Mutual recognition of protection measures in civil matters

National information concerning Regulation No. 606/2013

General information

The Regulation (EU) No. 606/2013 on mutual recognition of protection measures in civil matters sets up a mechanism allowing for a direct recognition of protection orders issued as a civil law measure between Member States.

Thus if you benefit from a civil law protection order issued in the Member State of your residence you may invoke it directly in other Member States by presenting a certificate to competent authorities certifying your rights.

The Regulation applies as of 11 January 2015.

Please select the relevant country's flag to obtain detailed national information.

More information on mutual recognition of protection measures can be found on the dedicated page.

Last update: 19/02/2019

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The Commission is in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Belgium

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

The following have the power to order protection measures according to the subject of the case in which a protection measure is requested: the family court (tribunal de la famille), the labour court (tribunal du travail) or public prosecutor’s office (ministère public), with subsequent verification by the family court or juvenile court (tribunal de la jeunesse).

The chief registrar (greffier en chef) of the court which ordered the protection measure, or the public prosecutor’s office if applicable, is responsible for issuing the certificate.

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

The public prosecutor’s office of the place where the person under protection is/will be entered in the population register, or where the person is/will be usually resident.

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

The public prosecutor’s office of the place where the person under protection is/will be entered in the population register, or where the person is/will be usually resident. This adjustment may be appealed before the Court of First Instance (tribunal de première instance) in accordance with Article 11(5).

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

The Court of First Instance.

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

French, Dutch and/or German are accepted for the translations referred to in Article 16(1), depending on the official languages of the place of enforcement in accordance with Belgian law.

Last update: 11/12/2018

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Bulgaria

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

The district court in relation to the injured party’s permanent or present address shall be the authority competent to order protection measures. (Article 7 of the Protection Against Domestic Violence Act).

The district court that examined the case is the one that, at the written request of the protected person, issues the certificate referred to in Article 5 of Regulation (EU) No 606/2013. (Article 26(1) of the Protection Against Domestic Violence Act).

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

A person benefiting from a protection measure ordered in a Member State of the European Union may request that protection order in Bulgarian territory be issued by Sofia City Court. (Article 23 of the Protection Against Domestic Violence Act)

The authorities of the Ministry of Interior and the Public Prosecutor’s Office are competent to implement such a measure.

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

Sofia City Court is competent.

The court checks that the measure can be implemented with the means available in Bulgarian law. Where this is not possible, the court orders a substitute protection measure in accordance with Bulgarian law. (Article 24(2) of the Protection Against Domestic Violence Act)

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

Refusal to recognise or to enforce a protection measure is granted by the Sofia City Court at the request of the person causing the risk. (Article 25 of the Protection Against Domestic Violence Act)

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

Bulgaria requires that the documents be translated into Bulgarian.

Last update: 11/05/2020

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Czech Republic

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

District courts

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

District courts

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

District courts

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

District courts

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

Czech language or the Slovak language

Last update: 08/04/2020

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Germany

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

District courts

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

  • The authorities before which a protection measure ordered in another Member State is to be invoked: 

District courts

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

District courts

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

District courts

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

German

Last update: 09/01/2015

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Estonia

Article 17 - Information made available to the public

Protection measures in civil matters can be applied under Section 1055(1) of the Law of Obligations Act, which states that if unlawful damage is caused continually or a threat of unlawful damage is made, the victim or the person who is threatened has the right to demand that the behaviour which causes the damage be terminated or the making of threats by such behaviour be refrained from. In the case of bodily injury, harm to health, infringement of privacy or any other personality rights, it may be required, inter alia, that the tortfeasor be prohibited from approaching other persons (by means of a restraining order), the use of housing or communication be regulated or other similar measures be applied. Section 475(1)(7) of the Code of Civil Procedure lays down the procedure for the application of civil protection measures, according to which proceedings on petition include the imposition of a restraining order and other similar measures for the protection of personality rights as laid down in Chapter 55 and Sections 544-549, which set out the procedure for applying a restraining order more precisely. Under Sections 378(1)(3), 546 and 551(1) of the Code of Civil Procedure, civil protection measures may also be applied as a measure for securing an action or as a provisional measure in proceedings on petition.

Pursuant to Section 1055(1) of the Law of Obligations Act, it may be required that the tortfeasor be prohibited from approaching other persons (i.e. for a restraining order to be imposed), the use of housing or communication be regulated or other similar measures be applied. Therefore the measures that may be applied for the protection of personality rights are not listed exhaustively in the Act, and the application of an appropriate and necessary measure may be requested in particular cases.

No statistics are available regarding the average period of application of measures. In Estonia it is possible to apply many measures for the protection of privacy and personality rights under Section 1055 of the Law of Obligations Act for a period of up to three years. In accordance with the analysis of case-law on restraining orders which was prepared by the Supreme Court in 2008, courts have generally applied restraining orders for a period of up to 3 years.

Regulation (EU) No 606/2013 covers protection measures applied in civil cases. It does not apply to protection measures that fall within the scope of Regulation (EC) 2201/2003. For the application of civil protection measures, it is not necessary for an unlawful act to have been perpetrated against the person at risk. It is sufficient for the defendant’s previous behaviour to give grounds to fear that the defendant may injure the victim or violate the victim’s personality rights. Protection measures in civil cases are not listed exhaustively in the Act. If necessary, a suitable protection measure, not necessarily listed in legislation, can be applied to rectify a particular situation.

