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Regulation (EU) No 606/2013 CHAPTER I — SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1–Article 3 · 3 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Subject matter

Article 1

This Regulation establishes rules for a simple and rapid mechanism for the recognition of protection measures ordered in a Member State in civil matters.

Scope

Article 2

1.   This Regulation shall apply to protection measures in civil matters ordered by an issuing authority within the meaning of point (4) of Article 3. 2.   This Regulation shall apply to cross-border cases. For the purposes of this Regulation, a case shall be deemed to be a cross-border case where the recognition of a protection measure ordered in one Member State is sought in another Member State. 3.   This Regulation shall not apply to protection measures falling within the scope of Regulation (EC) No 2201/2003.

Definitions

Article 3

For the purposes of this Regulation, the following definitions shall apply: (1) ‘protection measure’ means any decision, whatever it may be called, ordered by the issuing authority of the Member State of origin in accordance with its national law and imposing one or more of the following obligations on the person causing the risk with a view to protecting another person, when the latter person’s physical or psychological integrity may be at risk: (a) a prohibition or regulation on entering the place where the protected person resides, works, or regularly visits or stays; (b) a prohibition or regulation of contact, in any form, with the protected person, including by telephone, electronic or ordinary mail, fax or any other means; (c) a prohibition or regulation on approaching the protected person closer than a prescribed distance; (2) ‘protected person’ means a natural person who is the object of the protection afforded by a protection measure; (3) ‘person causing the risk’ means a natural person on whom one or more of the obligations referred to in point (1) have been imposed; (4) ‘issuing authority’ means any judicial authority, or any other authority designated by a Member State as having competence in the matters falling within the scope of this Regulation, provided that such other authority offers guarantees to the parties with regard to impartiality, and that its decisions in relation to the protection measure may, under the law of the Member State in which it operates, be made subject to review by a judicial authority and have similar force and effects to those of a decision of a judicial authority on the same matter; (5) ‘Member State of origin’ means the Member State in which the protection measure is ordered; (6) ‘Member State addressed’ means the Member State in which the recognition and, where applicable, the enforcement of the protection measure is sought.

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