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Council Regulation (EU) 2016/1103 Article 49

Council Regulation (EU) 2016/1103 Article 49

Appeal against the decision on the application for a declaration of enforceability

Article 49

1.   The decision on the application for a declaration of enforceability may be appealed by either party. 2.   The appeal shall be lodged with the court communicated by the Member State concerned to the Commission in accordance with Article 64. 3.   The appeal shall be dealt with in accordance with the rules governing procedure in contradictory matters. 4.   If the party against whom enforcement is sought fails to appear before the appellate court in proceedings concerning an appeal brought by the applicant, Article 16 shall apply even where the party against whom enforcement is sought is not domiciled in any of the Member States. 5.   An appeal against the declaration of enforceability shall be lodged within 30 days of service thereof. If the party against whom enforcement is sought is domiciled in a Member State other than that in which the declaration of enforceability was given, the time for appealing shall be 60 days and shall run from the date of service, either on him in person or at his residence. No extension may be granted on account of distance.

Read the full instrument → · Read this in context: CHAPTER IV — RECOGNITION, ENFORCEABILITY AND ENFORCEMENT OF DECISIONS →

Other provisions in CHAPTER IV — RECOGNITION, ENFORCEABILITY AND ENFORCEMENT OF DECISIONS

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 49 of Council Regulation (EU) 2016/1103 (LawPlayer, data as of 2026-07-04)

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

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