Member State whose
courts are seised of the matter, then, in order to determine
whether the party is domiciled in another Member State, the
court shall apply the law of that Member State.
2.
Judgments given in a Member State by virtue of point 2 of
Article 8 or Article 13 shall be recognised and enforced in
accordance with Chapter III in any other Member State. Any
effects which judgments given in the Member States included in
Article 63
the list referred to in paragraph 1 may have, in accordance with
1. For
the
purposes
of
this
Regulation,
a
company
or
other the law of those Member States, on third parties by application
legal person or association of natural or legal persons is
of paragraph 1 shall be recognised in all Member States.
domiciled at the place where it has its:
3. The
Member
States
included
in
the
list
referred
to
in
(a) statutory seat;
paragraph 1 shall, within the framework of the European
Judicial Network in civil and commercial matters established
by Council Decision 2001/470/EC ( 1 ) (‘the European Judicial
Network’) provide information on how to determine, in
(b) central administration; or
accordance with their national law, the effects of the
judgments referred to in the second sentence of paragraph 2.
(c) principal place of business.
CHAPTER VI
2. For
the
purposes
of
Ireland,
Cyprus
and
the
United
TRANSITIONAL PROVISIONS
Kingdom, ‘statutory seat’ means the registered office or, where
there is no such office anywhere, the place of incorporation or,
Article 66
where there is no such place anywhere, the place under the law
1. This
Regulation
shall
apply
only
to
legal
proceedings
insti
of which the formation took place.
tuted, to authentic instruments formally drawn up or registered
and to court settlements approved or concluded on or after
10 January 2015.
3. In
order
to
determine
whether
a
trust
is
domiciled
in
the
Member State whose courts are seised of the matter, the court
shall apply its rules of private international law.
2. Notwithstanding
Article
80,
Regulation
(EC)
No
44/2001
shall continue to apply to judgments given in legal proceedings
instituted, to authentic instruments formally drawn up or
Article 64
registered and to court settlements approved or concluded
Without prejudice to any more favourable provisions of
before 10 January 2015 which fall within the scope of that
national laws, persons domiciled in a Member State who are
Regulation.
being prosecuted in the criminal courts of another Member
State of which they are not nationals for an offence which
was not intentionally committed may be defended by persons
qualified to do so, even if they do not appear in person.
CHAPTER VII
However, the court seised of the matter may order appearance
in person; in the case of failure to appear, a judgment given in
RELATIONSHIP WITH OTHER INSTRUMENTS
the civil action without the person concerned having had the
opportunity to arrange for his defence need not be recognised
Article 67
or enforced in the other Member States.
This Regulation shall not prejudice the application of provisions
governing jurisdiction and the recognition and enforcement of
judgments in specific matters which are contained in
instruments of the Union or in national legislation harmonised
Article 65
pursuant to such instruments.
1. The
jurisdiction
specified
in
point
2
of
Article
8
and
Article 13 in actions on a warranty or guarantee or in any
( 1 ) OJ L 174, 27.6.2001, p. 25.

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Article 68
particular matter shall be recognised and enforced in the
other Member States in accordance with this Regulation.
1. This
Regulation
shall,
as
between
the
Member
States,
supersede the 1968 Brussels Convention, except as regards
the territories of the Member States which fall within the terri
torial scope of that Convention and which are excluded from
this Regulation pursuant to Article 355 of the TFEU.
Where a convention on a particular matter to which both the
Member State of origin and the Member State addressed are
parties lays down conditions for the recognition or enforcement
of judgments, those conditions shall apply. In any event, the
2. In
so
far
as
this
Regulation
replaces
the
provisions
of
the provisions of this Regulation on recognition and enforcement
1968 Brussels Convention between the Member States, any
of judgments may be applied.
reference to that Convention shall be understood as a
reference to this Regulation.
Article 72
Article 69
This Regulation shall not affect agreements by which Member
States, prior to the entry into force of Regulation (EC)
Subject to Articles 70 and 71, this Regulation shall, as between
No 44/2001, undertook pursuant to Article 59 of the 1968
the Member States, supersede the conventions that cover the
Brussels Convention not to recognise judgments given, in
same matters as those to which this Regulation applies. In
particular in other Contracting States to that Convention,
particular, the conventions included in the list established by
against defendants domiciled or habitually resident in a third
the Commission pursuant to point (c) of Article 76(1) and
State where, in cases provided for in Article 4 of that
Article 76(2) shall be superseded.
Convention, the judgment could only be founded on a
ground of jurisdiction specified in the second paragraph of
Article 3 of that Convention.
Article 70
1. The
conventions
referred
to
in
Article
69
shall
continue
to
have effect in relation to matters to which this Regulation does
Article 73
not apply.
1. This
Regulation
shall
not
affect
the
application
of
the
2007 Lugano Convention.
2. They
shall
continue
to
have
effect
in
respect
of
judgments
given, authentic instruments formally drawn up or registered
and court settlements approved or concluded before the date
2. This
Regulation
shall
not
affect
the
application
of
the
of entry into force of Regulation (EC) No 44/2001.
1958 New York Convention.
Article 71
3. This
Regulation
shall
not
affect
the
application
of
bilateral
conventions and agreements between a third State and a
1. This
Regulation
shall
not
affect
any
conventions
to
which Member State concluded before the date of entry into force
the Member States are parties and which, in relation to
of Regulation (EC) No
44/2001 which concern matters
particular matters, govern jurisdiction or the recognition or
governed by this Regulation.
enforcement of judgments.
CHAPTER VIII
2. With
a
view
to
its
uniform
interpretation,
paragraph
1
shall be applied in the following manner:
FINAL PROVISIONS
Article 74
(a) this Regulation shall not prevent a court of a Member State
The Member States shall provide, within the framework of the
which is party to a convention on a particular matter from
European Judicial Network and with a view to making the
assuming jurisdiction in accordance with that convention,
information available to the public, a description of national
even where the defendant is domiciled in another Member
rules and procedures concerning enforcement, including auth
State which is not party to that convention. The court
orities competent for enforcement, and information on any
hearing the action shall, in any event, apply Article 28 of
limitations on enforcement, in particular debtor protection
this Regulation;
rules and limitation or prescription periods.
(b) judgments given in a Member State by a court in the
The Member States shall keep this information permanently
exercise of jurisdiction provided for in a convention on a
updated.

