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Commission Decision (EU) 2016/1366 of 10 August 2016 confirming the participation of Estonia in enhanced cooperation in the area of the law applicable to divorce and legal separation

CELEX
32016D1366
Document type
DEC
Sector
Legislation
Date of document
2016-08-10
In force since
2016-08-12
Status
In force

Text

Article-level text, parsed from the formex manifestation.

Article 1 Participation of Estonia in enhanced cooperation

1 The participation of Estonia in enhanced cooperation in the area of the law applicable to divorce and legal separation authorised by Decision 2010/405/EU is confirmed.

2 Regulation (EU) No 1259/2010 shall apply to Estonia in accordance with this Decision.

Article 2 Information to be provided by Estonia

By 11 May 2017 Estonia shall communicate to the Commission its national provisions, if any, concerning: (a) the formal requirements applicable to agreements on the choice of applicable law pursuant to Article 7(2) to (4) of Regulation (EU) No 1259/2010; and (b) the possibility of designating the applicable law in accordance with Article 5(3) of Regulation (EU) No 1259/2010.

Article 3 Transitional provisions for Estonia

1 Regulation (EU) No 1259/2010 shall apply in Estonia only to legal proceedings instituted and to agreements of the kind referred to in Article 5 of Regulation (EU) No 1259/2010 concluded as from 11 February 2018. However, effect shall also be given in Estonia to an agreement on the choice of the applicable law concluded before 11 February 2018, provided that it complies with Articles 6 and 7 of Regulation (EU) No 1259/2010.

2 Regulation (EU) No 1259/2010 shall apply in Estonia without prejudice to agreements on the choice of the applicable law concluded in accordance with the law of a participating Member State whose court is seised before 11 February 2018.

Article 4 Entry into force and date of application of Regulation (EU) No 1259/2010 in Estonia

Regulation (EU) No 1259/2010 shall enter into force in Estonia on the day following that of the publication of this Decision in the Official Journal of the European Union. Regulation (EU) No 1259/2010 shall apply to Estonia from 11 February 2018.

Article 5 Entry into force

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

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