National information concerning Regulation 2016/1104
In June 2016, the European Union adopted a Regulation concerning the property consequences of international registered partnerships aimed at helping couples to manage their property on a daily basis and to divide it in case of dissolution or the death of one of the couple's members. The Regulation was adopted under the procedure of enhanced cooperation by 18 EU countries: Sweden, Belgium, Greece, Croatia, Slovenia, Spain, France, Portugal, Italy, Malta, Luxembourg, Germany, the Czech Republic, the Netherlands, Austria, Bulgaria, Finland and Cyprus. Other EU countries can join the Regulation any time (in such case the country will also have to join the Regulation concerning the property regimes of marriages).
The Regulation provides international registered partnerships with legal certainty and reduces the costs of legal proceedings as couples will know with clarity which EU country’s courts should deal with matters concerning their property and which national law should apply to resolve such matters. The Regulation also facilitates the recognition and enforcement of decisions on property matters given in one EU country in another EU country. As a couple's property must be divided in case of death, the Regulation facilitates the application of EU rules on cross-border successions. The Regulation is applicable from 29 January 2019.
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With competence to deal with applications for a declaration of enforceability: the court of first instance, more specifically the family court (‘tribunal de la famille’).
As regards appeals against decisions on such applications:
Decisions delivered on appeal are subject to review by the Court of Cassation (‘Cour de Cassation’) alone.
No other authorities within the meaning of Article 3(2).
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In the Czech Republic it is the district courts [okresní soudy].
Only extraordinary remedial measures may be used, namely:
- action for annulment [zmatečnost];
- action to re-open proceedings [žaloba na obnovu řízení];
- review of an appeal [dovolání].
All the extraordinary appeal procedures listed should be lodged with the court which ruled on the case at first instance.
There are no authorities of this type in the Czech Republic.
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.
Applications for a declaration of enforceability in accordance with Article 44(1) of the two Regulations must be submitted to the competent local court - family court. The court with exclusive territorial jurisdiction is the local court at the seat of the higher regional court in whose district the debtor is resident or in whose district the judgment is to be enforced.
Decisions on a declaration of enforceability taken by local courts may be appealed against to the higher regional court, in accordance with Article 49(2) of the Regulations.
Decisions on the appeal may be appealed before the Federal Court of Justice, in accordance with Article 50 of the Regulations.
Not applicable
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The competent court for declaring the enforceability of a decision concerning matrimonial property regimes and the property consequences of registered partnerships on the application of the interested party, under Article 44(1) of the Regulations in question, is the Single‑Member Court of First Instance (Monomeles Protodikeio) during the non-contentious proceedings (Article 740 et seq. of the Code of Civil Procedure).
The competent court for appeals in adversarial proceedings against decisions on applications for a declaration of enforceability in accordance with Article 49(2) of the Regulations in question, is the Court of Appeal (Efeteio). According to the case-law of the Court of Cassation, this takes the form of an application/appeal tried at first and final instance by the Court of Appeal, by way of exception to the rule of Article 12(2) of the Code of Civil Procedure.
A decision of the Court of Appeal under Article 50 of the Regulations in question, as described under point (b), may be contested by an appeal in cassation.
Not applicable
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The court with jurisdiction to deal with applications for a declaration of enforceability is the Court of First Instance (Juzgado de Primera Instancia) of the place of domicile of the party against which recognition or enforcement is sought or of the place of enforcement.
Appeal against a decision. The court with jurisdiction to handle appeals is the Provincial Court (Audiencia Provincial).
The procedures to contest a decision given on appeal by the Provincial Court may be in the form of an extraordinary appeal for breach of procedure (recurso extraordinario por infracción procesal) or an appeal in cassation (recurso de casación).
In Spain, there are no authorities with the characteristics and scope listed in Article 3(2) falling under this Regulation.
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.
The applications referred to in Article 44 are to be submitted to the chief registrar (greffier en chef) of the court (tribunal judiciaire) (Articles 509(1) and 509(2) of the Code of Civil Procedure (Code de procédure civile)) where they relate to a court decision or court settlement, and to the president of the Association of Notaries (chambre des notaires), or his or her replacement in case of absence or incapacity (Article 509-3 of the Code of Civil Procedure), if they relate to an authentic instrument.
The appeals referred to in Article 49(2) are lodged before the president of the court (Article 509-9 of the Code of Civil Procedure).
