Matrimonial property

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Legislation

 

Primary legislation

Articles 3 and 6 of the Lisbon Treaty

Articles 7, 9, 21 24, 33 of the Charter of Fundamental Rights of the European Union

Article 2, 3, 6, 20 of the Treaty on European Union (TEU)

Articles 26, 45, 67, 81, 267, 326-334 of the Treaty on the Functioning of the European Union (consolidated version)

Article 8 of the European Convention on Human Rights

Secondary legislation

Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and the enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses

Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the member states of judicial and extrajudicial documents in civil or commercial matters

Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

Council Regulation (EC) No 1206/2001 of 28 May 2001on cooperation between the Courts of the Member States in the taking of evidence in civil or commercial matters

Council Directive 2002/8/EC of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes

Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matter of parental responsibility, repealing Regulation (EC) No 1347/2000 (Brussels II bis)

Information relating to courts and redress procedures pursuant to Article 68 of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 – consolidated version

Certificate referred to in Article 39 of Council Regulation No 2201/2003 of 27 November 2003 concerning judgments in matrimonial matters

Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims

Practice Guide for the application of the new Brussels II Regulation, European Commission, updated version, October 2005

Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the Service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) , and repealing Council Regulation (EC) No 1348/2000

Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters

Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations

Information communicated by member states in accordance with Article 71 of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (consolidated version)

Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (Rome III)

Proposed legislation

Proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes, Brussels 16.3.2011, COM(2011) 126 final

Proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships, Brussels 16.3.2011,COM(2011) 127 final

Documents from the European Commission

Agreement of 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

Commission Decision of 8 June 2009 on the intention of the United Kingdom to accept Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations

Council Decisions

Council Decision of 28 May 2001 establishing a European Judicial Network in civil and commercial matters

Council Decision of 30 November 2009 on the conclusion by the European Community of the Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligation

Council Decision of 12 July 2010 authorising enhanced cooperation in the area of law applicable to divorce and legal separation

Council Decision of 31 March 2011 on the signing, on behalf of the European Union, of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance

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