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Document 02012R1215-20150226
文档 02012R1215-20150226
Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)
Consolidated text: Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)
合并文本:2012 年 12 月 12 日欧洲议会和理事会关于民商事管辖权以及承认和执行判决的第 1215/2012 号条例(修订)
Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)
ELI: http://data.europa.eu/eli/reg/2012/1215/2015-02-26
ELI:http://data.europa.eu/eli/reg/2012/1215/2015-02-26
02012R1215 — EN — 26.02.2015 — 001.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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REGULATION (EU) No 1215/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 12 December 2012 2012 年 12 月 12 日 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351 20.12.2012, p. 1) |
Amended by: 修订者:
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page 页 |
date 日期 |
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L 163 L 163 号 |
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29.5.2014 |
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L 54 L 54 号 |
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25.2.2015 |
REGULATION (EU) No 1215/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
欧洲议会和理事会第 1215/2012 号法规 (EU)
of 12 December 2012 2012 年 12 月 12 日
on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
关于民商事案件的管辖权以及承认和执行判决
(recast) (重铸)
CHAPTER I 第一章
SCOPE AND DEFINITIONS 范围和定义
Article 1 第 1 条
This Regulation shall not apply to:
the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship or out of a relationship deemed by the law applicable to such relationship to have comparable effects to marriage;
自然人的地位或法律行为能力、因婚姻关系或因适用于该关系的法律认为具有与婚姻相当效力的关系而产生的财产权;
bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings;
破产、与无力偿债的公司或其他法人清盘有关的法律程序、司法安排、组成及类似法律程序;
social security; 社会保障;
arbitration; 仲裁;
maintenance obligations arising from a family relationship, parentage, marriage or affinity;
因家庭关系、亲子关系、婚姻或姻亲关系而产生的赡养义务;
wills and succession, including maintenance obligations arising by reason of death.
遗嘱和继承,包括因死亡而产生的赡养义务。
Article 2 第 2 条
For the purposes of this Regulation:
为施行本规例:
‘judgment’ means any judgment given by a court or tribunal of a Member State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as a decision on the determination of costs or expenses by an officer of the court.
“判决”是指会员国的法院或法庭作出的任何判决,无论该判决如何称呼,包括法令、命令、决定或执行令状,以及法院官员关于确定费用或开支的决定。
For the purposes of Chapter III, ‘judgment’ includes provisional, including protective, measures ordered by a court or tribunal which by virtue of this Regulation has jurisdiction as to the substance of the matter. It does not include a provisional, including protective, measure which is ordered by such a court or tribunal without the defendant being summoned to appear, unless the judgment containing the measure is served on the defendant prior to enforcement;
就第三章而言,“判决”包括由法院或法庭下令采取的临时措施,包括保护措施,这些措施凭借本条例对事项的实质具有管辖权。它不包括由此类法院或法庭在没有传唤被告出庭的情况下下令采取的临时措施,包括保护措施,除非包含该措施的判决在执行前已送达被告;
‘court settlement’ means a settlement which has been approved by a court of a Member State or concluded before a court of a Member State in the course of proceedings;
“法院和解”是指在诉讼过程中经会员国法院批准或在会员国法院达成的和解;
‘authentic instrument’ means a document which has been formally drawn up or registered as an authentic instrument in the Member State of origin and the authenticity of which:
“真实文书”是指在原籍国正式起草或注册为真实文书的文件,其真实性:
relates to the signature and the content of the instrument; and
与文书的签名和内容有关;和
has been established by a public authority or other authority empowered for that purpose;
由公共机构或为此目的授权的其他机构设立;
‘Member State of origin’ means the Member State in which, as the case may be, the judgment has been given, the court settlement has been approved or concluded, or the authentic instrument has been formally drawn up or registered;
“原籍国”是指已作出判决、已批准或完成法院和解,或已正式起草或注册真实文书的成员国(视情况而定);
‘Member State addressed’ means the Member State in which the recognition of the judgment is invoked or in which the enforcement of the judgment, the court settlement or the authentic instrument is sought;
“所涉会员国”是指要求承认判决或寻求执行判决、法院和解或真实文书的会员国;
‘court of origin’ means the court which has given the judgment the recognition of which is invoked or the enforcement of which is sought.
