Legal provisions of COM(2016)107 - Jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(2016)107 - Jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of ... |
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document | COM(2016)107 |
date | June 24, 2016 |
Contents
- CHAPTER I - SCOPE AND DEFINITIONS
- Article 1 - Scope
- Article 2 - Competence in matters of property consequences of registered partnerships within the Member States
- Article 3 - Definitions
- CHAPTER II - JURISDICTION
- Article 4 - Jurisdiction in the event of the death of one of the partners
- Article 5 - Jurisdiction in cases of dissolution or annulment
- Article 6 - Jurisdiction in other cases
- Article 7 - Choice of court
- Article 8 - Jurisdiction based on the appearance of the defendant
- Article 9 - Alternative jurisdiction
- Article 10 - Subsidiary jurisdiction
- Article 11 - Forum necessitatis
- Article 12 - Counterclaims
- Article 13 - Limitation of proceedings
- Article 14 - Seising a court
- Article 15 - Examination as to jurisdiction
- Article 16 - Examination as to admissibility
- Article 17 - Lis pendens
- Article 18 - Related actions
- Article 19 - Provisional, including protective, measures
- CHAPTER III - APPLICABLE LAW
- Article 20 - Universal application
- Article 21 - Unity of the applicable law
- Article 22 - Choice of the applicable law
- Article 23 - Formal validity of the agreement on a choice of applicable law
- Article 24 - Consent and material validity
- Article 25 - Formal validity of a partnership property agreement
- Article 26 - Applicable law in the absence of choice by the parties
- Article 27 - Scope of the applicable law
- Article 28 - Effects in respect of third parties
- Article 29 - Adaptation of rights in rem
- Article 30 - Overriding mandatory provisions
- Article 31 - Public policy (ordre public)
- Article 32 - Exclusion of renvoi
- Article 33 - States with more than one legal system — territorial conflicts of laws
- Article 34 - States with more than one legal system — inter-personal conflicts of laws
- Article 35 - Non-application of this Regulation to internal conflicts of laws
- CHAPTER IV - RECOGNITION, ENFORCEABILITY AND ENFORCEMENT OF DECISIONS
- Article 36 - Recognition
- Article 37 - Grounds of non-recognition
- Article 38 - Fundamental rights
- Article 39 - Prohibition of review of jurisdiction of the court of origin
- Article 40 - No review as to substance
- Article 41 - Staying of recognition proceedings
- Article 42 - Enforceability
- Article 43 - Determination of domicile
- Article 44 - Jurisdiction of local courts
- Article 45 - Procedure
- Article 46 - Non-production of the attestation
- Article 47 - Declaration of enforceability
- Article 48 - Notice of the decision on the application for a declaration of enforceability
- Article 49 - Appeal against the decision on the application for a declaration of enforceability
- Article 50 - Procedure to contest the decision given on appeal
- Article 51 - Refusal or revocation of a declaration of enforceability
- Article 52 - Staying of proceedings
- Article 53 - Provisional, including protective, measures
- Article 54 - Partial enforceability
- Article 55 - Legal aid
- Article 56 - No security, bond or deposit
- Article 57 - No charge, duty or fee
- CHAPTER V - AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS
- Article 58 - Acceptance of authentic instruments
- Article 59 - Enforceability of authentic instruments
- Article 60 - Enforceability of court settlements
- CHAPTER VI - GENERAL AND FINAL PROVISIONS
- Article 61 - Legalisation and other similar formalities
- Article 62 - Relations with existing international conventions
- Article 63 - Information made available to the public
- Article 64 - Information on contact details and procedures
- Article 65 - Establishment and subsequent amendment of the list containing the information referred to in Article 3(2)
- Article 66 - Establishment and subsequent amendment of the attestations and forms referred to in point (b) of Article 45(3), and Articles 58, 59 and 60
- Article 67 - Committee procedure
- Article 68 - Review clause
- Article 69 - Transitional provisions
- Article 70 - Entry into force
CHAPTER I - SCOPE AND DEFINITIONS
Article 1 - Scope
It shall not apply to revenue, customs or administrative matters.
