Background material - User’s pack

To be provided electronically

1. General information

1. Final version of the workshop programme

2. List of trainers

3. List of participants

4. Immediate evaluation form

2. E-learning course

E-learning course on cross-border divorce and maintenance

(http://www.era-comm.eu/e-learning/family_law_module_1/)

3. Trainers’ contributions

Notes, outlines, PowerPoint presentations and written texts provided by the trainers

4. Legislation

Primary legislation

1. Articles 7, 9, 21 24, 33 of the Charter of Fundamental Rights of the European

Union

2. Article 2, 3, 6, 20 of the Treaty on European Union (TEU)

3. Articles 26, 45, 67, 81, 267, 326-334 of the Treaty on the Functioning of the
European Union (consolidated version)

4. Article 8 of the European Convention on Human Rights

Secondary legislation

5. Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the

recognition and the enforcement of judgments in matrimonial matters and in
matters of parental responsibility for children of both spouses
6. Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the
member states of judicial and extrajudicial documents in civil or commercial
matters

7. Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and

the recognition and enforcement of judgments in civil and commercial
matters

8. Council Regulation (EC) No 1206/2001 of 28 May 2001on cooperation between

the Courts of the Member States in the taking of evidence in civil or
commercial matters

9. Council Directive 2002/8/EC of 27 January 2003 to improve access to justice in

cross-border disputes by establishing minimum common rules relating to legal
aid for such disputes

10. Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning

jurisdiction and the recognition and enforcement of judgments in matrimonial
matters and the matter of parental responsibility, repealing Regulation (EC) No
1347/2000 (Brussels II bis)

11. Information relating to courts and redress procedures pursuant to Article 68 of

Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning
jurisdiction and the recognition and enforcement of judgments in matrimonial
matters and the matters of parental responsibility, repealing Regulation (EC)
No 1347/2000 – consolidated version

12. Certificate referred to in Article 39 of Council Regulation No 2201/2003 of 27

November 2003 concerning judgments in matrimonial matters

13. Regulation (EC) No 805/2004 of the European Parliament and of the Council of
21 April 2004 creating a European Enforcement Order for uncontested claims

14. Practice Guide for the application of the new Brussels II Regulation, European
Commission, updated version, October 2005

15. Regulation (EC) No 1393/2007 of the European Parliament and of the Council
of 13 November 2007 on the Service in the Member States of judicial and
extrajudicial documents in civil or commercial matters (service of documents) ,
and repealing Council Regulation (EC) No 1348/2000

16. Directive 2008/52/EC of the European Parliament and of the Council of 21 May
2008 on certain aspects of mediation in civil and commercial matters

17. Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction,

applicable law, recognition and enforcement of decisions and cooperation in
matters relating to maintenance obligations

18. Information communicated by member states in accordance with Article 71 of

Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction,
applicable law, recognition and enforcement of decisions and cooperation in
 matters relating to maintenance obligations (consolidated version)

19. Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing

enhanced cooperation in the area of the law applicable to divorce and legal
separation (Rome III)

Proposed legislation

20. Proposal for a Council Regulation on jurisdiction, applicable law and the
recognition and enforcement of decisions in matters of matrimonial property
regimes, Brussels 16.3.2011, COM(2011) 126 final

21. Proposal for a Council Regulation on jurisdiction, applicable law and the
recognition and enforcement of decisions regarding the property
consequences of registered partnerships, Brussels 16.3.2011,COM(2011) 127
final

Documents from the European Commission

22. Agreement of 19 October 2005 between the European Community and the
Kingdom of Denmark on jurisdiction and the recognition and enforcement of
judgments in civil and commercial matters

23. Commission Decision of 8 June 2009 on the intention of the United Kingdom
to accept Council Regulation (EC) No 4/2009 on jurisdiction, applicable law,
recognition and enforcement of decisions and cooperation in matters relating
to maintenance obligations

Council Decisions

24. Council Decision of 28 May 2001 establishing a European Judicial Network in

civil and commercial matters

25. Council Decision of 30 November 2009 on the conclusion by the European

Community of the Hague Protocol of 23 November 2007 on the Law
Applicable to Maintenance Obligation

26. Council Decision of 12 July 2010 authorising enhanced cooperation in the area
of law applicable to divorce and legal separation

27. Council Decision of 31 March 2011 on the signing, on behalf of the European
Union, of the Hague Convention of 23 November 2007 on the International
Recovery of Child Support and Other Forms of Family Maintenance

5. International Conventions

1. Hague Convention of 12 June 1902 relating to the settlement of the conflict of

the laws concerning marriage
(document available only in French language)
 2. UN Convention on the recovery abroad of maintenance, done at New York on
of 20 June 1956

3. Hague Convention of 24 October 1956 - Convention on the law applicable to

maintenance obligations towards children

4. Convention on the service abroad of judicial and extrajudicial documents in

civil and commercial matters, Convention on the service abroad of judicial and
extrajudicial documents in civil and commercial matters, 15 November 1965,
Hague Conference on Private International Law

5. Brussels Convention of 27 September 1968 – Convention on jurisdiction and

the enforcement of judgments in civil and commercial matters

6. Hague Convention of 2 Ocotober 1973 - Convention on the recognition and

enforcement of decisions relating to maintenance obligations

7. Hague Convention of 2 October 1973 - Convention on the law applicable to

maintenance obligations

8. Hague Convention of 14 March 1978 - Convention on the law applicable to

matrimonial property regimes

9. Convention on jurisdiction and the enforcement of judgments in civil and

commercial matters - Done at Lugano on 16 September 1988

10. Lugano Convention of 30 October 2007 - Convention on jurisdiction and the

recognition and enforcement of judgments in civil and commercial matters -
Protocol 1 on certain questions of jurisdiction, procedure and enforcement

