Cross-border recovery of maintenance in Europe

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Maintenance Regulation - Section 1

 

This illustration explains the rules on recognition and enforcement, if Member State A is not bound by the 2007 Hague Protocol.

There are two member states A and B. Member state A is not bound by the 2007 Hague Protocol.

If there is an enforceable decision in member state A, there is no special procedure required for recognition in Member state B (Article 23 (1)). But a declaration of enforceability is needed. This declaration will be issued by the competent authority on the application of an interested party without review of grounds of non-recognition (Articles 26 and 30). The decision on the application for a declaration of enforceability is forthwith brought to notice to the applicant and is served on the other party.

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