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COUNCIL REGULATION (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast), repealing Regulation (EC) No 2201/2003
The Regulation applies between all Member States of the European Union with the exception of Denmark.
A judgment given in a Member State shall be recognised in the other Member States without any special procedure being required.
A decision in matters of parental responsibility given in a Member State which is enforceable in that Member State shall be enforceable in the other Member States without any declaration of enforceability being required.
The exequatur, an intermediate procedure required to obtain cross-border enforcement, is abolished for all decisions. For the purposes of enforcement in a Member State of a decision given in another Member State, the party seeking enforcement shall provide the authority competent for enforcement with: (a) a copy of the decision and (b) the appropriate certificate.
The Regulation provides for nine standard forms.
The Regulation also facilitates the circulation of authentic instruments and agreements on legal separation and divorce or on matters of parental responsibility between the Member States.
The mechanism for the prompt return in the case of child abduction is largely based on the return mechanism of the 1980 Hague Convention, which the Regulation supplements. It also ensures that the child return procedure is faster (limit of maximum period of 6 weeks for the first instance court and 6 weeks for each court of appeal). In addition, the Central Authority will have to process the application efficiently (5-day deadline to confirm receipt of the application).
The Regulation also gives the children the opportunity to express their own views during the proceedings in matters of parental responsibility and international child abduction cases.
The Regulation promotes better cooperation between Central Authorities, which are the direct point of contact for parents. Each Member State shall designate one or more Central Authorities to assist with the application of this Regulation in matters of parental responsibility.
The European e-Justice Portal provides you with information concerning the application of the Regulation and a user-friendly tool for filling in the forms.
The Practice Guide for the application of the Brussels IIb Regulation can be found on this page: EJN's publications
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