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Article 75
Article 77
By 10 January 2014, the Member States shall communicate to
The Commission shall be empowered to adopt delegated acts in
the Commission:
accordance with Article 78 concerning the amendment of
Annexes I and II.
(a) the courts to which the application for refusal of
enforcement is to be submitted pursuant to Article 47(1);
Article 78
1. The
power
to
adopt
delegated
acts
is
conferred
on
the
Commission subject to the conditions laid down in this Article.
(b) the courts with which an appeal against the decision on the
application for refusal of enforcement is to be lodged
pursuant to Article 49(2);
2.
The power to adopt delegated acts referred to in Article 77
shall be conferred on the Commission for an indeterminate
period of time from 9 January 2013.
(c) the courts with which any further appeal is to be lodged
pursuant to Article 50; and
3. The
delegation
of
power
referred
to
in
Article
77
may
be
revoked at any time by the European Parliament or by the
(d) the languages accepted for translations of the forms as
Council. A decision to revoke shall put an end to the delegation
referred to in Article 57(2).
of the power specified in that decision. It shall take effect the
day following the publication of the decision in the Official
Journal of the European Union or at a later date specified
The Commission shall make the information publicly available
therein. It shall not affect the validity of any delegated acts
through any appropriate means, in particular through the
already in force.
European Judicial Network.
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
Article 76
notify it simultaneously to the European Parliament and to the
Council.
1. The
Member
States
shall
notify
the
Commission
of:
(a) the rules of jurisdiction referred to in Articles 5(2) and 6(2);
5. A
delegated
act
adopted
pursuant
to
Article
77
shall
enter
into force only if no objection has been expressed either by the
European Parliament or the Council within a period of two
months of notification of that act to the European Parliament
(b) the rules on third-party notice referred to in Article 65; and
and the Council or if, before the expiry of that period, the
European Parliament and the Council have both informed the
Commission that they will not object. That period shall be
(c) the conventions referred to in Article 69.
extended by two months at the initiative of the European
Parliament or of the Council.
2. The Commission shall, on the basis of the notifications by
the Member States referred to in paragraph 1, establish the
Article 79
corresponding lists.
By 11 January 2022 the Commission shall present a report to
the European Parliament, to the Council and to the European
Economic and Social Committee on the application of this
3. The
Member
States
shall
notify
the
Commission
of
any Regulation. That report shall include an evaluation of the
subsequent amendments required to be made to those lists. The
possible need for a further extension of the rules on jurisdiction
Commission shall amend those lists accordingly.
to defendants not domiciled in a Member State, taking into
account the operation of this Regulation and possible devel
opments at international level. Where appropriate, the report
shall be accompanied by a proposal for amendment of this
4. The Commission shall publish the lists and any Regulation.
subsequent amendments made to them in the Official Journal
of the European Union.
Article 80
5. The
Commission
shall
make
all
information
notified This Regulation shall repeal Regulation (EC) No 44/2001.
pursuant to paragraphs 1 and 3 publicly available through
References to the repealed Regulation shall be construed as
any other appropriate means, in particular through the
references to this Regulation and shall be read in accordance
European Judicial Network.
with the correlation table set out in Annex III.

