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Maintenance regulation

The Maintenance Regulation (EC) No 4/2009,[1] 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 amends the Brussels Regulation, which covers jurisdiction in legal disputes of a civil or commercial nature between individuals more broadly.

Regulation (EC) No 4/2009
European Union regulation
TitleCouncil Regulation (EC) on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations
Applicabilityall EU Member States (in part except Denmark)
Made byEuropean Council
Made underArticle 61(c) and Article 67(2) TEC
Journal referenceOJ L 7, 10 January 2009, pp 1–79
History
Date made18 December 2008
Came into force30 January 2009
Implementation date18 June 2011
Current legislation

The content of the regulation is strongly aligned with the Hague Maintenance convention and the Hague Maintenance Protocol of 2007.

The member states of the European Union originally conclude a convention amongst themselves on maintenance payments, which was signed on 11 June 1990 but never entered into force as it was not ratified by all EU member states.[2][3] The substance of this convention was replaced by the regulation, which originally applied directly to all member states except the United Kingdom and Denmark. The UK subsequently accepted the regulation, and was approved to participate by the Commission in June 2009.[4] It applied to the UK until 1 January 2021 (the end of the transition period, following Brexit). Denmark has a full opt-out from implementing regulations under the area of freedom, security and justice. However, in 2005 Denmark signed an international agreement with the European Community to apply the provisions of the 2001 Brussels Regulation between the EU and Denmark.[5] Denmark notified the Commission of its acceptance of the amendments to the Brussels Regulation made by the Maintenance regulation in January 2009.[6] As such, it partially applies the maintenance regulation, in so far as it amends the Brussels regulation on jurisdiction.

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

Header text Maintenance Regulation Hague Convention Hague Protocol
EU Applicability European Union (partly excluding Denmark) European Union (excluding Denmark) European Union (excluding Denmark)
non-EU - Albania, Brazail, Bosnia-Herzegovina, Guyana, Honduras, Kazakhstan, Montenegro, Nicaragua, Norway, Turkey, Ukraine, United Kingdom, United States Brazil, Kazakhstan, Serbia
Entry into force 18 June 2011 1 January 2013
EU: 1 August 2014
1 August 2013
EU:Applied provisionally since 18 June 2011
Scope All maintenance
from family relationships
Child maintenance (can be extended to others)
All maintenance from family relationships
Jurisdiction provisions yes only for change of existing maintenance agreements yes
Choice of law provisions yes (for Protocol parties) no yes
Central authority system yes (excl. Denmark) yes no

See also

References

  1. ^ "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". Official Journal of the European Union. L (7): 1. 2009-01-10. Retrieved 2018-12-28.
  2. ^ "Convention between the Member States of the European Communities on the simplification of procedures for the recovery of maintencance payments". Council of the European Union. Retrieved 2019-01-06.
  3. ^ "Convention between the Member States of the European Communities on the simplification of procedures for the recovery of maintenance payments". Government of the Netherlands. Retrieved 2019-01-06.
  4. ^ "COMMISSION DECISION of 8 June 2009 on the intention of the United Kingdom to accept Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations". Official Journal of the European Union. L (149): 73. 2009-06-12. Retrieved 2018-12-28.
  5. ^ "Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters". Council of the European Union. Retrieved 2014-11-08.
  6. ^ "Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters". Official Journal of the European Union. L (149): 80. 2009-06-12.

External links

  • 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

maintenance, regulation, this, article, relies, excessively, references, primary, sources, please, improve, this, article, adding, secondary, tertiary, sources, find, sources, news, newspapers, books, scholar, jstor, july, 2013, learn, when, remove, this, temp. This article relies excessively on references to primary sources Please improve this article by adding secondary or tertiary sources Find sources Maintenance regulation news newspapers books scholar JSTOR July 2013 Learn how and when to remove this template message The Maintenance Regulation EC No 4 2009 1 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 amends the Brussels Regulation which covers jurisdiction in legal disputes of a civil or commercial nature between individuals more broadly Regulation EC No 4 2009European Union regulationTitleCouncil Regulation EC on jurisdiction applicable law recognition and enforcement of decisions and cooperation in matters relating to maintenance obligationsApplicabilityall EU Member States in part except Denmark Made byEuropean CouncilMade underArticle 61 c and Article 67 2 TECJournal referenceOJ L 7 10 January 2009 pp 1 79HistoryDate made18 December 2008Came into force30 January 2009Implementation date18 June 2011Current legislationThe content of the regulation is strongly aligned with the Hague Maintenance convention and the Hague Maintenance Protocol of 2007 The member states of the European Union originally conclude a convention amongst themselves on maintenance payments which was signed on 11 June 1990 but never entered into force as it was not ratified by all EU member states 2 3 The substance of this convention was replaced by the regulation which originally applied directly to all member states except the United Kingdom and Denmark The UK subsequently accepted the regulation and was approved to participate by the Commission in June 2009 4 It applied to the UK until 1 January 2021 the end of the transition period following Brexit Denmark has a full opt out from implementing regulations under the area of freedom security and justice However in 2005 Denmark signed an international agreement with the European Community to apply the provisions of the 2001 Brussels Regulation between the EU and Denmark 5 Denmark notified the Commission of its acceptance of the amendments to the Brussels Regulation made by the Maintenance regulation in January 2009 6 As such it partially applies the maintenance regulation in so far as it amends the Brussels regulation on jurisdiction Contents 1 Jurisdiction 2 Applicable law 3 Applicability and scope 4 See also 5 References 6 External linksJurisdiction EditThe 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 EditFurther information Hague Maintenance Convention 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 EditThe differences and relationships between the Convention Protocol and the Regulation are shown below Header text Maintenance Regulation Hague Convention Hague ProtocolEU Applicability European Union partly excluding Denmark European Union excluding Denmark European Union excluding Denmark non EU Albania Brazail Bosnia Herzegovina Guyana Honduras Kazakhstan Montenegro Nicaragua Norway Turkey Ukraine United Kingdom United States Brazil Kazakhstan SerbiaEntry into force 18 June 2011 1 January 2013EU 1 August 2014 1 August 2013EU Applied provisionally since 18 June 2011Scope All maintenancefrom family relationships Child maintenance can be extended to others All maintenance from family relationshipsJurisdiction provisions yes only for change of existing maintenance agreements yesChoice of law provisions yes for Protocol parties no yesCentral authority system yes excl Denmark yes noSee also EditBrussels II regulation jurisdiction in other family law matters Rome III applicable law to divorce References Edit 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 Official Journal of the European Union L 7 1 2009 01 10 Retrieved 2018 12 28 Convention between the Member States of the European Communities on the simplification of procedures for the recovery of maintencance payments Council of the European Union Retrieved 2019 01 06 Convention between the Member States of the European Communities on the simplification of procedures for the recovery of maintenance payments Government of the Netherlands Retrieved 2019 01 06 COMMISSION DECISION of 8 June 2009 on the intention of the United Kingdom to accept Council Regulation EC No 4 2009 on jurisdiction applicable law recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations Official Journal of the European Union L 149 73 2009 06 12 Retrieved 2018 12 28 Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters Council of the European Union Retrieved 2014 11 08 Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters Official Journal of the European Union L 149 80 2009 06 12 External links EditCOUNCIL 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 Retrieved from https en wikipedia org w index php title Maintenance regulation amp oldid 1164925922, wikipedia, wiki, book, books, library,

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