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Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast) article 47 CELEX: 32019R1111 Issuance of the certificate
1. The court that has given a decision as referred to in Article 42(1) shall, upon application by a party, issue a certificate for: (a) a decision granting rights of access, using the form set out in Annex V; (b) a decision on the substance of rights of custody entailing the return of a child and given pursuant to Article 29(6), using the form set out in Annex VI. 2. The certificate shall be completed and issued in the language of the decision. The certificate may also be issued in another official language of the institutions of the European Union requested by a party. This does not create any obligation for the court issuing the certificate to provide a translation or transliteration of the translatable content of the free text fields. |
Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast) article 47 CELEX: 32019R1111 3. The court shall issue the certificate only if the following conditions are met: (a) all parties concerned were given an opportunity to be heard; (b) the child was given an opportunity to express his or her views in accordance with Article 21; (c) where the decision was given in default of appearance either: (i) the person defaulting was served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable that person to arrange for his or her defence; or (ii) it is established that the person defaulting accepted the decision unequivocally. 4. Without prejudice to paragraph 3 of this Article, the certificate for a decision referred to in point (b) of Article 42(1) shall only be issued if, in giving its decision, the court has taken into account the reasons for and the facts underlying the prior decision given in another Member State pursuant to point (b) of Article 13(1), or Article 13(2), of the 1980 Hague Convention. 5. The certificate shall take effect only within the limits of the enforceability of the decision. |
Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast) article 47 CELEX: 32019R1111 6. No challenges other than those referred to in Article 48 shall lie against the issuance of the certificate. |