11. Hague Convention of 23 November 2007 on the international recovery of child

support and other forms of family maintenance

12. Hague Protocol of 23 November 2007 on the law applicable to maintenance

obligations

6. ECJ case law

1. Judgement of the Court Case of 27 February 1997, Case C-220/95, Antonius van
den Boogaard and Paula Laumen

2. Judgment of the Court of 29 November 2007, Case C-68/07, Kerstin Sundelind

Lopez v Miguel Enrique Lopez Lizazo

3. Judgment of the Court of 2 April 2009, Case C-523/07, reference for a

preliminary ruling under Articles 68 EC and 234 EC from the Korkein hallinto-
oikeus (Finland), in the proceedings brought by A

4. Judgement of the Court of 16 July 2009, Case C-168/08, reference for a

preliminary ruling from the Cour de cassation (France), Laszlo Hadadi (Hadady)
 v Csilla Marta Mesko, married name Hadadi (Hadady)

5. Judgement of the Court of 9 November 2010, Case C-296/10, Bianca Purrucker

v Guillermo Vallés Pérez

6. Judgement of the Court of 22 December 2010, Case C-497/10 PPU, Barbara

Mercredi v Richard Chaffe

7. Other documents

1. Explanatory Report on the Convention, drawn up on the basis of Article K.3 of

the Treaty on European Union, on Jurisdiction and the Recognition and
Enforcement of Judgments in Matrimonial Matters (approved by the Council
on 28 May 1998) prepared by Dr Alegría Borrás Professor of Private
International Law University of Barcelona

2. Explanatory Report on the 2007 Hague Protocol of 23 November 2007 on the

Law Applicable to Maintenance Obligations, prepared by Andrea Bonomi,
October 2009

3. Notes for the guidance of Counsel Notes for the guidance of Counsel in
written and oral proceedings before the Court of Justice of the European
Communities
(most relevant for workshops addressed to legal practitioners)

4. Information note Information note on references from national courts for a

preliminary ruling
(most relevant for workshops addressed to members of the judiciary)

8. Useful links

1. Consilium register website

2. Curia website

3. DEC.NAT, National decisions database of the Association of the Councils of State

and Supreme Administrative Jurisdictions of the European Union i.n.p.a.

4. European Commission, Civil Justice website

5. European E-justice portal

6. E-justice portal – Divorce

7. E-justice portal - Legal aid

8. E-justice portal – Maintenance claims

9. E-justice portal – Mediation

 10. E-Justice portal – Member state law

11. E-Justice portal – Service of documents

12. Eur-lex website

13. European Judicial Atlas in civil and commercial matters

14. European Judicial Atlas in civil and commercial matters – Matrimonial matters
and matters of parental responsibility

15. European Judicial Atlas in civil and commercial matters – Maintenance

obligations

16. European Judicial Network in civil and commercial matters

17. European Judicial Network in civil and commercial matters - Applicable Law

18. European Judicial Network in civil and commercial matters - Divorce

19. European Judicial Network in civil and commercial matters - Maintenance

claims- General information

20. Hague Conference on Private International Law website

21. Jurisdiction Recognition Enforcement Database

22. N-Lex Database

23. Oeil website

24. Pre-lex website

9. National sections

1. National section of Austria, developed by Sabine Längle

2. National section of Belgium, developed by Hakim Boularbah

3. National section of Bulgaria, developed by Bilyana Gyaurova-Wegertseder

4. National section of Cyprus, developed by George A. Serghides

5. National section of the Czech Republic, developed by Zuzana Fišerova

6. National section of Estonia, developed by Liis Arrak

7. National section of Finland, developed by Markku Helin

8. National section of France, developed by Beatrice Weiss-Gout,

 Isabelle Rein- Lescastereyres, Laurie Dimitrov, Marie-Laure Niboyet, Alexandre
Boiche, Charlotte Butrille-Cardew and Veronique Chauveau

9. National section of Germany, developed by Ulrike Janzen

National section of Greece, developed by Dimitra Papadopoulou – Klamari,

10.
Chryssafo Tsouka and Nikos Davrados

11. National section of Hungary, developed by Orsolya Szeibert

12. National section of Ireland, developed by Elaine O'Callaghan

13. National section of Italy, developed by Maria Giuliana Civinini

14. National section of Latvia, developed by Irena Kucina

15. National section of Lithuania, developed by Ruta Bucinskaitė

16. National section of Luxembourg, developed by Jean-Claude Wiwinius

17. National section of Malta, developed by Lorraine Schembri Orland

18. National section of the Netherlands, developed by Katharina Boele-Woelki

19. National section of Poland, developed by Jacek Golaczynski

National section of Portugal, developed by Carlos Manuel Gonçalves de Melo

20.
Marinho

21. National section of Romania, developed by Simona Bacsin

22. National section of Slovakia, developed by Katarina Mikulova

23. National section of Slovenia, developed by Bojana Jovin Hrastnik

24. National section of Spain, developed by Carmen Azcárraga Monzonis

25. National section of Sweden, developed by Michael Hellner

National section of the United Kingdom: part on England and Wales,

26.
developed by Eugenia Caracciolo di Torella

National section of the United Kingdom: part on Scotland, developed by

27.
Janeen Carruthers

10. General bibliography

Compiled general bibliography

(on the basis of the information contained in the national sections)