“原审法院”是指作出判决并援引该判决或寻求执行该判决的法院。
Article 3 第 3 条
For the purposes of this Regulation, ‘court’ includes the following authorities to the extent that they have jurisdiction in matters falling within the scope of this Regulation:
就本条例而言,“法院”包括以下机构,只要他们对属于本条例范围内的事项具有管辖权:
in Hungary, in summary proceedings concerning orders to pay (fizetési meghagyásos eljárás), the notary (közjegyző);
在匈牙利,在关于付款令 (order for payment procedure) 的简易程序中,公证人 (notary);
in Sweden, in summary proceedings concerning orders to pay (betalningsföreläggande) and assistance (handräckning), the Enforcement Authority (Kronofogdemyndigheten).
在瑞典,在关于付款令 (betalningsföreläggande) 和协助令 (handräckning) 的简易程序中,执法机构 (Kronofogdemyndigheten)。
CHAPTER II 第二章
JURISDICTION 管辖
SECTION 1 第 1 部分
General provisions 一般规定
Article 4 第 4 条
Article 5 第 5 条
Article 6 第 6 条
SECTION 2 第 2 部分
Special jurisdiction 特别管辖区
Article 7 第 7 条
A person domiciled in a Member State may be sued in another Member State:
在会员国定居的人可以在另一个会员国被起诉:
in matters relating to a contract, in the courts for the place of performance of the obligation in question;
在与合同有关的事项中,在相关义务履行地的法院;
for the purpose of this provision and unless otherwise agreed, the place of performance of the obligation in question shall be:
为本条款之目的,除非另有约定,相关义务的履行地点应为:
if point (b) does not apply then point (a) applies;
如果 (b) 点不适用,则 (a) 点适用;
in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur;
在与侵权、不法或准不法行为有关的事项中,在有害事件发生地或可能发生地的法院审理;
as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings;
对于基于引起刑事诉讼的行为而提出的损害赔偿或恢复原状的民事索赔,在审理这些诉讼的法院中,只要该法院根据其自身法律具有受理民事诉讼的管辖权;
as regards a civil claim for the recovery, based on ownership, of a cultural object as defined in point 1 of Article 1 of Directive 93/7/EEC initiated by the person claiming the right to recover such an object, in the courts for the place where the cultural object is situated at the time when the court is seised;
对于要求找回该文物的权利的人基于所有权提起的民事索赔,要求追回该 93/7/EEC 指令第 1 条第 1 点所定义的文物,在法院被没收时向该文物所在地的法院提出;
as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place where the branch, agency or other establishment is situated;
对于因分支机构、代理机构或其他机构的运营而引起的争议,应向分支机构、代理机构或其他机构所在地的法院提交;
as regards a dispute brought against a settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the Member State in which the trust is domiciled;
对于在信托所在成员国的法院通过法规的实施或书面文书设立的,或以口头和书面形式证明的信托的委托人、受托人或受益人提起的争议;
as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question:
关于就救助货物或货物索赔的报酬支付的争议,在有关货物或货物所依据的法院管辖:
has been arrested to secure such payment; or
已被逮捕以确保此类付款;或
could have been so arrested, but bail or other security has been given;
本可以被逮捕,但已获得保释或其他担保;
provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage.
但只有当声称被告对货物或货物有权益或在救助时具有此类权益时,本规定才适用。
Article 8 第 8 条
A person domiciled in a Member State may also be sued:
在会员国有住所的人也可能被起诉:
where he is one of a number of defendants, in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings;
如被告人是众多被告人之一,则在其任何被告人居住地的法院审理,但前提是申索之间有密切的联系,以致合计应一并审理和裁定,以避免因分开的法律程序而产生不可调和的判决的风险;
as a third party in an action on a warranty or guarantee or in any other third-party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case;
在就保证或担保提起的诉讼或任何其他第三方诉讼中,作为第三方,在审理原程序的法院提起诉讼,除非提起这些诉讼的目的只是为了将他从对其案件有管辖权的法院的管辖范围内移开;
on a counter-claim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;
因原始索赔所依据的同一合同或事实而产生的反索赔,在原始索赔待决的法院提出;
in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court of the Member State in which the property is situated.
在与合同有关的事项中,如果该诉讼可以与在不动产对物权利有关的事项中针对同一被告的诉讼合并,则应在财产所在成员国的法院进行诉讼。
Article 9 第 9 条
Where by virtue of this Regulation a court of a Member State has jurisdiction in actions relating to liability from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of that Member State, shall also have jurisdiction over claims for limitation of such liability.
