Cross-border recovery of maintenance in Europe

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Geographic and temporal scope of the Maintenance Regulation

 

The United Kingdom and Denmark did not participate in the adoption of the Regulation, which is reflected in the text of the Regulation. However, the United Kingdom accepted the Regulation following its adoption and the application of the Regulation was extended to the United Kingdom through a Commission decision (Commission Decision 2009/451/EC of 8 June 2009, OJ L 149, 12.06.2009, p. 73). 

Denmark notified the Commission by letter of 14 January 2009 of its decision to implement the contents of the Maintenance Regulation to the extent that this Regulation amends the Brussels I Regulation (see OJ L 149, 12.06.2009, p. 80 based on a parallel agreement concluded with the European Community on 19 October 2005 according to which Denmark shall notify the European Commission of its decision whether or not to implement the content of amendments to the Brussels I Regulation). This means that the content “of Maintenance Regulation will be applied to relations between the European Community and Denmark with the exception of the provisions in Chapters III and VII”. Also, “the provisions in Article 2 and Chapter IX of Maintenance Regulation are applicable only to the extent that they relate to jurisdiction, recognition, enforceability and enforcement of judgments, and access to justice” (see Denmark’s notification).