Gelex

Commission Regulation (EC) No 1804/2004 of 14 October 2004 amending the list of competent courts and redress procedures in Annexes I, II and III to Council Regulation (EC) No 1347/2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility of both spouses

In forceVersion 2004-10-14from 2004-10-26
Grade B

mapped from publisher markup. A grade says how a document's structure was obtained, not how reliable the law is.

Ask Gelex about this law

Address https://gelex.eu/eli/EU/regulation/2004/1804@2004-10-14/en

Contents
  1. Preamble
    1. Article 1
    2. Article 2

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses, and in particular Article 44(1) thereof,

Whereas:

(1) Regulation (EC) No 1347/2000 provides that any interested party may request that a judgment issued in one Member State shall be recognised and declared enforceable in another Member State.

(2) Annexes I, II and III to Regulation (EC) No 1347/2000 indicate which courts shall have jurisdiction in the Member States to deal with applications for a declaration of enforceability and with appeals against such decisions, and enumerate the redress procedures for such purpose.

(3) Annexes I, II and III were amended by the 2003 Act of Accession so as to include the list of competent courts and redress procedures of the acceding States.

(4) Latvia, Lithuania, Slovenia and Slovakia have notified the Commission, pursuant to Article 44(1) of Regulation (EC) No 1347/2000, of amendments to the lists of courts and redress procedures set out in Annexes I, II and III.

(5) Regulation (EC) No 1347/2000 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1347/2000 is amended as follows: (1) in Latvia, the rajona (pilsētas) tiesa,; (a) the indent relating to Latvia is replaced by the following: (1) in Slovenia, the okrožno sodišče,; (b) the indent relating to Slovenia is replaced by the following: (1) Annex I is amended as follows: (1) in Lithuania, the Lietuvos apeliacinis teismas,; (a) the indent relating to Lithuania is replaced by the following: (1) in Slovenia, the okrožno sodišče,; (b) the indent relating to Slovenia is replaced by the following: (1) in Slovakia, the okresný súd,; (c) the indent relating to Slovakia is replaced by the following: (2) Annex II is amended as follows: (1) in Lithuania, by an appeal in cassation to the Lietuvos Aukščiausiasis Teismas,; (a) the indent relating to Lithuania is replaced by the following: (1) in Slovenia, by an appeal before the Vrhovno sodišče Republike Slovenije,; (b) the indent relating to Slovenia is replaced by the following: (1) in Slovakia, by a dovolanie,. (c) the following indent is inserted relating to Slovakia: (3) Annex III is amended as follows:

1. Annex I is amended as follows: (1) in Latvia, the rajona (pilsētas) tiesa,; (a) the indent relating to Latvia is replaced by the following: (1) in Slovenia, the okrožno sodišče,; (b) the indent relating to Slovenia is replaced by the following:

(a) the indent relating to Latvia is replaced by the following: (1) in Latvia, the rajona (pilsētas) tiesa,;

— in Latvia, the rajona (pilsētas) tiesa,;

(b) the indent relating to Slovenia is replaced by the following: (1) in Slovenia, the okrožno sodišče,;

— in Slovenia, the okrožno sodišče,;

2. Annex II is amended as follows: (1) in Lithuania, the Lietuvos apeliacinis teismas,; (a) the indent relating to Lithuania is replaced by the following: (1) in Slovenia, the okrožno sodišče,; (b) the indent relating to Slovenia is replaced by the following: (1) in Slovakia, the okresný súd,; (c) the indent relating to Slovakia is replaced by the following:

(a) the indent relating to Lithuania is replaced by the following: (1) in Lithuania, the Lietuvos apeliacinis teismas,;

— in Lithuania, the Lietuvos apeliacinis teismas,;

(b) the indent relating to Slovenia is replaced by the following: (1) in Slovenia, the okrožno sodišče,;

— in Slovenia, the okrožno sodišče,;

(c) the indent relating to Slovakia is replaced by the following: (1) in Slovakia, the okresný súd,;

— in Slovakia, the okresný súd,;

3. Annex III is amended as follows: (1) in Lithuania, by an appeal in cassation to the Lietuvos Aukščiausiasis Teismas,; (a) the indent relating to Lithuania is replaced by the following: (1) in Slovenia, by an appeal before the Vrhovno sodišče Republike Slovenije,; (b) the indent relating to Slovenia is replaced by the following: (1) in Slovakia, by a dovolanie,. (c) the following indent is inserted relating to Slovakia:

(a) the indent relating to Lithuania is replaced by the following: (1) in Lithuania, by an appeal in cassation to the Lietuvos Aukščiausiasis Teismas,;

— in Lithuania, by an appeal in cassation to the Lietuvos Aukščiausiasis Teismas,;

(b) the indent relating to Slovenia is replaced by the following: (1) in Slovenia, by an appeal before the Vrhovno sodišče Republike Slovenije,;

— in Slovenia, by an appeal before the Vrhovno sodišče Republike Slovenije,;

(c) the following indent is inserted relating to Slovakia: (1) in Slovakia, by a dovolanie,.

— in Slovakia, by a dovolanie,.

Article 2

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 October 2004. For the Commission António Vitorino Member of the Commission

Versions

  1. 2004-10-14