Where they relate to a court decision or court settlement:
*Applications for a declaration of enforceability of a decision of a French court to be recognised and enforced abroad are submitted to the chief registrar of the court issuing the decision or approving the agreement (Article 509-1 of the Code of Civil Procedure).
*Applications for a declaration of enforceability, on French territory, of foreign enforcement orders, are submitted to the chief registrar of the court (Article 509-2 of the Code of Civil Procedure).
if they relate to an authentic instrument;
*Application for the certification of French authenticated notarial acts in view of their recognition and implementation abroad are submitted to the notary or the legal entity owning the notary's office which keeps the original of the document received (Article 509-3 of the Code of Civil Procedure).
*Application for the certification of foreign authenticated notarial acts on French territory are submitted to the president of the Association of Notaries, or his or her replacement in case of absence or incapacity (Article 509-3 of the Code of Civil Procedure).
Appeals referred to in Article 49(2):
Appeals against declarations of enforceability of foreign enforcement orders and acts on French territory, are submitted to the president of the court (Article 509-9 of the Code of Civil Procedure).
A decision handed down by the president of the court on an appeal can be contested only by bringing an appeal on a point of law (pourvoi en cassation) before the court of Cassation (Cour de Cassation).
The grounds for an appeal on a point of law may differ (ruling contravening the law, misuse of power, lack of jurisdiction, lack of legal basis, lack of legal grounds, conflicting judgments, etc.), but in each case the court limits itself to a review of the application of the law. This means that the Court of Cassation checks that the ruling did not contravene the law or disregard the rule of law but does not examine the facts of the case.
Cour de cassation
5 quai de l’Horloge
75055 Paris
Not applicable
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Applications for a declaration of enforceability in accordance with Article 44(1) and appeals against decisions on such applications in accordance with Article 49(2) are to be lodged with the municipal courts.
The responsible courts are:
All municipal courts under the Territories and Seats of Courts Act (Narodne novine (NN; Official Gazette of the Republic of Croatia) No 128/14).
Under applicable national law in Croatia, there is no mechanism by which, for the purposes of Article 50, a decision on a legal remedy may be further contested, i.e. there are no courts with which a further appeal may be lodged.
In Croatia, the municipal courts are responsible for dealing with non-litigious and enforcement cases under the Courts Act (NN Nos 28/13, 33/15, 82/15, 82/16). Therefore, under applicable national law in Croatia, there are no other competent authorities or legal professionals in accordance with Article 3(2) of the Regulation with competence in matters of matrimonial property regimes which exercise judicial functions or act by delegation of power by a judicial authority or under its control.
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.
The court with competence to deal with applications for a declaration of enforceability in accordance with Article 44(1) is the Court of Appeal [Corte di Appello].
The court with competence to deal with appeals against decisions on applications for a declaration of enforceability in accordance with Article 49(2) is the Supreme Court of Cassation [Suprema Corte di Cassazione].
The decision given on appeal may be contested through:
1) an application for revision in accordance with Article 391-bis and ter of the Code of Civil Procedure;
2) an application initiating third-party proceedings in accordance with Article 391-ter of the Code of Civil Procedure.
An application for correction may also be submitted against the decision if the judgment is affected by clerical mistakes or errors in calculation.
For the purposes of Article 3(2) this includes:
lawyers acting under the assisted negotiation [negoziazione assistita] procedure in accordance with Article 6 of Decree-Law No 132 of 2014;
civil registrars acting under the assisted negotiation procedure in accordance with Article 12 of Decree-Law No 132 of 2014.
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.
The courts with competence to deal with applications for a declaration of enforceability are the Family Courts. Appeals against decisions on such applications are heard by the Second-Instance Family Court (Defterobáthmio Oikogeneiakó Dikastírio).
The procedures to contest the decision given on appeal are the appeal procedure laid down in Article 25 of the Courts of Justice Law, Law 14/60, and the issuing of prerogative writs in accordance with Article 155 of the Constitution.
Not applicable
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Courts or authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 44(1):
President of the District Court (Tribunal d’arrondissement)
Contact details:
Tribunal d’arrondissement de Luxembourg
Cité judiciaire
L-2080 Luxembourg
Tel.: 00352 475981-1
Tribunal d’arrondissement de Diekirch
Palais de Justice
Place Guillaume
L–9237 Diekirch
Tel.: 00352 803214-1
Courts or authorities with competence to deal with appeals against decisions on such applications in accordance with Article 49(2):
Court of Appeal sitting in civil matters (Cour d’appel siégeant en matière civile)
Contact details:
Cour d’appel
Cité judiciaire
L-2080 Luxembourg
Tel.: 00352 475981-1
Procedures to contest the decision given on appeal referred to in Article 50:
Court of Cassation
Contact details:
Cour de cassation
Cité judiciaire
L-2080 Luxembourg
Tel.: 475981-369/373
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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.
