Legal provisions of COM(2004)616 - Amendment of Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, as regards treaties with the Holy See

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dossier COM(2004)616 - Amendment of Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in ...
document COM(2004)616 EN
date December  2, 2004

Contents

Article 1

Article 63 of Regulation (EC) No 2201/2003 is amended as follows:

1.in paragraph 3, the following point shall be added:

‘(c)Agreement between the Holy See and Malta on the recognition of civil effects to canonical marriages and to decisions of ecclesiastical authorities and tribunals on those marriages of 3 February 1993, including the Protocol of application of the same date, with the second Additional Protocol of 6 January 1995’;

2.paragraph 4 shall be replaced by the following:

‘4.   Recognition of the decisions provided for in paragraph 2 may, in Spain, Italy or Malta, be subject to the same procedures and the same checks as are applicable to decisions of the ecclesiastical courts handed down in accordance with the international treaties concluded with the Holy See referred to in paragraph 3’.

Article 2

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

This Regulation shall apply from 1 March 2005.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.