CHAPTER IIIRECOGNITION AND ENFORCEMENT
SECTION 3Provisions common to Sections 1 and 2
Article 37Documents
1
A party seeking or contesting recognition or applying for a declaration of enforceability shall produce:
a
a copy of the judgment which satisfies the conditions necessary to establish its authenticity;
and
b
the certificate referred to in Article 39.
2
In addition, in the case of a judgment given in default, the party seeking recognition or applying for a declaration of enforceability shall produce:
a
the original or certified true copy of the document which establishes that the defaulting party was served with the document instituting the proceedings or with an equivalent document;
or
b
any document indicating that the defendant has accepted the judgment unequivocally.
Article 38Absence of documents
1
If the documents specified in Article 37(1)(b) or (2) are not produced, the court may specify a time for their production, accept equivalent documents or, if it considers that it has sufficient information before it, dispense with their production.
2
If the court so requires, a translation of such documents shall be furnished. The translation shall be certified by a person qualified to do so in one of the Member States.
Article 39Certificate concerning judgments in matrimonial matters and certificate concerning judgments on parental responsibility
The competent court or authority of a Member State of origin shall, at the request of any interested party, issue a certificate using the standard form set out in Annex I (judgments in matrimonial matters) or in Annex II (judgments on parental responsibility).