如果根据本条例,成员国的法院对与船舶使用或运营责任有关的诉讼具有管辖权,则该法院或为此目的由该成员国的内部法替代的任何其他法院也应对限制此类责任的索赔具有管辖权。
SECTION 3 第 3 部分
Jurisdiction in matters relating to insurance
保险相关事宜的司法管辖权
Article 10 第十条
In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to Article 6 and point 5 of Article 7.
在与保险有关的事项中,管辖权应由本节确定,但不影响第 6 条和第 7 条第 5 点。
Article 11 第十一条
An insurer domiciled in a Member State may be sued:
in the courts of the Member State in which he is domiciled;
在其居住国的会员国的法院;
in another Member State, in the case of actions brought by the policyholder, the insured or a beneficiary, in the courts for the place where the claimant is domiciled; or
在另一个成员国,如果保单持有人、被保险人或受益人提起诉讼,则向索赔人住所地的法院提起诉讼;或
if he is a co-insurer, in the courts of a Member State in which proceedings are brought against the leading insurer.
如果他是共同保险人,则在对主要保险人提起诉讼的成员国的法院。
Article 12 第 12 条
In respect of liability insurance or insurance of immovable property, the insurer may in addition be sued in the courts for the place where the harmful event occurred. The same applies if movable and immovable property are covered by the same insurance policy and both are adversely affected by the same contingency.
对于责任保险或不动产保险,保险公司还可以被起诉到损害事件发生地的法院。如果动产和不动产都在同一份保险单中承保,并且两者都受到同一或有事项的不利影响,则同样适用。
Article 13 第十三条
Article 14 第 14 条
Article 15 第十五条
The provisions of this Section may be departed from only by an agreement:
本节的规定只能通过协议来偏离:
which is entered into after the dispute has arisen;
在争议发生后签订的;
which allows the policyholder, the insured or a beneficiary to bring proceedings in courts other than those indicated in this Section;
允许保单持有人、被保险人或受益人在本条规定的法院以外的法院提起诉讼;
which is concluded between a policyholder and an insurer, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Member State, and which has the effect of conferring jurisdiction on the courts of that Member State even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of that Member State;
由投保人和保险人签订的协议,保险持有人和保险人在签订合同时均居住在或常常居住在同一成员国,并且具有授予该成员国法院管辖权的效力,即使有害事件发生在国外,前提是此类协议不违反该成员国的法律;
which is concluded with a policyholder who is not domiciled in a Member State, except in so far as the insurance is compulsory or relates to immovable property in a Member State; or
与不在成员国居住的保单持有人签订,除非保险是强制性的或与成员国的不动产有关;或
which relates to a contract of insurance in so far as it covers one or more of the risks set out in Article 16.
与保险合同有关,只要它涵盖第 16 条中规定的一项或多项风险。
Article 16 第 16 条
The following are the risks referred to in point 5 of Article 15:
以下是第 15 条第 5 点中提到的风险:
any loss of or damage to:
以下各项的任何损失或损害:
seagoing ships, installations situated offshore or on the high seas, or aircraft, arising from perils which relate to their use for commercial purposes;
海船、位于近海或公海上的设施,或因将其用于商业目的而产生的危险而产生的飞机;
goods in transit other than passengers’ baggage where the transit consists of or includes carriage by such ships or aircraft;
除乘客行李外的过境货物,如果过境包括或包括此类船舶或飞机的运输;
any liability, other than for bodily injury to passengers or loss of or damage to their baggage:
除乘客人身伤害或行李丢失或损坏以外的任何责任:
arising out of the use or operation of ships, installations or aircraft as referred to in point 1(a) in so far as, in respect of the latter, the law of the Member State in which such aircraft are registered does not prohibit agreements on jurisdiction regarding insurance of such risks;
因使用或操作第 1(a) 点所述的船舶、装置或飞机而产生,但就后者而言,此类飞机注册地所在成员国的法律不禁止有关此类风险保险的管辖权协议;
for loss or damage caused by goods in transit as described in point 1(b);
第 1(b) 点所述的运输货物造成的损失或损坏;
any financial loss connected with the use or operation of ships, installations or aircraft as referred to in point 1(a), in particular loss of freight or charter-hire;
与第 1(a) 点所述的船舶、装置或飞机的使用或操作有关的任何财务损失,尤其是运费或租赁费用的损失;
any risk or interest connected with any of those referred to in points 1 to 3;
与第 1 至 3 点中提及的任何风险或利益相关的任何风险或利益;
notwithstanding points 1 to 4, all ‘large risks’ as defined in Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (
14
).