2. The following shall be excluded from the scope of this Regulation:
(a) | the legal capacity of partners, |
(b) | the existence, validity or recognition of a registered partnership, |
(c) | maintenance obligations, |
(d) | the succession to the estate of a deceased partner, |
(e) | social security, |
(f) | the entitlement to transfer or adjustment between partners, in the case of dissolution or annulment of the registered partnership, of rights to retirement or disability pension accrued during the registered partnership and which have not generated pension income during the registered partnership, |
(g) | the nature of rights in rem relating to a property, and |
(h) | any recording in a register of rights in immoveable or moveable property, including the legal requirements for such recording, and the effects of recording or failing to record such rights in a register. |
Article 2 - Competence in matters of property consequences of registered partnerships within the Member States
Article 3 - Definitions
(a) | ‘registered partnership’ means the regime governing the shared life of two people which is provided for in law, the registration of which is mandatory under that law and which fulfils the legal formalities required by that law for its creation; |
(b) | ‘property consequences of a registered partnership’ means the set of rules concerning the property relationships of the partners, between themselves and in their relations with third parties, as a result of the legal relationship created by the registration of the partnership or its dissolution; |
(c) | ‘partnership property agreement’ means any agreement between partners or future partners by which they organise the property consequences of their registered partnership; |
(d) | ‘authentic instrument’ means a document in a matter of the property consequences of a registered partnership which has been formally drawn up or registered as an authentic instrument in a Member State and the authenticity of which:
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(e) | ‘decision’ means any decision in a matter of the property consequences of a registered partnership given by a court of a Member State, whatever the decision may be called, including a decision on the determination of costs or expenses by an officer of the court; |
(f) | ‘court settlement’ means a settlement in a matter of the property consequences of a registered partnership which has been approved by a court, or concluded before a court in the course of proceedings; |
(g) | ‘Member State of origin’ means the Member State in which the decision has been given, the authentic instrument drawn up, or the court settlement approved or concluded; |
(h) | ‘Member State of enforcement’ means the Member State in which recognition and/or enforcement of the decision, the authentic instrument, or the court settlement is requested. |
2. For the purposes of this Regulation, the term ‘court’ means any judicial authority and all other authorities and legal professionals with competence in matters of property consequences of registered partnerships which exercise judicial functions or act by delegation of power by a judicial authority or under its control, provided that such other authorities and legal professionals offer guarantees with regard to impartiality and the right of all parties to be heard, and provided that their decisions under the law of the Member State in which they operate:
(a) | may be made the subject of an appeal to or review by a judicial authority; and |
(b) | have a similar force and effect as a decision of a judicial authority on the same matter. |
The Member States shall notify the Commission of the other authorities and legal professionals referred to in the first subparagraph in accordance with Article 64.
CHAPTER II - JURISDICTION
Article 4 - Jurisdiction in the event of the death of one of the partners
Article 5 - Jurisdiction in cases of dissolution or annulment
2. If the agreement referred to in paragraph 1 of this Article is concluded before the court is seised to rule on matters of the property consequences of the registered partnership, the agreement shall comply with Article 7.
Article 6 - Jurisdiction in other cases
(a) | in whose territory the partners are habitually resident at the time the court is seised, or failing that, |
(b) | in whose territory the partners were last habitually resident, insofar as one of them still resides there at the time the court is seised, or failing that, |
(c) | in whose territory the respondent is habitually resident at the time the court is seised, or failing that, |
(d) | of the partners' common nationality at the time the court is seised, or failing that, |
(e) | under whose law the registered partnership was created. |
Article 7 - Choice of court
2. The agreement referred to in paragraph 1 shall be expressed in writing and dated and signed by the parties. Any communication by electronic means which provides a durable record of the agreement shall be deemed equivalent to writing.
Article 8 - Jurisdiction based on the appearance of the defendant
2. Before assuming jurisdiction pursuant to paragraph 1, the court shall ensure that the defendant is informed of his right to contest the jurisdiction and of the consequences of entering or not entering an appearance.
Article 9 - Alternative jurisdiction
2. Where a court referred to in paragraph 1 of this Article declines jurisdiction and where the parties agree to confer jurisdiction to the courts of any other Member State in accordance with Article 7, jurisdiction to rule on the property consequences of the registered partnership shall lie with the courts of that Member State.