The implementation of a protection measure may be applied for by a person at risk or an injured person, either in separate proceedings or in conjunction with another claim. For the application of a protection measure, a person at risk must submit a petition to a county court. The courts process petitions under proceedings on petition. Before applying a protection measure, the court hears the person with respect to whom application of the measure is requested and the person in the interests of whom proceedings are conducted for application of the measure. Where necessary, the court also hears persons closely connected with the persons specified above, or the rural municipality or city government or police authority of the persons' place of residence.

Petitions submitted to a court must be drafted in Estonian and must meet the requirements of Sections 338 and 363 of the Code of Civil Procedure. All petitions must be submitted to the court in legible typewritten form. Where possible, electronic copies of procedural documents submitted in writing should also be submitted to the court. Contractual representatives, notaries, bailiffs, trustees in bankruptcy, state and local government agencies and other legal persons submit documents to the court electronically unless there is good reason to submit the document in another form. More detailed rules for submitting electronic documents to the courts, the format requirements for documents and the list of documents to be submitted via the portal are laid down in a Regulation enacted by the minister responsible for the sector. A participant in a proceeding must, when submitting to the court written documents and appendices thereto, provide the requisite number of transcripts of those documents to be served on the other participants in the proceeding.

A state fee of 50 euros is paid upon the filing of petitions or appeals in matters reviewed under proceedings on petition. A state fee of 50 euros shall be paid upon the filing of an application for securing an action.

Under Estonian law, participants in proceedings do not require a representative in court for proceedings concerning the application of civil protection measures.

A ruling on the application or amendment of a restraining order or other measure for the protection of personality rights may be appealed against by the persons obligated to comply therewith. Such appeals are to be submitted in writing to a district court via the county court whose ruling is being appealed against. Appeals are to be submitted within 15 days of the date on which the ruling was served. An appeal against a ruling cannot be filed after five months have passed from the making of the ruling in actions or in a proceeding on petition unless otherwise provided for in law. If circumstances change, the court may cancel or alter a restraining order or another measure for the protection of personality rights. Before cancelling or altering a measure, the court hears the participants. A ruling on the application of a restraining order or another measure for the protection of personality rights is served on the persons with regard to and in the interests of whom such measures are applied.

Rulings made concerning protection measures are to be enforced from the moment they are delivered to the obligated person (the person causing the risk).

Enforcement of the ruling under which the protection measure was ordered is arranged by a bailiff. Bailiffs generally learn of the violation of a protection measure from the person to whom the risk is caused. If the protection measure was ordered before access rights were determined, the court may rule on access rights in a manner that takes into account the protection measures that have been applied. In its 2008 analysis of the case-law relating to restraining orders, the Supreme Court took the position that if a person at risk and the person causing the risk live (or work) in close proximity to one another, it would be more appropriate to regulate their contact arrangements, and the content of the prohibitions (protection measures) could primarily consist of a list of prohibited actions.

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

In Estonia the courts are competent to apply protection measures. In accordance with article 5, the county court that applied the protection measure is competent to issue a certificate concerning the protection measure. In order for a certificate to be issued, a petition must be submitted to a county court. The contact information for Estonian courts is available on the courts’ Link opens in new windowwebsite.

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

In order to invoke a protection measure ordered in another Member State, a person must contact the bailiff that has jurisdiction over the debtor’s place of residence or location, or in whose jurisdiction the debtor’s assets are located. Bailiffs initiate enforcement proceedings on the basis of a petition and an enforcement document from the person at risk. The contact information of bailiffs can be found on the Link opens in new windowwebsite of the Chamber of Bailiffs and Trustees in Bankruptcy.

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

A protection measure ordered in another Member State can, if necessary, be applied by a bailiff who is competent to carry out the enforcement of the protection measure. The bailiff who has jurisdiction over the debtor’s place of residence or location, or in whose jurisdiction the debtor’s assets are located, is competent to carry out the enforcement of a protection measure ordered in another Member State. The contact information of bailiffs can be found on the Link opens in new windowwebsite of the Chamber of Bailiffs and Trustees in Bankruptcy.

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

To refuse recognition or enforcement of protection measures ordered in another Member State, an application must be submitted to the debtor’s place of residence or to the county court with jurisdiction over the intended enforcement proceedings. The contact information for Estonian courts is available on the courts’ Link opens in new windowwebsite.

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

Estonian and English

Last update: 23/04/2020

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Greece

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

Protective measures can be ordered by a judge of the Athens Single‑Member Court of First Instance (Monomelés Protodikeío Athinón), sitting in proceedings for interim measures (diadikasía ton asfalistikón métron).

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

The competent authority is the president of the relevant Bailiffs’ Association (Sýllogos Dikastikón Epimelitón), or his or her deputy.

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

This can be done by a judge of the Single‑Member Court of First Instance, sitting in proceedings for interim measures.

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

The competent authority is the Single‑Member Court of First Instance, sitting in its non‑contentious jurisdiction (ekoúsia dikaiodosía).

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

Greek.

