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Council Regulation (EC) No 4/2009 Article 40

Council Regulation (EC) No 4/2009 Article 40

Invoking a recognised decision

Article 40

1.   A party who wishes to invoke in another Member State a decision recognised within the meaning of Article 17(1) or recognised pursuant to Section 2 shall produce a copy of the decision which satisfies the conditions necessary to establish its authenticity. 2.   If necessary, the court before which the recognised decision is invoked may ask the party invoking the recognised decision to produce an extract issued by the court of origin using the form set out in Annex I or in Annex II, as the case may be. The court of origin shall also issue such an extract at the request of any interested party. 3.   Where necessary, the party invoking the recognised decision shall provide a transliteration or a translation of the content of the form referred to in paragraph 2 into the official language of the Member State concerned or, where there are several official languages in that Member State, into the official language or one of the official languages of court proceedings of the place where the recognised decision is invoked, in accordance with the law of that Member State, or into another language that the Member State concerned has indicated it can accept. Each Member State may indicate the official language or languages of the institutions of the European Union other than its own which it can accept for the completion of the form. 4.   Any translation under this Article must be done by a person qualified to do translations in one of the Member States.

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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of 2026-07-04

CitationArticle 40 of Council Regulation (EC) No 4/2009 (LawPlayer, data as of 2026-07-04)

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