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

- Brussels IIa Regulation - Scope of application

The Brussels IIa Regulation 2201/2003 ("Brussels IIa") of 27 November 2003 governs jurisdiction as well as the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility. Brussels IIa replaced the Brussels II Regulation 1347/2000 of 29 May 2000. In matrimonial matters, related case-law on parallel provisions in the Brussels II Regulation 1347/2000 helps interpret relevant provisions of Brussels IIa.

Art. general principles	Compendium is being revised	C	44
CHAPTER I	SCOPE AND DEFINITIONS
Art. 1	Scope	C	40
Art. 2	Definitions	C	33
CHAPTER II	JURISDICTION
Section 1	Divorce, legal separation and marriage annulment
Art. 3	General jurisdiction	C	105
Art. 4	Counterclaim	C	0
Art. 5	Conversion of legal separation into divorce	C	1
Art. 6	Exclusive nature of jurisdiction under Articles 3, 4 and 5. A spouse who:	C	5
Art. 7	Residual jurisdiction	C	16
Section 2	Parental responsibility
Art. 8	General jurisdiction	C	110
Art. 9	Continuing jurisdiction of the child's former habitual residence	C	11
Art. 10	Jurisdiction in cases of child abduction	C	29
Art. 11	Return of the child	C	59
Art. 12	Prorogation of jurisdiction	C	26
Art. 13	Jurisdiction based on the child's presence	C	4
Art. 14	Residual jurisdiction	C	3
Art. 15	Transfer to a court better placed to hear the case	C	19
Section 3	Common provisions
Art. 16	Seising of a Court	C	15
Art. 17	Examination as to jurisdiction	C	9
Art. 18	Examination as to admissibility	C	2
Art. 19	Lis pendens and dependent actions	C	65
Art. 20	Provisional, including protective, measures	C	39
CHAPTER III	RECOGNITION AND ENFORCEMENT
Section 1	Recognition
Art. 21	Recognition of a judgment	C	30
Art. 22	Grounds of non-recognition for judgments relating to divorce, legal separation or marriage annulment	C	7
Art. 23	Grounds of non-recognition for judgments relating to parental responsibility	C	21
Art. 24	Prohibition of review of jurisdiction of the court of origin	C	4
Art. 25	Differences in applicable law	C	0
Art. 26	Non-review as to substance	C	3
Art. 27	Stay of proceedings	C	2
Section 2	Application for a declaration of enforceability
Art. 28	Enforceable judgments	C	9
Art. 29	Jurisdiction of local courts	C	2
Art. 30	Procedure	C	0
Art. 31	Decision of the court	C	3
Art. 32	Notice of the decision	C	0
Art. 33	Appeal against the decision	C	2
Art. 34	Courts of appeal and means of contest	C	0
Art. 35	Stay of proceedings	C	3
Art. 36	Partial enforcement	C	0
Section 3	Provisions common to Sections 1 and 2
Art. 37	Documents	C	2
Art. 38	Absence of documents	C	4
Art. 39	Certificate concerning judgments in matrimonial matters and certificate concerning judgments on parental responsibility	C	7
Section 4	Enforceability of certain judgments concerning rights of access and of certain judgments which require the return of the child
Art. 40	Scope	C	3
Art. 41	Rights of access	C	7
Art. 42	Return of the child	C	12
Art. 43	Rectification of the certificate	C	4
Art. 44	Effects of the certificate	C	0
Art. 45	Documents	C	0
Section 5	Authentic instruments and agreements
Art. 46		C	0
Section 6	Other provisions
Art. 47	Enforcement procedure	C	6
Art. 48	Practical arrangements for the exercise of rights of access	C	0
Art. 49	Costs	C	2
Art. 50	Legal aid	C	0
Art. 51	Security, bond or deposit	C	0
Art. 52	Legalisation or other similar formality	C	0
CHAPTER IV	COOPERATION BETWEEN CENTRAL AUTHORITIES IN MATTERS OF PARENTAL RESPONSIBILITY
Art. 53	Designation	C	1
Art. 54	General functions	C	0
Art. 55	Cooperation on cases specific to parental responsibility	C	0
Art. 56	Placement of a child in another Member State	C	4
Art. 57	Working method	C	0
Art. 58	Meetings	C	0
CHAPTER V	RELATIONS WITH OTHER INSTRUMENTS
Art. 59	Relation with other instruments	C	2
Art. 60	Relations with certain multilateral conventions	C	3
Art. 61	Relation with the Hague Convention of 19 October 1996 on Jurisdiction, Applicable law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children	C	5
Art. 62	Scope of effects	C	0
Art. 63	Treaties with the Holy See	C	3
CHAPTER VI	TRANSITIONAL PROVISIONS
Art. 64		C	7
CHAPTER VII	FINAL PROVISIONS
Art. 65	Review	C	0
Art. 66	Member States with two or more legal systems	C	0
Art. 67	Information on central authorities and languages accepted	C	0
Art. 68	Information relating to courts and redress procedures	C	2
Art. 69	Amendments to the Annexes	C	0
Art. 70	Committee	C	0
Art. 71	Repeal of Regulation (EC) No 1347/2000	C	0
Art. 72	Entry into force	C	2