Last update: 02/12/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Spain

Article 17 - Information made available to the public

Not applicable.

In Spain there are no protection orders such as those described in Regulation (EU) No 606/2013. There are therefore no judicial authorities with powers to issue such orders and the certificates provided for in Article 5 of the Regulation.

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

Not applicable.

In Spain there are no protection orders such as those described in Regulation (EU) No 606/2013. There are therefore no authorities with powers to issue such orders and the certificates provided for in Article 5 of the Regulation.

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

The Court of First Instance (Juzgado de Primera Instancia) or, where appropriate, the Family Court (Juzgado de Familia) with jurisdiction in the district where the victim lives.

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

The Court of First Instance or, where appropriate, the Family Court with jurisdiction in the district where the victim lives.

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

The Provincial Court (Audiencia Provincial).

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

Spanish.

Last update: 01/04/2020

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - France

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

The Family Court (juge aux affaires familiales) with territorial jurisdiction.

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

The police or gendarmerie.

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

The presiding judge of the Regional Court (tribunal de grande instance).

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

The presiding judge of the Regional Court (tribunal de grande instance).

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

French

Last update: 13/11/2017

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Croatia

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

  • The competent authorities to order protection measures:

Not applicable

  • The competent authorities to issue certificates:

Not applicable

Explanation:

The civil justice system of the Republic of Croatia does not provide for the possibility of ordering protection measures that fall under the scope and definition of protection measures set out in the Regulation No 606/2013 (Art 2 and Art 3 point 1). Therefore, within the framework of civil law there are no authorities competent for ordering protection measures in civil matters and issuing of certificates. We consider this is in line with recital no 12 of the Regulation No 606/2013.

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

  • The authorities before which a protection measure ordered in another Member State is to be invoked:

Police Administration – competent according to the place of residence of the protected person in the territory of the Republic of Croatia

  • The authorities which are competent to enforce such a measure:

Police Administration - competent according to the place of residence the protected person in the territory of the Republic of Croatia

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

Misdemeanour Court (Minor Offence Court) - competent according to the place of residence of the protected person in the territory of the Republic of Croatia.

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

  • The courts to which the application for refusal of recognition is to be submitted:

Misdemeanour Court (Minor Offence Court) - competent according to the place of residence of the protected person in the territory of the Republic of Croatia

  • Where applicable, the courts to which the application for refusal of enforcement is to be submitted:

Not applicable

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

Croatian

Last update: 14/02/2018

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Italy

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

Under Italian law, the court of the place of residence of the protected person is competent to order protection measures, and therefore to issue certificates in accordance with Article 5.

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

A protection measure ordered in another Member State is invoked and if necessary enforced under the supervision of the court of the place of residence, domicile or abode of the protected person at the time of the request.

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

The court of the place of residence, domicile or abode of the protected person is competent to effect the adjustment of protection measures in accordance with Article 11(1).

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

The same court as point (iii).

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

Italian

Last update: 03/01/2020

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Cyprus

Article 17 - Information made available to the public

Section 32 of the Courts of Justice Law, Law 14/60, states that every court in the exercise of its civil jurisdiction may grant a prohibitory injunction (interlocutory, perpetual or mandatory).

Under Section 16 of the Family Courts Law, Law 23/90, family courts enjoy the same powers.

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

The authority competent to order protection measures is the district court (Eparchiakó Dikastírio tis Dimokratías) of the district in which the applicant is residing or staying at the relevant time.

In the event of a dispute under family law, the competent authority is the family court (Oikogeneiakó Dikastírio tis Dimokratías) of the district where either the applicant or the defendant is residing or staying at the relevant time. If the dispute concerns a minor, jurisdiction lies with the family court of the district where the minor has been found.

The authority competent to issue certificates is the district court or family court that ordered the protection measure.

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

Authority before which a protection measure may be invoked:

In all instances, the competent authority is the district court of the district to which the person causing the risk has moved permanently or temporarily. If the address is unknown, the competent authority is the District Court of Nicosia.

Authority competent to enforce such a measure:

In all instances, the competent authority is the district court of the district in which the person causing the risk has moved permanently or temporarily. If the address is unknown, the competent authority is the District Court of Nicosia.

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

In all instances, the competent authority is the district court of the district in which the person causing the risk has moved permanently or temporarily. If the address is unknown, the competent authority is the District Court of Nicosia.

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

Court to which the application for refusal of recognition must be submitted:

The district court or family court before which the protection measure ordered in the Member State of origin has been invoked.

Where applicable, the court to which the application for refusal of enforcement must be submitted:

The district court or family court before which the protection measure ordered in the Member State of origin has been invoked.

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

Documents should be submitted in Greek. English translations are also accepted.

Last update: 07/04/2020

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Latvia

Article 17 - Information made available to the public

The rules and procedures applicable to protection measures in civil matters are governed by the Law on civil procedure.

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

The authorities in Latvia competent to order protection measures and issue certificates are district (or city) courts (Article 5411(45) of the Law on civil procedure).

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

The authorities competent to enforce a protection measure ordered in another Member State are district (or city) courts of the place where the decision is to be enforced or the declared place of residence of the defendant, or failing any such place, the defendant’s actual place of residence or registered office (Article 6513(1) of the Law on civil procedure).

