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Council Regulation (EU) 2019/1111 Article 38

Council Regulation (EU) 2019/1111 Article 38

Grounds for refusal of recognition of decisions in matrimonial matters

Article 38

The recognition of a decision relating to a divorce, legal separation or marriage annulment shall be refused: (a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked; (b) where it was given in default of appearance, if the respondent was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable the respondent to arrange for his or her defence unless it is determined that the respondent has accepted the decision unequivocally; (c) if it is irreconcilable with a decision given in proceedings between the same parties in the Member State in which recognition is invoked; or (d) if it is irreconcilable with an earlier decision given in another Member State or in a non-Member State between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State in which recognition is invoked.

Read the full instrument → · Read this in context: Subsection 4 — Refusal of recognition and enforcement →

Other provisions in Subsection 4 — Refusal of recognition and enforcement

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 38 of Council Regulation (EU) 2019/1111 (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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