In other cases, jurisdiction to rule on the property consequences of a registered partnership shall lie with the courts of any other Member State pursuant to Article 6 or 8.
3. This Article shall not apply when the parties have obtained a dissolution or annulment of a registered partnership which is capable of being recognised in the Member State of the forum.
Article 10 - Subsidiary jurisdiction
Article 11 - Forum necessitatis
The case must have a sufficient connection with the Member State of the court seised.
Article 12 - Counterclaims
Article 13 - Limitation of proceedings
2. Paragraph 1 shall not affect the right of the parties to limit the scope of the proceedings under the law of the Member State of the court seised.
Article 14 - Seising a court
(a) | at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the applicant has not subsequently failed to take the steps he was required to take to have service effected on the defendant; |
(b) | if the document has to be served before being lodged with the court, at the time when it is received by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps he was required to take to have the document lodged with the court; or |
(c) | if the proceedings are opened on the court's own motion, at the time when the decision to open the proceedings is taken by the court, or, where such a decision is not required, at the time when the case is registered by the court. |
Article 15 - Examination as to jurisdiction
Article 16 - Examination as to admissibility
2. Article 19 of Regulation (EC) No 1393/2007 of the European Parliament and of the Council (11) shall apply instead of paragraph 1 of this Article if the document instituting the proceedings or an equivalent document had to be transmitted from one Member State to another pursuant to that Regulation.
3. Where Regulation (EC) No 1393/2007 is not applicable, Article 15 of the Hague Convention of 15 November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters shall apply if the document instituting the proceedings or an equivalent document had to be transmitted abroad pursuant to that Convention.
Article 17 - Lis pendens
2. In the cases referred to in paragraph 1, upon request by a court seised of the dispute, any other court seised shall without delay inform the former court of the date when it was seised.
3. Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court.
Article 18 - Related actions
2. Where the actions referred to in paragraph 1 are pending at first instance, any court other than the court first seised may also, on the application of one of the parties, decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof.
3. For the purposes of this Article, actions are deemed to be related where they are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable decisions resulting from separate proceedings.
Article 19 - Provisional, including protective, measures
CHAPTER III - APPLICABLE LAW
Article 20 - Universal application
Article 21 - Unity of the applicable law
Article 22 - Choice of the applicable law
(a) | the law of the State where the partners or future partners, or one of them, is habitually resident at the time the agreement is concluded |
(b) | the law of a State of nationality of either partner or future partner at the time the agreement is concluded, or |
(c) | the law of the State under whose law the registered partnership was created. |
2. Unless the partners agree otherwise, a change of the law applicable to the property consequences of their registered partnership made during the partnership shall have prospective effect only.
3. Any retroactive change of the applicable law under paragraph 2 shall not adversely affect the rights of third parties deriving from that law.
Article 23 - Formal validity of the agreement on a choice of applicable law
2. If the law of the Member State in which both partners have their habitual residence at the time the agreement is concluded lays down additional formal requirements for partnership property agreements, those requirements shall apply.
3. If the partners are habitually resident in different Member States at the time the agreement is concluded and the laws of those States provide for different formal requirements for partnership property agreements, the agreement shall be formally valid if it satisfies the requirements of either of those laws.
4. If only one of the partners is habitually resident in a Member State at the time the agreement is concluded and that State lays down additional formal requirements for partnership property agreements, those requirements shall apply.
Article 24 - Consent and material validity
2. Nevertheless, a partner may, in order to establish that he did not consent, rely upon the law of the country in which he has his habitual residence at the time the court is seised if it appears from the circumstances that it would not be reasonable to determine the effect of his conduct in accordance with the law specified in paragraph 1.
Article 25 - Formal validity of a partnership property agreement
2. If the law of the Member State in which both partners have their habitual residence at the time the agreement is concluded lays down additional formal requirements for partnership property agreements, those requirements shall apply.
If the partners are habitually resident in different Member States at the time the agreement is concluded and the laws of those States provide for different formal requirements for partnership property agreements, the agreement shall be formally valid if it satisfies the requirements of either of those laws.
If only one of the partners is habitually resident in a Member State at the time the agreement is concluded and that State lays down additional formal requirements for partnership property agreements, those requirements shall apply.