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

The authorities competent to effect the adjustment of protection measures are the same district (or city) courts competent to enforce those measures (Article 6515(2) of the Law on civil procedure).

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

These are the district (or city) courts within whose jurisdiction the protection measure ordered by decision of a foreign court is to be enforced (Article 6443(43) of the Law on civil procedure).

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

Any transliteration or translation required under this Regulation is done into the official language of the Republic of Latvia, i.e. into Latvian.

Last update: 02/06/2020

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Lithuania

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

In Lithuania, protection measures falling within the scope of the Regulation are ordered by the courts. Certificates pursuant to Article 5 of the Regulation are issued by the court that ordered the protection measure.

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

In Lithuania, bailiffs are competent to enforce protection measures falling within the scope of the Regulation. If bailiffs are obstructed in enforcing protection measures falling within the scope of the Regulation, they have a general right to ask the police to remove those obstructions.

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

The protection measures falling within the scope of the Regulation are adjusted by the bailiffs enforcing the protection measure in accordance with Article 11(1).

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

Applications for refusal of recognition or, where applicable, enforcement of a protection measure should be submitted to the Lithuanian Court of Appeal.

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

Any transliterations or translations required under the Regulation for the purposes of communicating with the Lithuanian competent authorities must be in the official language of the Republic of Lithuania, i.e. Lithuanian.

Last update: 21/10/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Luxembourg

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

  • The competent authorities to order protection measures:

The Public Prosecutor (Procureur d'État) (pursuant to the amended Act of 8 September 2003 concerning domestic violence) and the presiding judge of the District Court (Tribunal d'Arrondissement) (pursuant to Articles 1017-1 to 1017-12 of the New Code of Civil Procedure).

  • The competent authorities to issue certificates:

The Public Prosecutor (pursuant to the amended Act of 8 September 2003 concerning domestic violence) and the presiding judge of the District Court (pursuant to Articles 1017-1 to 1017-12 of the New Code of Civil Procedure).

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

  • The authorities before which a protection measure ordered in another Member State is to be invoked:

The Public Prosecutor and, for periodic penalty payments (astreintes), the presiding judge of the District Court.

  • The authorities which are competent to enforce such a measure:

The Public Prosecutor and, for periodic penalty payments, the presiding judge of the District Court.

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

The presiding judge of the District Court, on an application for interim relief.

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

The presiding judge of the District Court, on an application for interim relief.

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

Luxembourg accepts French and German.

Last update: 26/02/2020

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Hungary

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

District courts.

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

The district courts, the district offices of the Budapest and county Government Offices (hereinafter collectively ‘district offices’) and the police.

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

District Court

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

District Court

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

Hungarian

Last update: 25/07/2018

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Malta

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

Civil Court (Family Section)

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

Director responsible for the Civil Courts and Tribunals

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

Civil Court (Family Section)

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

Civil Court (Family Section)

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

Maltese or English language

Last update: 21/12/2016

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Netherlands

Article 17 - Information made available to the public

Victims who want to obtain a protection measure in the Netherlands have to bring civil proceedings (proceedings for interim relief (kort geding)). This must be done through a lawyer, who will provide information on the procedure to be followed and conduct the proceedings on behalf of the victim.

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

Courts competent to order a protection measure: courtsPDF(167 Kb)nl

If a protection measure has been ordered on the basis of the Temporary Restraining Order Act (Wet tijdelijk huisverbod):
the mayor of the place where the temporary restraining order is to apply.

The same authority that ordered a protection measure is also authorised to issue the certificate.

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

•             A bailiff (deurwaarder)

•             In the case of a protection measure issued on the basis of the Temporary Restraining Order Act: the police.

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

Voorzieningenrechter Rechtbank Den Haag (judge hearing applications for interim relief at the District Court of The Hague)

Prins Clauslaan 60, 2595 AJ Den Haag

PO Box 20302, 2500 EH Den Haag

 

Gerechtshof Den Haag (District Court of The Hague)

Prins Clauslaan 60, 2595 AJ Den Haag

PO Box 20302, 2500 EH Den Haag

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

Voorzieningenrechter Rechtbank Den Haag

Prins Clauslaan 60, 2595 AJ Den Haag

PO Box 20302, 2500 EH Den Haag

 

Gerechtshof Den Haag

Prins Clauslaan 60, 2595 AJ Den Haag

PO Box 20302, 2500 EH Den Haag

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

Dutch

Last update: 24/07/2018

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Austria

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

  • The competent authorities to order protection measures:

The District Courts. In rare cases, a protection measure can also be ordered by a Regional Court as a Court of First Instance if the main proceedings are pending before it. In the course of appeal procedures, protection measures may also be ordered by Regional Courts but also by Higher Regional Courts or the Supreme Court as Courts of Appeal.

  • The competent authorities to issue certificates:

The District Courts. If, by way of an exception, a protection measure is ordered by a Regional Court, a higher Regional Court or the Supreme Court, then this court is also responsible for issuing the certificate.

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

  • The authorities before which a protection measure ordered in another Member State is to be invoked:

The District Courts.

  • The authorities which are competent to enforce such a measure:

The District Courts, which may also entrust the police services with enforcement

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

The District Courts.

