Recognition and Enforcement: Maintenance Regulation
Section 3 - Chapter IV
Section 3 of Chapter IV (Articles 39 – 43) of the Maintenance Regulation contains a number of common provisions on enforcement which apply to the recognition and enforcement of all decisions within the scope of the Regulation independent of whether the Member State of origin is bound by the 2007 Hague Protocol or not.
Of particular importance for the maintenance creditor is the rule set forth in Article 43 according to which, the “[r]ecovery of any costs incurred in the application of this Regulation shall not take precedence over the recovery of maintenance”.
Article 41 of the Maintenance Regulation emphasises, that the actual enforcement of a decision is, subject to the provisions of the Regulation governed by the Member State of enforcement.
Finally, Article 42 highlights the prohibition of a review as to the substance of the decision, which is a standard provision in instruments on recognition and enforcement of decisions.