EU Private International Law

EU Private International Law

Third Edition

Elgar European Law series

Peter Stone

Thoroughly revised and updated, this third edition of EU Private International Law incorporates many developments in legislation and case-law since the publication of the second edition in 2010. Building on the book’s reputation for comprehensive coverage and attention to detail, Peter Stone provides an authoritative and accessible introduction to the subject.

Chapter 17: Matrimonial proceedings

Peter Stone

Subjects: law - academic, european law, private international law

Extract

The jurisdiction of the courts of the EU Member States to entertain matrimonial proceedings, and the recognition between Member States of matrimonial decrees, is now governed by EC Regulation 2201/2003 concerning Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and the Matters of Parental Responsibility, which may conveniently be referred to as the Brussels IIA Regulation. This Regulation became applicable on 1st March 2005 in the 24 then Member States other than Denmark; on 1st January 2007 in Bulgaria and Romania; and on 1st July 2013 in Croatia. It is on the provisions of the Brussels IIA Regulation which deal with matrimonial jurisdiction and decrees that this Chapter is focused. Matrimonial jurisdiction and decrees had previously been regulated by EC Regulation 1347/2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility for Children of Both Spouses, which is commonly known as the Brussels II Regulation. That Regulation had entered into force on 1st March 2001 for the 14 then Member States other than Denmark,and on 1st May 2004 for the ten States which joined the European Community in 2004. The Brussels II Regulation had in turn replaced the Convention of 28th May 1998 on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters, which is commonly referred to as the Brussels II Convention, but which had not entered into force. As from 1st March 2005 the Brussels IIA Regulation has repealed and replaced the Brussels II Regulation.

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