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

The District Courts.

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

German is the only language which is accepted.

Last update: 09/01/2015

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Poland

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

Authorities competent to order protection measures:

District courts, regional courts, courts of appeal

Authorities competent to issue certificates:

District courts, regional courts and courts of appeal which issued the ruling on the protection measures

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

District courts

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

District courts

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

Regional courts

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

Polish

Last update: 04/04/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Portugal

Article 17 - Information made available to the public

In the Portuguese legal system, protective measures are essentially criminal in nature and are provided for in the Criminal Code, the Code of Criminal Procedure and Law No 112/2009 of 16 September 2009 laying down the legal framework applicable to the prevention of domestic violence and the protection and assistance of victims thereof.

However, in the field of civil law it is possible to impose protective measures by means of general protection of personality. Article 70(2) of the Civil Code states: ‘Irrespective of any civil liability involved, the threatened or offended person may request that injunction measures appropriate to the circumstances be taken in order to prevent the threat from being carried out or to mitigate the effect of the offence already caused.’

Accordingly, civil procedural law provides for the adoption of specific injunction measures to prevent any unlawful and direct threat to the physical or moral personality of a human being from being carried out or to mitigate or bring to an end the effects of an offence already caused (Article 874 of the Code of Civil Procedure).

Articles 875 and 876 of the Code of Civil Procedure govern certain procedural aspects of this type of procedure. In short, under civil procedural law, if a request for such injunction measures is accepted, the court then determines the specific conditions of conduct to which the defendant is subject and, where appropriate, a deadline for compliance, as well as the mandatory financial penalty for each day of late compliance or for each infringement, whichever is more appropriate in the case in question.

There is also provision for the issuance of an interim ruling, which is not open to appeal and may subsequently be amended or confirmed in the actual procedure, in cases where an assessment of the evidence submitted by the person requesting injunction measures reveals the possibility of imminent and irreversible harm to their physical or moral personality and if, alternatively:

a) the court is unable to form a sure opinion on the existence, extent or severity of the threat or the offence caused;

b) reasons of special urgency make injunction measures necessary without the opposing party being heard.

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

Not applicable.

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

The Portuguese authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure are: General Divisions (Juízo de Competência Genérica) or Local Civil Divisions (Juízo local cível) of the relevant court.

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

The Portuguese authorities competent to adjust protection measures in accordance with Article 11(1) are: General Divisions or Local Civil Divisions of the district court with jurisdiction.

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

The courts to which applications for refusal of recognition and, where applicable, enforcement are to be submitted in accordance with Article 13 are: General Divisions or Local Civil Divisions of the district court with jurisdiction.

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

The language in which the translations referred to in Article 16(1) are accepted is Portuguese.

Last update: 20/05/2020

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Slovenia

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

In Slovenia district courts (okrožna sodišča) are competent under Article 18(a).

Their addresses and contact detailsPDF(170 Kb)en

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

In Slovenia district courts (okrožna sodišča) are competent under Article 18(a).

Their addresses and contact detailsPDF(170 Kb)en

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

In Slovenia district courts (okrožna sodišča) are competent under Article 18(a).

Their addresses and contact detailsPDF(170 Kb)en

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

In Slovenia district courts (okrožna sodišča) are competent under Article 18(a).

Their addresses and contact detailsPDF(170 Kb)en

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

The official language of Slovenian courts is Slovenian. At Koper District Court Italian is also an official language, alongside Slovenian.

Last update: 09/01/2015

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Finland

Article 17 - Information made available to the public

In Finland, the protection measures referred to in Directive 2011/99/EU and Regulation (EU) No 606/2013 are laid down in the Act on Restraining Orders (898/1998).

The Act provides for the imposition of a restraining order to prevent a crime against life, health, liberty or privacy, a threat of such a crime or any other kind of severe harassment. If the person who feels threatened and the person against whom a restraining order is requested live permanently in the same residence, a restraining order may be imposed to prevent a crime against life, health or liberty or a threat of such a crime (inside-the-family restraining order).

Directive 2011/99/EU applies to restraining orders imposed in Finland, if the restraining order has been imposed as a result of a crime or an alleged crime. If the restraining order is not related to a crime as referred to in the Directive, it is subject to Regulation (EU) No 606/2013.

As specified in more detail in the relevant judgment, a person subject to a restraining order may not meet the person under protection or otherwise contact or try to contact him or her (a basic restraining order). It is also forbidden to follow and observe the person under protection. A person subject to an inside-the-family restraining order must leave the residence where he or she and the person under protection live permanently together, and he or she may not return there. If there is reason to believe that a basic restraining order is insufficient, the restraining order may be extended. In this case the restraining order also applies to being in the vicinity of the permanent residence, holiday residence or workplace of the person under protection or in the vicinity of another comparable place specified separately (extended restraining order). However, the restraining order does not apply to contacts for which there is an appropriate reason and that are manifestly necessary. The arrangement of any necessary contacts should preferably be provided for already in the decision on the restraining order.

A restraining order may be imposed for at most one year. An inside-the-family restraining order may be imposed for at most three months. A restraining order enters into force following the district court’s decision to impose such an order. The decision must be complied with regardless of appeal, unless the higher court hearing the case rules otherwise. A restraining order may be renewed. In case of renewal, the restraining order may be imposed for at most two years. An inside-the-family restraining order may be renewed for at most three months.

