Brussels IIb Regulation - Matrimonial matters and matters of parental responsibility (recast)

Estonia

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Estonia

Family Law - Brussels IIb Regulation - Matrimonial matters and matters of parental responsibility (recast)


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Article 103 (1) (a) (1st part) – Public authorities or other authorities authorized to establish an authentic instrument referred to in point (2)(b) of Article 2(2), and public authorities authorized to register an agreement referred to in point (3) of Article 2(2)

Please note that the original language version of this page Estonian has been amended recently. The language version you are now viewing is currently being prepared by our translators.

Drawing up an authentic instrument referred to in point (2)(b) of Article 2(2) is the task of a notary. A list of notaries can be found on the website of the Chamber of Notaries (Notarite Koda).

Registering an agreement referred to in point (3) of Article 2(2) is the task of the civil registry office of the local authority of the county centre (maakonnakeskus). A list of these offices can be found here.

Article 103 (1) (a) (2nd part) – Administrative authorities granting legal aid referred to in Article 74(2)

There is currently no such administrative authority in Estonia. In Estonia, services from notaries and civil registry offices are not free of charge.

Article 103 (1) (b) (1st part) – Courts competent to issue certificates for a decision pursuant to Article 36(1), and courts and authorities competent to issue a certificate for an authentic instrument or agreement referred to in Article 66

Please note that the original language version of this page Estonian has been amended recently. The language version you are now viewing is currently being prepared by our translators.

In Estonia, issuing certificates for a decision as referred to in Article 36(1) is the task of the county court.

Certificates for an authentic instrument drawn up by a notary or certificates for an authentic agreement drawn up by a civil registry office, as referred to in Article 66, may be issued by either a notary or the civil registry office of the local authority of the county centre. A list of notaries can be found here, and a list of civil registry offices can be found here.

Article 103 (1) (b) (2nd part) – Courts competent to rectify certificates referred to in Article 37(1), Article 48(1), and courts competent to issue a certificate specifying that the lack or limitation of a certified decision referred to in Article 49; and courts and authorities competent to rectify the certificate, issued under Article 66(1), referred to in Article 67(1);

Please note that the original language version of this page Estonian has been amended recently. The language version you are now viewing is currently being prepared by our translators.

In Estonia, rectifying the certificate referred to in Article 37(1) and Article 48(1) and issuing the certificate referred to in Article 49 is the task of a county court.

Rectifying the certificate for an authentic instrument drawn up by a notary, as referred to in Article 67(1), is the task of a notary. A list of notaries can be found here.

Rectifying the certificate for an authentic agreement drawn up by a civil registry office, as referred to in Article 67(1), is the task of the local authority of the county centre. A list of these offices can be found here.

Article 103 (1) (c) – Courts competent for recognition of a decision (Article 30(3)) and for the refusal of recognition (Article 40(2)), as well as the courts and authorities competent for refusal of enforcement, for challenge or appeal, and for further challenge or appeal referred to in 58(1), 61(2) and 62

The applications provided for in Articles 30(3), 40(2) and 58(1) are submitted to the county court. The application provided for in Article 61(2) is submitted to the district court, and the application provided for in Article 62 is submitted to the Supreme Court.

Article 103 (1) (d) – Authorities competent for enforcement referred to in Article 52

In Estonia, bailiffs are competent to enforce decisions. The claimant chooses a bailiff from the area in which the debtor lives. Bailiffs operate in four county court districts: Harjumaa, Pärnumaa, Tartumaa and Virumaa.

A list of bailiffs can be found on the Chamber of Bailiffs and Trustees in Bankruptcy (Kohtutäiturite ja Pankrotihaldurite Koda) website.

Article 103 (1) (e) – Redress procedures against a decision on the application for refusal of enforcement referred to in Articles 61 and 62

In Estonia, the challenge referred to in Article 61 is submitted to the district court, and the challenge referred to in Article 62 is submitted to the Supreme Court.

Article 103 (1) (f) – Names, addresses and means of communication for the Central Authorities designated to assist with the application of the Regulation in matters of parental responsibility. In case more than one Central Authority is designated, geographical and functional jurisdiction of each Central Authority to be indicated as referred to in Article 76

In respect of Articles 77(1), 79(c), (d) and (e) and 81, the central authority in Estonia is:

Ministry of Justice (Justiitsministeerium)

International Judicial Cooperation Division

Suur-Ameerika 1, 10122 Tallinn

Email: central.authority@just.ee,

Tel.: (+372) 620 8183, (+372) 620 8186, (+372) 620 8190

In respect of Articles 79(a), (b), (f) and (g), 80 and 82, the central authority in Estonia is:

Social Insurance Board (Sotsiaalkindlustusamet)

Paldiski mnt 80, 15092 Tallinn

Email: childprotection@sotsiaalkindlustusamet.ee,

Tel.: (+372) 612 1360, (+372) 531 8850, (+372) 5345 1792

Article 103 (1) (g) – If applicable, categories of close relatives, in addition to parents, with which the child may be placed within the territory of a Member State, without the prior consent of that Member State as referred to in Article 82

In Estonia, children may be placed without prior consent only with a parent.

Article 103 (1) (h) – Languages of the institutions of the European Union other than the own language of a Member State, in which communications to its Central Authorities can be accepted as referred to in Article 91(3))

In accordance with Article 91(3), the Estonian central authorities accept communications in both Estonian and English.

Article 103 (1) (i) – Languages accepted for the translations of requests and accompanying documents sent under Articles 80, 81, 82, and of the free text fields of the certificates as referred to in Article 91(2)

In accordance with Article 91(2), the languages accepted for the translations of requests and accompanying documents referred to in Articles 80, 81, 82, and of the free text fields of certificates, are Estonian and English.

Last update: 29/07/2022

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