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Council Regulation (EU) 2019/1111 Subsection 3 — Certificate for privileged decisions

Article 47–Article 49 · 3 articles

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

Issuance of the certificate

Article 47

1.   The court that has given a decision as referred to in Article 42(1) shall, upon application by a party, issue a certificate for: (a) a decision granting rights of access, using the form set out in Annex V; (b) a decision on the substance of rights of custody entailing the return of a child and given pursuant to Article 29(6), using the form set out in Annex VI. 2.   The certificate shall be completed and issued in the language of the decision. The certificate may also be issued in another official language of the institutions of the European Union requested by a party. This does not create any obligation for the court issuing the certificate to provide a translation or transliteration of the translatable content of the free text fields. 3.   The court shall issue the certificate only if the following conditions are met: (a) all parties concerned were given an opportunity to be heard; (b) the child was given an opportunity to express his or her views in accordance with Article 21; (c) where the decision was given in default of appearance either: (i) the person defaulting was served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable that person to arrange for his or her defence; or (ii) it is established that the person defaulting accepted the decision unequivocally. 4.   Without prejudice to paragraph 3 of this Article, the certificate for a decision referred to in point (b) of Article 42(1) shall only be issued if, in giving its decision, the court has taken into account the reasons for and the facts underlying the prior decision given in another Member State pursuant to point (b) of Article 13(1), or Article 13(2), of the 1980 Hague Convention. 5.   The certificate shall take effect only within the limits of the enforceability of the decision. 6.   No challenges other than those referred to in Article 48 shall lie against the issuance of the certificate.

Rectification and withdrawal of the certificate

Article 48

1.   The court of the Member State of origin as communicated to the Commission pursuant to Article 103 shall, upon application, and may, of its own motion, rectify the certificate where, due to a material error or omission, there is a discrepancy between the decision and the certificate. 2.   The court referred to in paragraph 1 of this Article shall, upon application or of its own motion, withdraw the certificate where it was wrongly granted, having regard to the requirements laid down in Article 47. Article 49 shall apply accordingly. 3.   The procedure, including any appeal, with regard to the rectification or withdrawal of the certificate shall be governed by the law of the Member State of origin.

Certificate on lack or limitation of enforceability

Article 49

1.   Where and to the extent that a decision certified in accordance with Article 47 has ceased to be enforceable or its enforceability has been suspended or limited, a certificate indicating the lack or limitation of enforceability shall, upon application at any time to the court of the Member State of origin as communicated to the Commission pursuant to Article 103, be issued, using the standard form set out in Annex VII. 2.   The certificate shall be completed and issued in the language of the decision. The certificate may also be issued in another official language of the institutions of the European Union requested by a party. This does not create any obligation for the court issuing the certificate to provide a translation or transliteration of the translatable content of the free text fields.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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