Cross-border recovery of maintenance in Europe

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Jurisdiction

Further jurisdictional rules

 

Seising of the court, Article 9
Article 9 of the Maintenance Regulation defines a court as seised either:

  • „at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the claimant has not subsequently failed to take the steps he was required to take to have service effected on the defendant“; or
  • „if the document has to be served before being lodged with the court, at the time when it is received by the authority responsible for service, provided that the claimant has not subsequently failed to take the steps he was required to take to have the document lodged with the court“.

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