Cross-border recovery of maintenance in Europe

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Court settlements, authentic instruments

 

It is furthermore important to note that court settlements which are enforceable in the European Union Member State of origin will be recognised and be enforceable in another Member State under Chapter IV of the Maintenance Regulation in the same way as decisions, see for further details Article 48 of the Maintenance Regulation (see also Recital 13).

The 2007 Hague Convention goes even somewhat further than the Maintenance Regulation in this regard. Article 19 of the Convention states that the “term ‘decision’ also includes a settlement or agreement concluded before or approved by […] an authority […]” and that the Chapter on Recognition and Enforcement “also applies to maintenance arrangements in accordance with Article 30 [of the Convention]”. See for further details, Article 30 of the Convention. It should however be noted that Contracting States “may, in accordance with Article 62, reserve the right not to recognise and enforce a maintenance arrangement”, see Article 30(8) of the Convention.