Council Regulation (EU) 2016/1104

In force

This text since 8 Jul 2016law://eu/reg/2016/1104/art_3__para_2@2026-11-12

Contents

2.For the purposes of this Regulation, the term ‘court’ means any judicial authority and all other authorities and legal professionals with competence in matters of property consequences of registered partnerships which exercise judicial functions or act by delegation of power by a judicial authority or under its control, provided that such other authorities and legal professionals offer guarantees with regard to impartiality and the right of all parties to be heard, and provided that their decisions under the law of the Member State in which they operate:

(a)may be made the subject of an appeal to or review by a judicial authority; and

(b)have a similar force and effect as a decision of a judicial authority on the same matter.

The Member States shall notify the Commission of the other authorities and legal professionals referred to in the first subparagraph in accordance with Article 64.

Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.

Key facts

Type: Regulation · Council Regulation (EU) 2016/1104
Adopted: 24 Jun 2016
Text current to: 8 Jul 2016
In force: 28 Jul 2016
Applies from: 29 Jul 2016
Applies from: 29 Apr 2018
Applies from: 29 Jan 2019
Made by: Council of the European Union
Official: EUR-Lex 32016R1104 · ELI

Topics

civil union enforcement of ruling judicial cooperation in civil matters in the EU judicial separation jurisdiction matrimonial law mutual recognition principle private international law Approximation of laws Judicial cooperation in civil matters

History · 1 version

8 Jul 2016Reading

Connections

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Cited by 5: Commission Decision (EU) 2024/789; Regulation (EU) 2023/28442 provisions; GV v Caisse nationale d’assurance pension (C-731/21)2 provisions; Commission Implementing Regulation (EU) 2018/19905 provisions; this act
Cites 1: this act

Defined terms · 9

Show every defined term

authentic instrument
means a document in a matter of the property consequences of a registered partnership which has been formally drawn up or registered as an authentic instrument in a Member State and the authenticity of which:
court
means any judicial authority and all other authorities and legal professionals with competence in matters of property consequences of registered partnerships which exercise judicial functions or act by delegation of power by a judicial authority or under its control, provided that such other authorities and legal professionals offer guarantees with regard to impartiality and the right of all parties to be heard, and provided that their decisions under the law of the Member State in which they operate: The Member States shall notify the Commission of the other authorities and legal professionals referred to in the first subparagraph in accordance with Article 64.
court settlement
means a settlement in a matter of the property consequences of a registered partnership which has been approved by a court, or concluded before a court in the course of proceedings;
decision
means any decision in a matter of the property consequences of a registered partnership given by a court of a Member State, whatever the decision may be called, including a decision on the determination of costs or expenses by an officer of the court;
Member State of enforcement
means the Member State in which recognition and/or enforcement of the decision, the authentic instrument, or the court settlement is requested.
Member State of origin
means the Member State in which the decision has been given, the authentic instrument drawn up, or the court settlement approved or concluded;
partnership property agreement
means any agreement between partners or future partners by which they organise the property consequences of their registered partnership;
property consequences of a registered partnership
means the set of rules concerning the property relationships of the partners, between themselves and in their relations with third parties, as a result of the legal relationship created by the registration of the partnership or its dissolution;
registered partnership
means the regime governing the shared life of two people which is provided for in law, the registration of which is mandatory under that law and which fulfils the legal formalities required by that law for its creation;