3. If the law applicable to the property consequences of a registered partnership imposes additional formal requirements, those requirements shall apply
Article 26 - Applicable law in the absence of choice by the parties
2. By way of exception and upon application by either partner, the judicial authority having jurisdiction to rule on matters of the property consequences of a registered partnership may decide that the law of a State other than the State whose law is applicable pursuant to paragraph 1 shall govern the property consequences of the registered partnership if the law of that other State attaches property consequences to the institution of the registered partnership and if the applicant demonstrates that:
(a) | the partners had their last common habitual residence in that other State for a significantly long period of time; and |
(b) | both partners had relied on the law of that other State in arranging or planning their property relations. |
The law of that other State shall apply as from the creation of the registered partnership, unless one partner disagrees. In the latter case, the law of that other State shall have effect as from the establishment of the last common habitual residence in that other State.
The application of the law of the other State shall not adversely affect the rights of third parties deriving from the law applicable pursuant to paragraph 1.
This paragraph shall not apply when the partners have concluded a partnership property agreement before the establishment of their last common habitual residence in that other State.
Article 27 - Scope of the applicable law
(a) | the classification of property of either or both partners into different categories during and after the registered partnership, |
(b) | the transfer of property from one category to the other one, |
(c) | the responsibility of one partner for liabilities and debts of the other partner, |
(d) | the powers, rights and obligations of either or both partners with regard to property, |
(e) | the partition, distribution or liquidation of the property upon dissolution of the registered partnership, |
(f) | the effects of the property consequences of registered partnerships on a legal relationship between a partner and third parties, and |
(g) | the material validity of a partnership property agreement. |
Article 28 - Effects in respect of third parties
2. The third party is deemed to possess the knowledge of the law applicable to the property consequences of the registered partnership, if:
(a) | that law is the law of:
or |
(b) | either partner had complied with the applicable requirements for disclosure or registration of the property consequences of the registered partnership specified by the law of:
|
3. Where the law applicable to the property consequences of a registered partnership cannot be invoked by a partner against a third party by virtue of paragraph 1, the property consequences of the registered partnership in respect of the third party shall be governed:
(a) | by the law of the State whose law is applicable to the transaction between a partner and the third party; or |
(b) | in cases involving immoveable property or registered assets or rights, by the law of the State in which the property is situated or in which the assets or rights are registered. |
Article 29 - Adaptation of rights in rem
Article 30 - Overriding mandatory provisions
2. Overriding mandatory provisions are provisions the respect for which is regarded as crucial by a Member State for safeguarding its public interests, such as its political, social or economic organisation, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the property consequences of a registered partnership pursuant to this Regulation.
Article 31 - Public policy (ordre public)
Article 32 - Exclusion of renvoi
Article 33 - States with more than one legal system — territorial conflicts of laws
2. In the absence of such internal conflict-of-laws rules:
(a) | any reference to the law of the State referred to in paragraph 1 shall, for the purposes of determining the law applicable pursuant to provisions referring to the habitual residence of the partners, be construed as referring to the law of the territorial unit in which the partners have their habitual residence; |
(b) | any reference to the law of the State referred to in paragraph 1 shall, for the purposes of determining the law applicable pursuant to provisions referring to the nationality of the partners, be construed as referring to the law of the territorial unit with which the partners have the closest connection; |
(c) | any reference to the law of the State referred to in paragraph 1 shall, for the purposes of determining the law applicable pursuant to any other provisions referring to other elements as connecting factors, be construed as referring to the law of the territorial unit in which the relevant element is located. |
Article 34 - States with more than one legal system — inter-personal conflicts of laws
Article 35 - Non-application of this Regulation to internal conflicts of laws
CHAPTER IV - RECOGNITION, ENFORCEABILITY AND ENFORCEMENT OF DECISIONS
Article 36 - Recognition
2. Any interested party who raises the recognition of a decision as the principal issue in a dispute may, in accordance with the procedures provided for in Articles 44 to 57, apply for the decision to be recognised.
3. If the outcome of the proceedings in a court of a Member State depends on the determination of an incidental question of recognition, that court shall have jurisdiction over that question.
