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Activities of Arne GERICKE related to 2016/0059(CNS)

Plenary speeches (1)

Jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes (A8-0209/2016 - Jean-Marie Cavada) DE
2016/11/22
Dossiers: 2016/0059(CNS)

Amendments (6)

Amendment 1 #
Arne GERICKE, Branislav ŠKRIPEK
Proposal for a regulation
Recital 13
(13) According to Article 328(1) of the Treaty on the Functioning of the European Union, when enhanced cooperation is being established, it is to be open to all Member States, subject to compliance with any conditions of participation laid down by the authorising decision. It is also to be open to them at any other time, subject to compliance with the acts already adopted within that framework, in addition to those conditions. The Commission and the Member States participating in enhanced cooperation should ensure that they promote participation by as many Member States as possible. This Regulation should be binding in its entirety and directly applicable only in the participating Member States in accordance with the Treaties.deleted
2016/05/09
Committee: JURI
Amendment 2 #
Arne GERICKE, Branislav ŠKRIPEK
Proposal for a regulation
Recital 15
(15) To provide married couples with legal certainty as to their property and offer them a degree of predictability, all the rules applicable to matrimonial property regimes should be covered in a single instrument.deleted
2016/05/09
Committee: JURI
Amendment 3 #
Arne GERICKE, Branislav ŠKRIPEK
Proposal for a regulation
Recital 19
(19) For reasons of clarity, a number of questions which could be seen as having a link with matters of matrimonial property regime should be explicitly excluded from the scope of this Regulation.deleted
2016/05/09
Committee: JURI
Amendment 4 #
Arne GERICKE, Branislav ŠKRIPEK
Proposal for a regulation
Recital 20
(20) Accordingly, this Regulation should not apply to questions of general legal capacity of the spouses; however, this exclusion should not cover the specific powers and rights of either or both spouses with regard to property, either as between themselves or as regards third parties, as these powers and rights should fall under the scope of the Regulation.deleted
2016/05/09
Committee: JURI
Amendment 5 #
Arne GERICKE, Branislav ŠKRIPEK
Proposal for a regulation
Recital 21
(21) It should not apply to other preliminary questions such as the existence, validity or recognition of a marriage, which continue to be covered by the national law of the Member States, including their rules of private international law.deleted
2016/05/09
Committee: JURI
Amendment 8 #
Branislav ŠKRIPEK, Arne GERICKE
Proposal for a regulation
Article 10
Where no court of a Member State has jurisdiction according to Articles 4, 5, 6, 7 and 8 or when all the courts according to Article 9 have declined jurisdiction and no court has jurisdiction under Article 9 (2), the courts of a Member State shall have jurisdiction in so far as immoveable property of one or both spouses are located in the territory of that Member State, but in that event the court seised shall have jurisdiction to rule only in respect of the immoveable property in question. In the framework of this regulation, mutual recognition of administrative documents cannot contradict the principle of subsidiarity; this regulation cannot urge Member States to harmonise their national family law, including matrimonial property regimes.
2016/05/09
Committee: JURI
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