Cross-border recovery of maintenance in Europe

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Jurisdiction

Further jurisdictional rules

 

Limit on proceedings
A restriction of jurisdiction may derive from Article 8 of the Maintenance Regulation. According to that rule, an existing maintenance decision given in a European Union Member State or Contracting State to the 2007 Hague Convention where the creditor was and continues to be habitually resident can, on the application of the debtor, only be modified or replaced by a new decision in that same State. An exception from this rule is possible, where :

  • the parties have agreed on the jurisdiction of the court in another Member State (Article 4);
  • the creditor submits to the jurisdiction of the courts in another Member State (Article 5);
  • the competent authority in the 2007 Hague Convention Contracting State in which the original maintenance decision was given cannot or refuses to exercise jurisdiction to modify the decision or to give a new decision; or
  • the decision given in the 2007 Hague Convention Contracting State of origin cannot be recognised or declared enforceable in the Member State where the proceedings to modify the decision or to have a new decision are contemplated.

See simplified overview below:

Chart: Limit on proceedings - Article 8 Maintenance Regulation
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It should be noted that Article 8 of the Maintenance Regulation mirrors a rule on negative jurisdiction contained in Article 18 of the 2007 Hague Convention.

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