尽管有第 1 点至第 4 点的规定,但欧洲议会和理事会 2009 年 11 月 25 日关于开展和追求保险和再保险业务的指令 2009/138/EC (偿付能力 II) 中定义的所有“重大风险”(14)。
SECTION 4 第 4 部分
Jurisdiction over consumer contracts
Article 17
In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, jurisdiction shall be determined by this Section, without prejudice to Article 6 and point 5 of Article 7, if:
it is a contract for the sale of goods on instalment credit terms;
it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or
in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in the Member State of the consumer’s domicile or, by any means, directs such activities to that Member State or to several States including that Member State, and the contract falls within the scope of such activities.
Article 18
Article 19
The provisions of this Section may be departed from only by an agreement:
which is entered into after the dispute has arisen;
which allows the consumer to bring proceedings in courts other than those indicated in this Section; or
which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Member State, and which confers jurisdiction on the courts of that Member State, provided that such an agreement is not contrary to the law of that Member State.
SECTION 5
Jurisdiction over individual contracts of employment
Article 20
Article 21
An employer domiciled in a Member State may be sued:
in the courts of the Member State in which he is domiciled; or
in another Member State:
in the courts for the place where or from where the employee habitually carries out his work or in the courts for the last place where he did so; or
if the employee does not or did not habitually carry out his work in any one country, in the courts for the place where the business which engaged the employee is or was situated.
Article 22
Article 23
The provisions of this Section may be departed from only by an agreement:
which is entered into after the dispute has arisen; or
which allows the employee to bring proceedings in courts other than those indicated in this Section.
SECTION 6
Exclusive jurisdiction
Article 24
The following courts of a Member State shall have exclusive jurisdiction, regardless of the domicile of the parties:
in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the Member State in which the property is situated.
However, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the Member State in which the defendant is domiciled shall also have jurisdiction, provided that the tenant is a natural person and that the landlord and the tenant are domiciled in the same Member State;
in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, or the validity of the decisions of their organs, the courts of the Member State in which the company, legal person or association has its seat. In order to determine that seat, the court shall apply its rules of private international law;
in proceedings which have as their object the validity of entries in public registers, the courts of the Member State in which the register is kept;
in proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, irrespective of whether the issue is raised by way of an action or as a defence, the courts of the Member State in which the deposit or registration has been applied for, has taken place or is under the terms of an instrument of the Union or an international convention deemed to have taken place.
Without prejudice to the jurisdiction of the European Patent Office under the Convention on the Grant of European Patents, signed at Munich on 5 October 1973, the courts of each Member State shall have exclusive jurisdiction in proceedings concerned with the registration or validity of any European patent granted for that Member State;
in proceedings concerned with the enforcement of judgments, the courts of the Member State in which the judgment has been or is to be enforced.
SECTION 7
Prorogation of jurisdiction
Article 25
If the parties, regardless of their domicile, have agreed that a court or the courts of a Member State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall have jurisdiction, unless the agreement is null and void as to its substantive validity under the law of that Member State. Such jurisdiction shall be exclusive unless the parties have agreed otherwise. The agreement conferring jurisdiction shall be either:
in writing or evidenced in writing;
in a form which accords with practices which the parties have established between themselves; or
in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned.
The validity of the agreement conferring jurisdiction cannot be contested solely on the ground that the contract is not valid.
Article 26
SECTION 8
Examination as to jurisdiction and admissibility
Article 27
Where a court of a Member State is seised of a claim which is principally concerned with a matter over which the courts of another Member State have exclusive jurisdiction by virtue of Article 24, it shall declare of its own motion that it has no jurisdiction.
Article 28
SECTION 9
Lis pendens — related actions
Article 29
Article 30
Article 31
Article 32
For the purposes of this Section, a court shall be deemed to be seised:
at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the claimant has not subsequently failed to take the steps he was required to take to have service effected on the defendant; or
if the document has to be served before being lodged with the court, at the time when it is received by the authority responsible for service, provided that the claimant has not subsequently failed to take the steps he was required to take to have the document lodged with the court.
The authority responsible for service referred to in point (b) shall be the first authority receiving the documents to be served.
