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MT 12 June 2016

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18 of the 28 EU member states will start working closer together on rules applica- ble to property regimes for international married couples or registered partner- ships. The Justice Council of the European Commission on Friday adopted a decision authorising this enhanced cooperation and also agreed to implement regula- tions that would establish clear rules in cases of divorce or death and bring an end to parallel and possibly conflicting proceedings in various member states, for instance on property or bank accounts. These proposals will clarify which na- tional court is competent to help couples manage their property or distribute it be- tween them in case of divorce, separation or death. They will also clearly lay down which law shall apply when the laws of several countries could potentially apply to the case (rules on applicable law). The recognition and enforcement of a judgment in one member state on property matters given in another will also be greatly facilitated once the regulations come into effect. Commission First Vice-President Frans Timmermans said he welcomed this decision, as it gave more certainty to international couples – whether married or in registered partnerships – about what happens if one of the partners died or if the couple broke up. "Although I wish we had been able to take this forward in the EU as a whole, many people going through difficult times will directly benefit from this cooperation between 18 Member States," he said. Vera Jourová, EU Justice Commis- sioner said this decision was important for 16 million international couples who often had to go through burdensome admin- istrative procedures and unclear legal situations, in case of divorce or death of a partner. "The new proposed rules will bring legal clarity and ease the complicated process of dividing up joint assets no matter where they are located," she said. Since it was not possible to reach una- nimity among 28 member states on pro- posals originally brought forward in 2011, the Commission had proposed enhanced cooperation to Member States willing to join this initiative in March 2016. Now Belgium, Bulgaria, Cyprus, the Czech Republic, Germany, Greece, Spain, France, Croatia, Italy, Luxem- bourg, Malta, the Netherlands, Austria, Portugal, Slovenia, Finland and Sweden have enhanced their cooperation. The other member states are free to join at any time after the formal adoption of the proposals. The European Parliament is expected to vote on the proposals on 22 June and the final adoption by the Council of the two regulations will take place on 27 June. In this respect, Estonia announced its inten- tion to take part. Property & Construction maltatoday Cooperation on property regime rules for couples or partnerships 18 EU member states agree to cooperate on clear rules in cases of divorce or death Proposals will clarify which national court is competent to help couples manage their property

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