The imposition of a restraining order may be requested by anyone who has a justified reason to feel threatened or harassed by another person. The request may also be made by a prosecuting, police or social welfare authority. The request may be made orally or in writing using a specific form.

Cases concerning restraining orders are resolved by the district court. The court with jurisdiction is the district court of the place where the person to be protected resides or where the restraining order would principally be applied. If the person against whom a restraining order is requested is suspected of a crime that may be relevant when resolving the case relating to the restraining order, the competent criminal court is competent also in the matter of the restraining order.

In so far as appropriate, the provisions concerning criminal procedure apply to the hearing in court of a case relating to a restraining order. In Finnish case-law, a restraining order is imposed almost without exception as an independent measure separately from the hearing of a criminal case, although under the law it may also be dealt with in connection with criminal proceedings.

A restraining order may be imposed if there are reasonable grounds to assume that the person against whom the order is requested is likely to commit a crime against the life, health, liberty or privacy of the person who feels threatened or severely harass him or her in some other way.

An inside-the-family restraining order may be imposed if the person against whom the restraining order is requested is likely, as judged from the threats he or she has made and any previous offences or other behaviour, to commit a crime against the life, health or liberty of the person who feels threatened, and the imposition of a restraining order is not unreasonable considering the severity of the impending crime, the circumstances of the persons living in the same household and other facts presented in the case.

When assessing the prerequisites for imposing a restraining order, attention must be paid to the circumstances of the persons involved, the nature of any past crime or harassment and whether it has been repeated, as well as the likelihood that the person against whom the restraining order is requested will continue the harassment or commit a crime against the person who feels threatened.

A temporary restraining order may also be imposed. The imposition of a temporary restraining order is decided by an official with the power of arrest or by a court. The official with the power of arrest must without delay and not later than within three days submit his or her decision to the consideration of the competent district court.

In principle, the parties themselves are liable for the costs arising from the consideration of a case relating to a restraining order. However, if there are weighty reasons to do so, the court may order a party to pay for part or all of the reasonable legal costs of the opposite side. No court fee is charged.

The parties have the right to use a lawyer, and they are also entitled to free legal assistance if the conditions laid down in the Legal Aid Act (257/2002) are met.

The court must immediately enter into the police computer system a judgment imposing, repealing or amending a restraining order.

The judgment is also notified to the applicant, the person to be protected by the restraining order and the person against whom the restraining order was requested. The judgment must be served in a verifiable manner to the person against whom the restraining order was imposed, unless it was declared or delivered in the person’s presence.

The police supervises the enforcement of restraining orders.

Violations of restraining orders are punishable under Chapter 16, Section 9a of the Criminal Code (39/1889).

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

Authorities competent to order protection measures

General courts (district courts, appeal courts and the Supreme Court)

Authorities competent to issue certificates in accordance with Article 5

General courts (district courts, appeal courts and the Supreme Court)

The certificate is issued by the court that imposed a restraining order covered by the scope of the Regulation and referred to in the Act on Restraining Orders (898/1998).

The certificate is issued in accordance with Articles 5-7 of the Regulation. The certificate is notified to the person causing the risk in accordance with Article 8 of the Regulation and Section 5 of the Act (227/2015) implementing the Regulation of the European Parliament and of the Council on mutual recognition of protection measures in civil matters.

https://oikeus.fi/tuomioistuimet/fi/index.html

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

Helsinki District Court.

Contact information: Link opens in new windowhttp://www.oikeus.fi/karajaoikeudet/helsinginkarajaoikeus/fi/index.html

A protection measure imposed in another Member State is recognised in Finland in accordance with Article 4(1) of the Regulation without a separate procedure, as laid down in Section 4 of the Act (227/2015) implementing the Regulation of the European Parliament and of the Council on mutual recognition of protection measures in civil matters. Such a protection measure is entered in the register referred to in Section 15 of the Act on Restraining Orders (898/1998) in the same way as a restraining order imposed in Finland.

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

Helsinki District Court.

Contact information: http://www.oikeus.fi/karajaoikeudet/helsinginkarajaoikeus/fi/index.html

The adjustment of a protection measure is done as specified in Article 11 of the Regulation in accordance with the written procedure referred to in Section 3 of the Act (227/2015) implementing the Regulation of the European Parliament and of the Council on mutual recognition of protection measures in civil matters.

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

Helsinki District Court.

Contact information: http://www.oikeus.fi/karajaoikeudet/helsinginkarajaoikeus/fi/index.html

Recognition or enforcement of the judgment is refused pursuant to Article 13 of the Regulation, in accordance with the written procedure referred to in Section 3 of the Act (227/2015) implementing the Regulation of the European Parliament and of the Council on mutual recognition of protection measures in civil matters.

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

The accepted languages are Finnish, Swedish and English. A certificate issued in another language may also be accepted, provided there is no other obstacle to its acceptance.

Last update: 02/03/2020

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Sweden

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

In Swedish law there are no civil law protection measures of the kind referred to in Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters. There is consequently no authority with power to order such measures or to issue certificates in accordance with Article 5.