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Article 81
This Regulation shall enter into force on the twentieth day following that of its publication in the Official
Journal of the European Union.
It shall apply from 10 January 2015, with the exception of Articles 75 and 76, which shall apply from
10 January 2014.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Strasbourg, 12 December 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
A. D. MAVROYIANNIS

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ANNEX I

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ANNEX II

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ANNEX III
CORRELATION TABLE
Regulation (EC) No 44/2001 This
Regulation
Article 1(1) Article
1(1)
Article 1(2), introductory words Article
1(2),
introductory
words
Article 1(2) point (a) Article
1(2),
points
(a)
and
(f)
Article 1(2), points (b) to (d) Article
1(2),
points
(b)
to
(d)
— Article
1(2),
point
(e)
Article 1(3)
—
— Article
2
Article 2 Article
4
Article 3 Article
5
Article 4 Article
6
Article 5, introductory words Article
7,
introductory
words
Article 5, point (1) Article
7,
point
(1)
Article 5, point (2)
—
Article 5, points (3) and (4)
Article 7, points (2) and (3)
— Article
7,
point
(4)
Article 5, points (5) to (7) Article
7,
points
(5)
to
(7)
Article 6 Article
8
Article 7 Article
9
Article 8 Article
10
Article 9 Article
11
Article 10 Article
12
Article 11 Article
13
Article 12 Article
14
Article 13 Article
15
Article 14 Article
16
Article 15 Article
17
Article 16 Article
18
Article 17 Article
19
Article 18 Article
20
Article 19, points (1) and (2) Article
21(1)
— Article
21(2)
Article 20 Article
22
Article 21 Article
23
Article 22 Article
24
Article 23(1) and (2) Article
25(1)
and
(2)

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Regulation (EC) No 44/2001 This
Regulation
Article 23(3)
—
Article 23(4) and (5) Article
25(3)
and
(4)
— Article
25(5)
Article 24 Article
26(1)
— Article
26(2)
Article 25 Article
27
Article 26 Article
28
Article 27(1) Article
29(1)
— Article
29(2)
Article 27(2) Article
29(3)
Article 28 Article
30
Article 29 Article
31(1)
— Article
31(2)
— Article
31(3)
— Article
31(4)
Article 30 Article
32(1),
points
(a)
and
(b)
— Article
32(1),
second
subparagraph
— Article
32(2)
— Article
33
— Article
34
Article 31 Article
35
Article 32 Article
2,
point
(a)
Article 33 Article
36
— Article
37
— Article
39
— Article
40
— Article
41
— Article
42
— Article
43
— Article
44
Article 34 Article
45(1),
points
(a)
to
(d)
Article 35(1) Article
45(1),
point
(e)
Article 35(2) Article
45(2)
Article 35(3) Article
45(3)
— Article
45(4)
Article 36 Article
52
Article 37(1) Article
38,
point
(a)
Article 38
—

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Regulation (EC) No 44/2001 This
Regulation
Article 39
—
Article 40
—
Article 41
—
Article 42
—
Article 43
—
Article 44
—
Article 45
—
Article 46
—
Article 47
—
Article 48
—
— Article
46
— Article
47
— Article
48
— Article
49
— Article
50
— Article
51
— Article
54
Article 49 Article
55
Article 50
—
Article 51 Article
56
Article 52
—
Article 53
—
Article 54 Article
53
Article 55(1)
—
Article 55(2) Article
37(2),
Article
47(3)
and
Article
57
Article 56 Article
61
Article 57(1) Article
58(1)
Article 57(2)
—
Article 57(3) Article
58(2)
Article 57(4) Article
60
Article 58 Article
59
and
Article
60
Article 59 Article
62
Article 60 Article
63
Article 61 Article
64
Article 62 Article
3
Article 63
—
Article 64
—
Article 65 Article
65(1)
and
(2)

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L 351/32
EN
Official Journal of the European Union
20.12.2012
Regulation (EC) No 44/2001 This
Regulation
— Article
65(3)
Article 66 Article
66
Article 67 Article
67
Article 68 Article
68
Article 69 Article
69
Article 70 Article
70
Article 71 Article
71
Article 72 Article
72
— Article
73
Article 73 Article
79
Article 74(1) Article
75,
first
paragraph,
points
(a),
(b)
and
(c),
and
Article 76(1), point (a)
Article 74(2) Article
77
— Article
78
— Article
80
Article 75
—
Article 76 Article
81
Annex I Article
76(1),
point
(a)
Annex II Article
75,
point
(a)
Annex III Article
75,
point
(b)
Annex IV Article
75,
point
(c)
Annex V
Annex I and Annex II
Annex VI Annex
II
— Annex
III

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Document Outline

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