ANNEX 1.) in Accordance with Article 74, Paragraph 1 of the Council
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ANNEX 1.) In accordance with Article 74, paragraph 1 of the Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the relevant data mentioned in Annexes I-IV are as follows: - for Annex I – the rule on jurisdiction as referred to in Art. 3 par. 2 and Art. 4 par. 2 is: Article 54 of the Act on the Resolution of Conflicts of Laws with the Regulations of Other Countries in Specific Relations; - for Annex II - the courts or competent authorities to which the application referred to in Art. 39 may be submitted are: municipal courts, Municipal Civil Court in Zagreb and commercial courts for commercial matters; - for Annex III - the courts with which appeals referred to in Art. 43 par. 2 may be lodged are: county court through the municipal court and the High Commercial Court of the Republic of Croatia through the commercial court. 2.) In accordance with Article 68 paragraph 1 of the Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, where Member States notify the list of courts and legal remedies as referred to in Art. 21, 29, 33 and 34 of the Regulation, the Republic of Croatia states as follows: the courts the interested parties may contact and through which legal remedies for second- instance courts (county courts) are submitted are listed in the Annex II, par. I and par. II (municipal courts). List of locations in alphabetical order and postal codes is in the Annex II, par. III. 3.) In accordance with Article 71 paragraph 1 of the Council 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 obligations, the Republic of Croatia states as follows: Article 71, paragraph 1, item a) The names and contact details of the courts with competence to deal with applications for a declaration of enforceability and with appeals against decisions on such applications are: municipal courts, as listed in Annex II, par. I. Article 71, paragraph 1, item b) The decision on legal remedy as referred to in Article 33 of the Regulation may be contested only by the proposal of the party to repeat the procedure (according to the provisions of Articles 421 – 428. of the Civil Procedure Act). The proposal to repeat the procedure shall always be submitted to the court which rendered the decision in the first-instance (as listed in Annex II, par. I.). Article 71, paragraph 1, item c) According to the Civil Procedure Act, the procedure of repeated examination for the purposes of Article 19 of the Regulation shall be initiated upon the proposal of the party on the repeated procedure (according to the provisions of Articles 421 – 428 of the Civil Procedure Act). The proposal to repeat the procedure shall always be submitted to the court which rendered the decision in the first-instance (as listed in Annex II, par. I). According to Article 117 of the Civil Procedure Act – the party may file a motion to restore a prior status, which shall be filed to the court at which the omitted action was supposed to be taken (as listed in Annex II, par. I). Article 71, paragraph 1, item f) The contact details of the authorities with competence in matters of enforcement for the purposes of Art. 21 of the Regulation are listed in Annex II, par. I Article 71, paragraph 1, item g) The language accepted for translations of the documents referred to in Art. 20, 28 and 40 of the Regulation - in the Republic of Croatia the official language is the Croatian language and the use of Latin script (Art. 6 of the Civil Procedure Act). 4.) In accordance with Article 23 of the Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000, where Member States notify the relevant data as referred to in Art. 2, 3, 4, 10, 11, 13, 15 and 19 of the Regulation, the Republic of Croatia states as follows: Article 2 paragraph 1: Transmitting agencies competent for service of documents in other member states are: - in case of judicial documents, the court to effect service; - in case of extrajudicial documents, the municipal court within whose district a person to be served has its legal residence or habitual residence or a registered seat; - in case of documents certified or issued by notaries public, a municipal court within whose district their seat is located. For the purpose of performing these activities the president of the Supreme Court of the Republic of Croatia may appoint only one or several municipal courts from the territory of one or several county courts. Article 2 paragraph 2: Receiving agency competent for service of documents in the Republic of Croatia is: - the municipal court within whose district documents are to be served, listed in Annex II, par. I and II. List of locations in alphabetical order and postal codes is in the Annex II, par. III. For the purpose of performing these activities, the president of the Supreme Court of the Republic of Croatia may appoint only one or several municipal courts from the territory of one or several county courts Article 3: The central body responsible for supplying information to the transmitting agencies; seeking solutions to any difficulties which may arise during transmission of documents for service; forwarding, in exceptional cases, at the request of a transmitting agency, a request for service to the competent receiving agency is: Ministry of Justice of the Republic of Croatia Ulica grada Vukovara 49 tel: +385 1 371 40 00 fax: +385 1 371 45 07 web: www.mprh.hr Article 4: The Republic of Croatia shall accept the standard forms of requests filled in in Croatian language. Article 8, paragraph 3 and Article 9, paragraph 2: According to the national law of the Republic of Croatia there are no mandatory deadlines for the service of documents. Article 10: The Republic of Croatia shall accept the certificate of service in Croatian language. Article 13: a) the Republic of Croatia does not object to the service of documents by diplomatic or consular agents under the conditions as referred to in Article 13, paragraph 1, b) the Republic of Croatia objects to the service of documents by the courts of member states to the party which is in the Republic of Croatia, except if it relates to the service to citizens of the member states whose documents are submitted (Article 13, paragraph 2. Article 15: According to the Croatian law direct service is not allowed. Article 19: a) Croatian courts may render judgments if the conditions as referred to in Article 19, paragraph 2 are fulfilled, b) the motion to restore a prior status will not be allowed if it is submitted after the expiry of the deadline of one year from the date of rendering the judgment. 5.) In accordance with Article 22 of the Council Regulation (EC) No 1206/2001of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters, where Member States notify the relevant data, the Republic of Croatia states as follows: Article 2 paragraph 1: The court competent for the performance of taking of evidence as the requested court in the Republic of Croatia is: - municipal court within whose district a procedural action is to be taken (as listed in Annex I, par. I) or the president of the Supreme Court of the Republic of Croatia may, for the performance of taking of evidence within the meaning of the Regulation, authorize only one or several municipal courts from the territory of one or several county courts. Receiving agencies in the Republic of Croatia – names and addresses and geographical territories for which they are competent are listed in the Annex II, par. II. The adresses of the above mentioned municipal courts are listed in the Annex II, par. I. List of locations in alphabetical order and postal codes is in the Annex II, par. III. Article 3 paragraph 1: A central body responsible for supplying information to the courts; seeking solutions to any difficulties which may arise in respect of a request; forwarding, in exceptional cases, at the request of a requesting court, a request to the competent court is: Ministarstvo pravosuĎa Republike Hrvatske Ulica grada Vukovara 49 tel: +385 1 371 40 00 fax: +385 1 371 45 07 web: www.mprh.hr Article 5: The Republic of Croatia shall receive the forms in Croatian language. Article 21: Relationship with existing or future agreements or arrangements between Member States - agreements or arrangements concluded between the Republic of Croatia and the member states: - Agreement on Mutual Legal Exchange between the Federal People’s Republic of Yugoslavia and the Republic of Austria from December 16, 1954, - Agreement on Legal Cooperation in Civil and Commercial Matters between the Socialist Federal Republic of Yugoslavia and the Kingdom of Belgium from September 24, 1971, - Agreement between the Federal People’s Republic of Yugoslavia and the People’s Republic of Bulgaria on Mutual Legal Cooperation from March 23, 1956, - Agreement between the Socialist Federal Republic of Yugoslavia and the Czech Socialist Republic on Regulation of Legal Relationship in Civil, Family, and Criminal Matters