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

A protection measure ordered in another Member State can be invoked before the public prosecutor (åklagaren) of the place where the measure is to apply or is chiefly to apply.

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

The public prosecutor of the place where the measure is to apply or is chiefly to apply is competent to effect the adjustment of protection measures in accordance with Article 11(1).

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

An application for refusal of recognition in accordance with Article 13 should be brought in the District Court (tingsrätt) of Stockholm.

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

Swedish.

Last update: 23/07/2018

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - England and Wales

Article 17 - Information made available to the public

In England and Wales

Outgoing protection measures (i.e. those applications ordered in the UK to be recognised & enforced in other EU member States)

Any applicant for (or recipient of) a domestic protection measure within scope of the Regulation (e.g. those found in injunctions under the Protection from Harassment Act 1997, or in the family context, non-molestation orders, occupation orders and forced marriage protection orders) will be able to apply for a protection measure certificate under this scheme to extend that protection to another EU member state from the court that issued it. In England and Wales these courts will be:

  • the family court
  • the county court
  • the High Court (both Family Division and Queen’s Bench Division)
  • the magistrates’ courts (which can issue Domestic Violence Protection Orders)
  • Court of Protection

The detail of the relevant procedures to be followed in relation to these measures are set out in legislation and in the applicable Family or Civil Procedure Rules (FPR or CPR), which are the new FPR Part 38 (FPR Practice Direction 38A) and the new Section VI of CPR Part 74.

Help in making an application is available through any of these courts. A leaflet is also being made available and this will be accessible via the court service (HMCTS) website

If satisfied the conditions are met, the court issues a certificate in prescribed form (common throughout the EU). This is given to the protected person/applicant. The protected person can also request that the court provide her or him with a translated certificate.

The court notifies the ‘person causing the risk’ that the certificate has been issued (and is applicable anywhere in the EU). There is no appeal against the issuance of a certificate, though there can be an application for rectification or withdrawal.

The certificate means the protected person automatically has the protection measure recognised and if needed enforceable in any other member State (except Denmark, which is not bound by the Regulation).

The recognition and enforcement of an incoming (to UK from another member State) protection measure

A protection measure issued in another Member State is automatically recognised without special procedure being required, and is enforceable without a declaration of enforceability. There is no need to present it to court for recognition.

If a protected person requires an ‘adjustment of the factual elements’ (e.g. new address etc) of her/his protection measure, and/or seeks enforcement of the measure if there has been an alleged breach, s/he can apply to one of the following courts in England and Wales:

  • the family court;
  • the county court;
  • the High Court (Family Division).

These courts can adjust the measure accordingly (if that has been requested.) The person posing the risk is informed of the adjustments made (and of the penalties for breach).

These courts can enforce the protection measure by applying any of the civil sanctions that they can apply when enforcing domestic protection measures such as non-molestation orders or injunctions under the Protection from Harassment Act 1997.

A ‘person causing the risk’ can apply to one of these courts to refuse to recognise or enforce the incoming protection measure, but there are specific and limited grounds for the court to do so; the measure would have to be manifestly contrary to public policy, or irreconcilable with a domestic decision.

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

In England and Wales

  • the family court
  • the county court
  • the High Court (both Family Division and Queen’s Bench Division)
  • the magistrates’ courts
  • Court of Protection

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

In England and Wales

  • the family court;
  • the county court;
  • the High Court (Family Division).

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

In England and Wales

  • the family court;
  • the county court;
  • the High Court (Family Division).

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

In England and Wales

  • the county court;
  • the family court;
  • the High Court (Family Division).

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

English in all jurisdictions in the UK

Last update: 26/04/2017

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Northern Ireland

Article 17 - Information made available to the public

In Northern Ireland

Outgoing protection measures (i.e. those applications ordered in the UK to be recognised & enforced in other EU member States)

Any applicant for (or recipient of) a domestic protection measure within scope of the Regulation can apply for a protection measure certificate under this scheme to extend that protection to another EU member state from the court that issued it. In Northern Ireland these courts are:

  • a county court
  • the High Court
  • a magistrates’ court

If satisfied the conditions are met, the court issues a certificate in prescribed form (common throughout the EU). This is given to the protected person/applicant. The protected person can also request that the court provide her or him with a translated certificate.

The court notifies the ‘person causing the risk’ that the certificate has been issued (and is applicable anywhere in the EU). There is no appeal against the issuance of a certificate, though there can be an application for rectification or withdrawal.

The certificate means the protected person automatically has the protection measure recognised and if needed enforceable in any other member State (except Denmark, which is not bound by the Regulation).

The EU certificate is available, on application, from the court that issued the domestic protection measure.

 

The recognition and enforcement of an incoming (to UK from another member State) protection measure

A protection measure issued in another Member State is automatically recognised without special procedure being required, and is enforceable without a declaration of enforceability. There is no need to present it to court for recognition.

If a protected person requires an ‘adjustment of the factual elements’ (e.g. new address etc) of her/his protection measure, and/or seeks enforcement of the measure if there has been an alleged breach, s/he can apply to one of the following courts in Northern Ireland:

  • a county court;
  • the High Court.