Article 37 - Grounds of non-recognition
(a) | if such recognition is manifestly contrary to public policy (ordre public) in the Member State in which recognition is sought; |
(b) | where it was given in default of appearance, if the defendant was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable him to arrange for his defence, unless the defendant failed to commence proceedings to challenge the decision when it was possible for him to do so; |
(c) | if it is irreconcilable with a decision given in proceedings between the same parties in the Member State in which recognition is sought; |
(d) | if it is irreconcilable with an earlier decision given in another Member State or in a third State involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State in which recognition is sought. |
Article 38 - Fundamental rights
Article 39 - Prohibition of review of jurisdiction of the court of origin
2. The public policy (ordre public) criterion referred to in Article 37 shall not apply to the rules on jurisdiction set out in Articles 4 to 12.
Article 40 - No review as to substance
Article 41 - Staying of recognition proceedings
Article 42 - Enforceability
Article 43 - Determination of domicile
Article 44 - Jurisdiction of local courts
2. The local jurisdiction shall be determined by reference to the place of domicile of the party against whom enforcement is sought, or to the place of enforcement.
Article 45 - Procedure
2. The applicant shall not be required to have a postal address or an authorised representative in the Member State of enforcement.
3. The application shall be accompanied by the following documents:
(a) | a copy of the decision which satisfies the conditions necessary to establish its authenticity; |
(b) | the attestation issued by the court or competent authority of the Member State of origin using the form established in accordance with the advisory procedure referred to in Article 67(2), without prejudice to Article 46. |
Article 46 - Non-production of the attestation
2. If the court or competent authority so requires, a translation or transliteration of the documents shall be produced. The translation shall be done by a person qualified to do translations in one of the Member States.
Article 47 - Declaration of enforceability
Article 48 - Notice of the decision on the application for a declaration of enforceability
2. The declaration of enforceability shall be served on the party against whom enforcement is sought, accompanied by the decision, if not already served on that party.
Article 49 - Appeal against the decision on the application for a declaration of enforceability
2. The appeal shall be lodged with the court communicated by the Member State concerned to the Commission in accordance with Article 64.
3. The appeal shall be dealt with in accordance with the rules governing procedure in contradictory matters.
4. If the party against whom enforcement is sought fails to appear before the appellate court in proceedings concerning an appeal brought by the applicant, Article 16 shall apply even where the party against whom enforcement is sought is not domiciled in any of the Member States.
5. An appeal against the declaration of enforceability shall be lodged within 30 days of service thereof. If the party against whom enforcement is sought is domiciled in a Member State other than that in which the declaration of enforceability was given, the time for appealing shall be 60 days and shall run from the date of service, either on him in person or at his residence. No extension may be granted on account of distance.
Article 50 - Procedure to contest the decision given on appeal
Article 51 - Refusal or revocation of a declaration of enforceability
Article 52 - Staying of proceedings
Article 53 - Provisional, including protective, measures
2. The declaration of enforceability shall carry with it by operation of law the power to proceed to any protective measures.
3. During the time specified for an appeal pursuant to Article 49(5) against the declaration of enforceability and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures against the property of the party against whom enforcement is sought.
Article 54 - Partial enforceability
2. An applicant may request a declaration of enforceability limited to parts of a decision.
Article 55 - Legal aid
Article 56 - No security, bond or deposit
Article 57 - No charge, duty or fee
CHAPTER V - AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS
Article 58 - Acceptance of authentic instruments
A person wishing to use an authentic instrument in another Member State may ask the authority establishing the authentic instrument in the Member State of origin to fill in the form established in accordance with the advisory procedure referred to in Article 67(2) describing the evidentiary effects which the authentic instrument produces in the Member State of origin.
2. Any challenge relating to the authenticity of an authentic instrument shall be made before the courts of the Member State of origin and shall be decided upon under the law of that State. The authentic instrument challenged shall not produce any evidentiary effect in another Member State for as long as the challenge is pending before the competent court.
3. Any challenge relating to the legal acts or legal relationships recorded in an authentic instrument shall be made before the courts having jurisdiction under this Regulation and shall be decided upon under the law applicable pursuant to Chapter III. The authentic instrument challenged shall not produce any evidentiary effect in a Member State other than the Member State of origin as regards the matter being challenged for as long as the challenge is pending before the competent court.
