Cross-border recovery of maintenance in Europe

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Jurisdiction

Further jurisdictional rules

 

Examination as to admissibility, Article 11
Where proceedings are brought in a European Union Member State other than the State of habitual residence of the debtor and the debtor does not enter an appearance, Article 11(1) of the Maintenance Regulation requests the court with jurisdiction to “stay the proceedings so long as it is not shown that the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence, or that all necessary steps have been taken to this end”. If “the document instituting the proceedings or an equivalent document had to be transmitted from one Member State to another pursuant to” the Regulation on the Service of Documents Article 19 of that Regulation will apply instead of Article 11(1) of the Maintenance Regulation. Should the Regulation not be applicable but should the Hague Service Convention be applicable instead, Article 15 of that Convention shall apply, see Article 11(3) of the Maintenance Regulation.

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