The courts with jurisdiction to deal with applications for a declaration of enforceability under Article 44(1) of the Regulation are the Enforcement Court (Exekutionsgericht) or District Court (Bezirksgericht) where the defendant is domiciled.
The court with jurisdiction to deal with appeals against decisions on applications for a declaration of enforceability is the higher Regional Court (Landesgericht); however, the appeal must be lodged with the court of first instance that issued the decision.
Appeals against points of law (Revisionsrekurs) are made to the Supreme Court (Oberster Gerichtshof) but must be lodged with the court of first instance.
In Austria, there are no other authorities or legal professionals with competence within the meaning of Article 3(2) in matters of property consequences.
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.
The courts or authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 44(1) are as follows:
- the local civil division (juízo local cível), if one exists; or
- the general division (juízo de competência genérica) of the district court (tribunal de comarca) with jurisdiction.
In accordance with Article 49(2), appeals against decisions on such applications are heard by the courts of appeal (Tribunais da Relação).
For the purposes of Article 50, a decision given on appeal can only be contested by bringing an appeal on a point of law (recurso de revista) before the Supreme Court of Justice (Supremo Tribunal de Justiça).
Not applicable.
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.
Declaration of enforceability:
District Court
Appeal against a decision of the District Court:
Court of Appeal
An appeal against a decision of the Court of Appeal is an appeal to the Supreme Court, if the Supreme Court grants leave to appeal (Chapter 30, Sections 1-3 of the Code of Judicial Procedure)
Executor appointed by the court
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District court Territorial jurisdiction
Nacka district court (Nacka tingsrätt) Stockholm County (Stockholms län)
Uppsala district court Uppsala County
Eskilstuna district court Södermanland County
Linköping district court Östergötland County
Jönköping district court Jönköping County
Växjö district court Kronoberg County
Kalmar district court Kalmar County
Gotland district court Gotland County
Blekinge district court Blekinge County
Kristianstad district court Municipalities (kommuner) of Bromölla, Båstad, Hässleholm, Klippan, Kristianstad, Osby, Perstorp, Simrishamn,Tomelilla, Åstorp, Ängelholm, Örkelljunga and Östra Göinge
Malmö district court Municipalities of Bjuv, Burlöv, Eslöv, Helsingborg, Höganäs, Hörby, Höör, Kävlinge, Landskrona, Lomma, Lund, Malmö, Sjöbo, Skurup, Staffanstorp, Svalöv, Svedala, Trelleborg, Vellinge and Ystad
Halmstad district court Halland County
Göteborg district court Municipalities of Göteborg, Härryda, Kungälv, Lysekil, Munkedal, Mölndal, Orust, Partille, Sotenäs, Stenungsund, Strömstad, Tanum, Tjörn, Uddevalla and Öckerö
Vänersborg district court Municipalities of Ale, Alingsås, Bengtsfors, Bollebygd, Borås, Dals-Ed, Färgelanda, Herrljunga, Lerum, Lilla Edet, Mark, Mellerud, Svenljunga, Tranemo, Trollhättan, Ulricehamn, Vårgårda, Vänersborg and Åmål
Skaraborg district court Municipalities of Essunga, Falköping, Grästorp, Gullspång, Götene, Habo, Hjo, Karlsborg, Lidköping, Mariestad, Mullsjö, Skara, Skövde, Tibro, Tidaholm, Töreboda and Vara
Värmland district court Värmland County
Örebro district court Örebro County
Västmanland district court Västmanland County
Falu district court Dalarna County
Gävle district court Gävleborg County
Ångermanland district court Västernorrland County
Östersund district court Jämtland County
Umeå district court Västerbotten County
Luleå district court Norrbotten County
An appeal (överklagande) to the Court of Appeal (hövrätt) or to the Supreme Court (Högsta domstolen). The appeal has to be lodged at the court that has given judgment. The appeal will be heard only if the Court of Appeal or the Supreme Court grants leave to appeal (prövningstillstånd).
Executor (bodelningsförrättare)
Estate administrator (boutredningsman)
In summary proceedings concerning payment orders or assistance, the Enforcement Authority (Kronofogdemyndigheten)
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