4. If the outcome of proceedings in a court of a Member State depends on the determination of an incidental question relating to the legal acts or legal relationships recorded in an authentic instrument in matters of property consequences of registered partnerships, that court shall have jurisdiction over that question.
Article 59 - Enforceability of authentic instruments
2. For the purposes of point (b) of Article 45(3), the authority which established the authentic instrument shall, on the application of any interested party, issue an attestation using the form established in accordance with the advisory procedure referred to in Article 67(2).
3. The court with which an appeal is lodged under Article 49 or Article 50 shall refuse or revoke a declaration of enforceability only if enforcement of the authentic instrument is manifestly contrary to public policy (ordre public) in the Member State of enforcement.
Article 60 - Enforceability of court settlements
2. For the purposes of point (b) of Article 45(3), the court which approved the settlement or before which it was concluded shall, on the application of any interested party, issue an attestation using the form established in accordance with the advisory procedure referred to in Article 67(2).
3. The court with which an appeal is lodged under Article 49 or 50 shall refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to public policy (ordre public) in the Member State of enforcement.
CHAPTER VI - GENERAL AND FINAL PROVISIONS
Article 61 - Legalisation and other similar formalities
Article 62 - Relations with existing international conventions
2. Notwithstanding paragraph 1, this Regulation shall, as between Member States, take precedence over conventions concluded between them in so far as such conventions concern matters governed by this Regulation.
Article 63 - Information made available to the public
The Member States shall keep the information permanently updated.
Article 64 - Information on contact details and procedures
(a) | the courts or authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 44(1) and with appeals against decisions on such applications in accordance with Article 49(2); |
(b) | the procedures to contest the decision given on appeal referred to in Article 50; |
The Member States shall apprise the Commission of any subsequent changes to that information.
2. The Commission shall publish the information communicated in accordance with paragraph 1 in the Official Journal of the European Union, with the exception of the addresses and other contact details of the courts and authorities referred to in point (a) of paragraph 1.
3. The Commission shall make all information communicated in accordance with paragraph 1 publicly available through any appropriate means, in particular through the European Judicial Network in civil and commercial matters.
Article 65 - Establishment and subsequent amendment of the list containing the information referred to in Article 3(2)
2. The Member States shall notify the Commission of any subsequent changes to the information contained in that list. The Commission shall amend the list accordingly.
3. The Commission shall publish the list and any subsequent amendments in the Official Journal of the European Union.
4. The Commission shall make all information notified in accordance with paragraphs 1 and 2 publicly available through any other appropriate means, in particular through the European Judicial Network in civil and commercial matters.
Article 66 - Establishment and subsequent amendment of the attestations and forms referred to in point (b) of Article 45(3), and Articles 58, 59 and 60
Article 67 - Committee procedure
2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
Article 68 - Review clause
2. By 29 January 2024, the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the application of Articles 9 and 38 of this Regulation. This report shall evaluate in particular the extent to which these Articles have ensured access to justice.
3. For the purposes of the reports referred to in paragraphs 1 and 2, Member shall communicate to the Commission relevant information on the application of this Regulation by their courts.
Article 69 - Transitional provisions
2. If the the proceedings in the Member State of origin were instituted before 29 January 2019, decisions given after that date shall be recognised and enforced in accordance with Chapter IV as long as the rules of jurisdiction applied comply with those set out in Chapter II.
3. Chapter III shall apply only to partners who register their partnership or who specify the law applicable to the property consequences of their registered partnership after 29 January 2019.
Article 70 - Entry into force
2. This Regulation shall apply in the Member States which participate in enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships, as authorised by Decision (EU) 2016/954.
It shall apply from 29 January 2019, except for Articles 63 and 64 which shall apply from 29 April 2018, and Articles 65, 66 and 67, which shall apply from 29 July 2016. For those Member States which participate in enhanced cooperation by virtue of a decision adopted in accordance with the second or third subparagraph of Article 331(1) TFEU, this Regulation shall apply as from the date indicated in the decision concerned.
This Regulation shall be binding in its entirety and directly applicable in the participating Member States in accordance with the Treaties.