Mandatory use of a form [European Regulation in matters of international successions]

Mandatory use of a form: Article 46

This part concerns Article 46^[1]

The decision handed down by a court of another Member State must be accompanied by Form I, filled out by the said court, as provided by Implementing Regulation EU n°1329/2014 of 9 December 2014.

This form provides proof that the decision has been declared enforceable in its State of origin.

If it appears that the decision for which exequatur is sought is the subject of a challenge in its State of origin, a stay of proceedings must be ordered (Article 42^[2]).

Notes

Article 46
Procedure
1. The application procedure shall be governed by the law of the Member State of enforcement.
2. The applicant shall not be required to have a postal address or an authorised representative in the Member State of enforcement.
3. The application shall be accompanied by the following documents:
  - a) a copy of the decision which satisfies the conditions necessary to establish its authenticity;
  - b) the attestation issued by the court or competent authority of the Member State of origin using the form established in accordance with the advisory procedure referred to in Article 81(2), without prejudice to Article 47.
Article 42
Staying of recognition proceedings
A court of a Member State in which recognition is sought of a decision given in another Member State may stay the proceedings if an ordinary appeal against the decision has been lodged in the Member State of origin.