Scope of application of Regulation Brussels II bis
Regulation Brussels II bis applies in civil matters relating to divorce, legal separation or marriage annulment. The Preamble clarifies at Paragraph (8) that only the dissolution of the matrimonial ties is covered and that ancillary issues such as maintenance or matrimonial property are not included in the Regulation’s substantive scope of application (Article 1.3). Parental responsibility matters that regularly arise in connection to matrimonial proceedings such as custody and access or visitation rights are also covered (but do not be covered by the present e-learning course).
The nature of the court or tribunal dealing with the dissolution of the matrimonial bond is irrelevant. Article 2.1 establishes that the term ‘court' shall cover all the authorities in the member states with jurisdiction in the matters falling within the scope of this Regulation. The Regulation therefore sets out rules on jurisdiction and the recognition of decisions that also apply when according to the rules in force in the respective member state the dissolution of the matrimonial ties is granted by administrative authorities.
The institutions of legal separation and annulment are not known in every European legal system, as indicated in Question A.1 of the national sections. The aim of the Regulation is not to harmonize substantive law. Whether it is or not possible to obtain a decision granting a legal separation or an annulment of a marriage in a given member state is an issue that depends on the law applicable as determined by the Private international law rules in force in that member state (see Thematic Unit 2 on the applicable law and Question A. 4 of the national sections). It might therefore well be that jurisdiction as regards legal separation is granted to the courts of a member state, but that in that member state it is not possible to obtain a legal separation because the law that applies to the matter does no establish the institution.
Regulation 2201/2003 does not apply in Denmark in accordance with Articles 1 and 2 of the Protocol No 22 on the position of Denmark annexed to the Treaty on European Union and Treaty on the Functioning of the European Union. The United Kingdom and Ireland decided to opt in and are therefore bound by the Regulation (see paragraph (30) of the Preamble).
Regulation Brussels II bis entered into force on 1st August 2004 and became applicable on 1st March 2005 (Article 72).