Kalpana Kalpana (Editor)

Maintenance regulation

Updated on
Edit
Like
Comment
Share on FacebookTweet on TwitterShare on LinkedInShare on Reddit
Made by
  
European Council

Date made
  
18 December 2008

Title
  
Council Regulation (EC) on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations

Applicability
  
all EU Member States (in part except Denmark)

Made under
  
Article 61(c) and Article 67(2) TEC

Journal reference
  
OJ L 7, 10 January 2009, pp 1–79

The Maintenance Regulation (EC) No 4/2009, formally the Council Regulation (EC) on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations is a European Union Regulation on conflict of law issues regarding maintenance obligations (e.g. alimony and child maintenance). The regulation governs which courts have jurisdiction and which law it should apply. It further governs the recognition and enforcement of decisions. The regulation is strongly aligned with the Hague Maintenance convention (which the European Union has signed but not yet ratified) and the Hague Maintenance Protocol of 2007. The regulation does partly to Denmark as it constitutes jurisdictions rules within the framework of the Brussels regime, for which an agreement exists between the European Union and Denmark.

Contents

Jurisdiction

The regulation grants jurisdiction to

  • The EU country where the defendant is habitually resident
  • The EU country where the creditor (the -proposed- receiver of maintenance) is habitually resident
  • The EU country responsible for determining the status of a person (if this is related to the maintenance question)
  • The EU country where governing parental responsibility (if this is related to the maintenance decision)

    • Parties may however (in cases not involving children below 18) conclude an agreement giving (exclusive) jurisdiction to

  • The EU nationality of one of the partners
  • The EU country of habitual residence of one of the partners
  • A non-EU country party to the Lugano convention (Iceland, Norway, Switzerland); subject to the requirements of the convention
  • Their last common residence of over 1 year (in the EU; for spouses or former spouses only)
  • The country governing the matrimonial regime (for spouses or former spouses only)

    • In addition, if a defendant appears in court proceedings in an EU country (while not disputing jurisdiction), then that court shall also have jurisdiction. If these rules do not grant jurisdiction to a Brussels regime (EU, Iceland, Norway, Switzerland) court, the court of the common nationality has jurisdiction. If also that is not possible, and if there is a connection to an EU member state, that state has jurisdiction in exceptional circumstances.

    If multiple eligible EU courts are seized, then the court seized first, has jurisdiction, and all other courts have to stay proceedings.

    Applicable law

    The law applicable to the maintenance proceedings is not automatically that of the chosen court (law of the forum). For the EU countries bound by the Hague Maintenance Protocol (all, except Denmark and the UK), the law of the creditor (the person obtaining maintenance) applies. However, in relations of parents to children, children to parents and by other persons towards persons below 21 (if they have never been spouses), the law of their common nationality or the law of the habitual residence of the debtor (the person who -is alleged to- owe maintenance) does apply. The parties may furthermore designate a law to apply -one of their nationalities, habitual residences, their property regime or divorce- except in cases regarding maintenance obligations towards vulnerable persons and children (under 18). In the case of Denmark and the United Kingdom, the applicable law is determined by their respective national laws.

    Applicability and scope

    The differences and relationships between the Convention, Protocol and the Regulation are shown below

    References

    Maintenance regulation Wikipedia
    (Text) CC BY-SA