Regulation (EU) 2016/1103

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Regulation (EU) 2016/1103

Title: Regulation (EU) 2016/1103 of the Council of 24 June 2016 on the implementation of enhanced cooperation in the field of jurisdiction, applicable law and the recognition and enforcement of judgments in matters of matrimonial property regime
Designation:
(not official) 		EheGüVo
Legal matter: civil right
Basis: TFEU , in particular Article 81 (3)
Decision (EU) 2016/954
Procedure overview: European Commission
European Parliament
IPEX Wiki
To be used from: 29 January 2019
Reference: OJ L 183 of 8.7.2016, pp. 1–29
Full text Consolidated version (not official)
basic version
Regulation has entered into force and is applicable.
Please note the information on the current version of legal acts of the European Union !

The Regulation (EC) no. 2016/1103 (EheGüVO) Council implementing enhanced cooperation in the area of jurisdiction, the applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes, regulates the matrimonial property regimes at cross-border, legal or contractual, facts.

The EheGüVO is one of two regulations of the European Union on property rights of natural persons (for details that apply to both regulations, see: European Property Law Regulations ).

history

This regulation, together with Regulation (EU) 2016/1104 (PartGüVO), is part of the area of ​​freedom, security and justice , in which the free movement of persons is guaranteed. At the conference from 15./16. In October 1999 in Tampere , the European Council supported the principle of mutual recognition of judgments and other decisions by judicial authorities as the cornerstone of judicial cooperation in civil matters. The Council and the European Commission were asked to adopt a program of measures to implement this principle. A program of measures was then adopted on November 30, 2000, in which the drafting of a legal instrument on questions of matrimonial property regime was promised.

On the occasion of the 4th / 5th The meeting of the European Council in Brussels, which took place in November 2004, adopted a new program entitled The Hague Program to Strengthen Freedom, Security and Justice in the European Union , which was also the basis for the European Commission to draw up a Green Paper . The resulting Green Paper on the conflict of laws in the area of ​​matrimonial property regimes, including the question of jurisdiction and mutual recognition, was adopted by the European Commission on July 17, 2006 and a comprehensive consultation was initiated on this basis

At the meeting of the European Council on 10/11 December 2009 in Brussels, the Stockholm Program - An Open and Secure Europe Serving and Protecting Citizens was adopted, through which the principle of mutual recognition of national decisions should be extended to areas that were not yet covered, but everyday life of the people Citizens significantly shape, as also z. B. matrimonial property law. This should take into account the legal systems, including ordre public, and the national traditions of the Union Member States.

In the Report on European Citizenship 2010 - Fewer Barriers to Exercising Union Citizenship Rights of October 27, 2010, the European Commission announced the submission of a legislative proposal aimed at overcoming barriers to free movement, and in particular the difficulties couples face in managing their property or are faced with its division. The announcement of the legislative proposal resulted in a proposal for a Council regulation on jurisdiction, applicable law, recognition and enforcement of judgments in the area of ​​matrimonial property law and a proposal for a Council regulation on jurisdiction, applicable law, recognition and the enforcement of decisions in the field of property law of registered partnerships of the European Commission of March 16, 2011.

After many years of deliberations, the Council of the European Union determined at the meeting on December 3, 2015 that no unanimity could be achieved for the two proposed regulations (EheGüVO and PartGüVO). Therefore, between December 2015 and February 2016, Belgium, Bulgaria, Germany, France, Finland, Greece, Italy, Croatia, Luxembourg, Malta, the Netherlands, Austria, Portugal, Sweden, Slovenia, Spain and the Czech Republic submitted requests to the Commission for these To implement property law regulations among themselves within the framework of enhanced cooperation. Cyprus applied to participate in enhanced cooperation in March 2016. On June 9, 2016, the Council adopted Decision (EU) 2016/954 authorizing this enhanced cooperation.

The EheGüVo was signed on June 24, 2016, published in the Official Journal of the European Union on July 8, 2016 , entered into force on July 27, 2016 and is essentially effective from January 29, 2019 in the member states of the Union that take part in the enhanced cooperation to apply.

Legal basis

This regulation, which is directly applicable, was issued within the framework of enhanced cooperation (Article 20 TEU , Articles 326 to 334 TFEU ) and is only binding for the EU member states that participate in it. As of 2019, these are the following 18 EU member states: Belgium , Bulgaria , Germany , Finland , France , Greece , Italy , Croatia , Luxembourg , Malta , the Netherlands , Austria , Portugal , Sweden , Slovenia , Spain , the Czech Republic and Cyprus . Union member states that do not participate in enhanced cooperation are regarded as third countries and only apply their own national law. However, they can join the enhanced cooperation at any time.

The form of enhanced cooperation was chosen because the unanimity requirement of the Council otherwise required under Article 81 (3) TFEU would not have been achievable, as same-sex marriage or partnership is rejected in some EU member states.

Structure of the regulation

  • CHAPTER I (SCOPE AND DEFINITIONS)
    • Articles 1 to 3
  • CHAPTER II (JUDICIAL JURISDICTION)
    • Articles 4 to 19
  • CHAPTER III (APPLICABLE LAW)
    • Articles 20 to 35
  • CHAPTER IV (RECOGNITION, ENFORCEMENT AND ENFORCEMENT OF DECISIONS)
    • Articles 36 to 57
  • CHAPTER V (PUBLIC DOCUMENTS AND JUDICIAL SETTLEMENTS)
    • Articles 58 to 60
  • CHAPTER VI (GENERAL AND FINAL PROVISIONS)
    • Articles 61 to 70

See also

Individual evidence

  1. ↑ Regulation (EU) 2016/1103 (PDF)
  2. ↑ Recital 1 of the EhegüVO and the PartGüVO.
  3. ↑ Recital 3 of the EhegüVO and the PartGüVO.
  4. ↑ OJ. C 12 of January 15, 2001, p. 1.
  5. ↑ Recital 4 of the EhegüVO and the PartGüVO.
  6. ↑ OJ. C 53 of 3.3.2005, p. 1.
  7. ↑ OJ. C 115 of 4.5.2010, p. 1.
  8. ↑ Recital 8 of the EheGüVO or PartGüVO.
  9. ↑ OJ. L 159 of 16.6.2016, p. 16.
  10. ↑ OJ. L 183/1.
  11. ↑ See Article 70 of Regulation (EC) No. 2016/1103 or Regulation (EC) No. 2016/1104.
  12. ↑ Recital 11 of Regulation (EC) No. 2016/1103 and Regulation (EC) No. 2016/1104.
  13. ↑ Recital 10 of Regulation (EC) No. 2016/1103 and Regulation (EC) No. 2016/1104.