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Activities of Arne GERICKE related to 2016/0060(CNS)

Plenary speeches (1)

Jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships (A8-0208/2016 - Jean-Marie Cavada) DE
2016/11/22
Dossiers: 2016/0060(CNS)

Amendments (5)

Amendment 1 #
Arne GERICKE, Branislav ŠKRIPEK
Proposal for a regulation
Recital 19
(19) This Regulation should not apply to areas of civil law other than the property consequences of registered partnerships. For reasons of clarity, a number of questions which could be seen as having a link with the property consequences of registered partnerships should be explicitly excluded from the scope of this Regulation.deleted
2016/05/09
Committee: JURI
Amendment 2 #
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 partners; however, this exclusion should not cover the specific powers and rights of either or both partners 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 3 #
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 registered partnership, which is covered by the national laws of the Member States, including their rules of private international law.deleted
2016/05/09
Committee: JURI
Amendment 4 #
Arne GERICKE, Branislav ŠKRIPEK
Proposal for a regulation
Recital 22
(22) As maintenance obligations between partners are governed by Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations23, they should be excluded from the scope of this Regulation, as should issues relating to the succession to the estate of a deceased partner, that are covered by Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession24. __________________ 23 OJ L 7, 10.1.2009, p. 1. 24 OJ L 201, 27.7.2012, p 107.deleted
2016/05/09
Committee: JURI
Amendment 7 #
Branislav ŠKRIPEK, Arne GERICKE
Proposal for a regulation
Article 10
Where no court of a Member State has jurisdiction under Articles 4, 5, 6, 7 and 8, or when all of the courts according to Article 9 have declined jurisdiction and no court of a Member State has jurisdiction under Article 6(e), Articles 7 and 8, the courts of a Member State shall have jurisdiction in so far as immoveable property of one or both partners 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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