Article 33
Where jurisdiction is based on Article 4 or on Articles 7, 8 or 9 and proceedings are pending before a court of a third State at the time when a court in a Member State is seised of an action involving the same cause of action and between the same parties as the proceedings in the court of the third State, the court of the Member State may stay the proceedings if:
it is expected that the court of the third State will give a judgment capable of recognition and, where applicable, of enforcement in that Member State; and
the court of the Member State is satisfied that a stay is necessary for the proper administration of justice.
The court of the Member State may continue the proceedings at any time if:
the proceedings in the court of the third State are themselves stayed or discontinued;
it appears to the court of the Member State that the proceedings in the court of the third State are unlikely to be concluded within a reasonable time; or
the continuation of the proceedings is required for the proper administration of justice.
Article 34
Where jurisdiction is based on Article 4 or on Articles 7, 8 or 9 and an action is pending before a court of a third State at the time when a court in a Member State is seised of an action which is related to the action in the court of the third State, the court of the Member State may stay the proceedings if:
it is expedient to hear and determine the related actions together to avoid the risk of irreconcilable judgments resulting from separate proceedings;
it is expected that the court of the third State will give a judgment capable of recognition and, where applicable, of enforcement in that Member State; and
the court of the Member State is satisfied that a stay is necessary for the proper administration of justice.
The court of the Member State may continue the proceedings at any time if:
it appears to the court of the Member State that there is no longer a risk of irreconcilable judgments;
the proceedings in the court of the third State are themselves stayed or discontinued;
it appears to the court of the Member State that the proceedings in the court of the third State are unlikely to be concluded within a reasonable time; or
the continuation of the proceedings is required for the proper administration of justice.
SECTION 10
Provisional, including protective, measures
Article 35
Application may be made to the courts of a Member State for such provisional, including protective, measures as may be available under the law of that Member State, even if the courts of another Member State have jurisdiction as to the substance of the matter.
CHAPTER III
RECOGNITION AND ENFORCEMENT
SECTION 1
Recognition
Article 36
Article 37
A party who wishes to invoke in a Member State a judgment given in another Member State shall produce:
a copy of the judgment which satisfies the conditions necessary to establish its authenticity; and
the certificate issued pursuant to Article 53.
Article 38
The court or authority before which a judgment given in another Member State is invoked may suspend the proceedings, in whole or in part, if:
the judgment is challenged in the Member State of origin; or
an application has been submitted for a decision that there are no grounds for refusal of recognition as referred to in Article 45 or for a decision that the recognition is to be refused on the basis of one of those grounds.
SECTION 2
Enforcement
Article 39
A judgment given in a Member State which is enforceable in that Member State shall be enforceable in the other Member States without any declaration of enforceability being required.
Article 40
An enforceable judgment shall carry with it by operation of law the power to proceed to any protective measures which exist under the law of the Member State addressed.
Article 41
Article 42
For the purposes of enforcement in a Member State of a judgment given in another Member State, the applicant shall provide the competent enforcement authority with:
a copy of the judgment which satisfies the conditions necessary to establish its authenticity; and
the certificate issued pursuant to Article 53, certifying that the judgment is enforceable and containing an extract of the judgment as well as, where appropriate, relevant information on the recoverable costs of the proceedings and the calculation of interest.
For the purposes of enforcement in a Member State of a judgment given in another Member State ordering a provisional, including a protective, measure, the applicant shall provide the competent enforcement authority with:
a copy of the judgment which satisfies the conditions necessary to establish its authenticity;
the certificate issued pursuant to Article 53, containing a description of the measure and certifying that:
the court has jurisdiction as to the substance of the matter;
the judgment is enforceable in the Member State of origin; and
where the measure was ordered without the defendant being summoned to appear, proof of service of the judgment.
Article 43
Where the person against whom enforcement is sought is domiciled in a Member State other than the Member State of origin, he may request a translation of the judgment in order to contest the enforcement if the judgment is not written in or accompanied by a translation into either of the following languages:
a language which he understands; or
the official language of the Member State in which he is domiciled or, where there are several official languages in that Member State, the official language or one of the official languages of the place where he is domiciled.
Where a translation of the judgment is requested under the first subparagraph, no measures of enforcement may be taken other than protective measures until that translation has been provided to the person against whom enforcement is sought.
This paragraph shall not apply if the judgment has already been served on the person against whom enforcement is sought in one of the languages referred to in the first subparagraph or is accompanied by a translation into one of those languages.
Article 44