These courts can adjust the measure accordingly (if that has been requested.) The person posing the risk is informed of the adjustments made (and of the penalties for breach).  These courts can enforce the protection measure by applying any of the civil sanctions that they can apply when enforcing domestic protection measures such as non-molestation orders or injunctions under the Protection from Harassment (Northern Ireland) Order 1997.

A ‘person causing the risk’ can apply to one of these courts to refuse to recognise or enforce the incoming protection measure, but there are specific and limited grounds for the court to do so; the measure would have to be manifestly contrary to public policy, or irreconcilable with a domestic decision.

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

In Northern Ireland

  • the High Court
  • a county court
  • a magistrates’ court     

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

In Northern Ireland

  • The High Court
  • a county court

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

In Northern Ireland

  • the High Court
  • a county court  

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

In Northern Ireland

  • the High Court
  • a county court  

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

English in all jurisdictions in the UK

Last update: 06/11/2018

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Scotland

Article 17 - Information made available to the public

In Scotland

Outgoing protection measures (i.e. those applications ordered in the UK to be recognised & enforced in other EU member States)

Any applicant for (or recipient of) a domestic protection measure within scope of the Regulation  will be able to apply for a protection measure certificate under this scheme to extend that protection to another EU member state from the court that issued it. In Scotland these courts will be:

  • the Court of Session
  • the sheriff court

If satisfied the conditions are met, the court issues a certificate in prescribed form (common throughout the EU). This is given to the protected person/applicant. The protected person can also request that the court provide her or him with a translated certificate.

The court notifies the ‘person causing the risk’ that the certificate has been issued (and is applicable anywhere in the EU). There is no appeal against the issuance of a certificate, though there can be an application for rectification or withdrawal.

The certificate means the protected person automatically has the protection measure recognised and if needed enforceable in any other member State (except Denmark, which is not bound by the Regulation).

The EU certificate will be available, on application, from the court that issued the domestic protection measure.

The recognition and enforcement of an incoming (to UK from another member State) protection measure

A protection measure issued in another Member State is automatically recognised without special procedure being required, and is enforceable without a declaration of enforceability. There is no need to present it to court for recognition.

If a protected person requires an ‘adjustment of the factual elements’ (e.g. new address etc) of her/his protection measure, and/or seeks enforcement of the measure if there has been an alleged breach, s/he can apply to the Court of Session and the sheriff court has jurisdiction in these areas.

These courts can adjust the measure accordingly (if that has been requested.) The person posing the risk is informed of the adjustments made (and of the penalties for breach).

These courts can enforce the protection measure by treating them in the same way as an interdict granted by a court in Scotland.

A ‘person causing the risk’ can apply to one of these courts to refuse to recognise or enforce the incoming protection measure, but there are specific and limited grounds for the court to do so; the measure would have to be manifestly contrary to public policy, or irreconcilable with a domestic decision.

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

In Scotland

  • the Court of Session
  • the Sheriff Court

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

In Scotland

  • the Court of Session
  • the Sheriff Court
  • In Northern Ireland
  • the High Court
  • the county courts

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

In Scotland

  • the Court of Session
  • the Sheriff Court

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

In Scotland

  • the Court of Session
  • the Sheriff Court

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

English in all jurisdictions in the UK

Last update: 17/02/2020

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Mutual recognition of protection measures in civil matters - Gibraltar

Article 17 - Information made available to the public

In Gibraltar

Outgoing protection measures (i.e. those applications ordered in the UK to be recognised & enforced in other EU member States)

Any applicant for (or recipient of) a domestic protection measure within scope of the Regulation will be able to apply for a protection measure certificate under this scheme to extend that protection to another EU member state from the court that issued it.

In Gibraltar the EU certificate will be available from the Supreme Court of Gibraltar, the applicable legislation is; the Recognition of Protection Measures Regulations 2015 and the Civil Procedure Rules apply to both civil and family proceedings. Where the conditions are met the Supreme Court of Gibraltar shall issue the protected person with the prescribed certificate in the common EU format and shall notify ‘the person causing the risk’.

If satisfied the conditions are met, the court issues a certificate in prescribed form (common throughout the EU). This is given to the protected person/applicant. The protected person can also request that the court provide her or him with a translated certificate.

The court notifies the ‘person causing the risk’ that the certificate has been issued (and is applicable anywhere in the EU). There is no appeal against the issuance of a certificate, though there can be an application for rectification or withdrawal.

The certificate means the protected person automatically has the protection measure recognised and if needed enforceable in any other member State (except Denmark, which is not bound by the Regulation).

The recognition and enforcement of an incoming (to UK from another member State) protection measure

A protection measure issued in another Member State is automatically recognised without special procedure being required, and is enforceable without a declaration of enforceability. There is no need to present it to court for recognition.

In Gibraltar an EU protection order has the same force and effect as one of the Supreme Court; it is automatically recognised and directly enforceable. Where an application for alteration of an EU protection order is made to the Supreme Court the Supreme Court may adjust the measure accordingly and the Supreme Court will inform ‘the person posing the risk’ of such alteration(s).

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

In Gibraltar

  • The Supreme Court

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

In Gibraltar

  • The Supreme Court

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

In Gibraltar

  • The Supreme Court

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

In Gibraltar

  • The Supreme Court
Last update: 28/04/2017

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.