INHALT

Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations

COUNCIL REGULATION (EC) No 4/2009
of 18 December 2008
on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations
CHAPTER I
SCOPE AND DEFINITIONS
Article 1
Scope of application
Article 2
Definitions
CHAPTER II
JURISDICTION
Article 3
General provisions
Article 4
Choice of court
Article 5
Jurisdiction based on the appearance of the defendant
Article 6
Subsidiary jurisdiction
Article 7
Forum necessitatis
Article 8
Limit on proceedings
Article 9
Seising of a court
Article 10
Examination as to jurisdiction
Article 11
Examination as to admissibility
Article 12
Lis pendens
Article 13
Related actions
Article 14
Provisional, including protective, measures
CHAPTER III
APPLICABLE LAW
Article 15
Determination of the applicable law
CHAPTER IV
RECOGNITION, ENFORCEABILITY AND ENFORCEMENT OF DECISIONS
Article 16
Scope of application of this Chapter
SECTION 1
Decisions given in a Member State bound by the 2007 Hague Protocol
Article 17
Abolition of exequatur
Article 18
Protective measures
Article 19
Right to apply for a review
Article 20
Documents for the purposes of enforcement
Article 21
Refusal or suspension of enforcement
Article 22
No effect on the existence of family relationships
SECTION 2
Decisions given in a Member State not bound by the 2007 Hague Protocol
Article 23
Recognition
Article 24
Grounds of refusal of recognition
Article 25
Staying of recognition proceedings
Article 26
Enforceability
Article 27
Jurisdiction of local courts
Article 28
Procedure
Article 29
Non-production of the extract
Article 30
Declaration of enforceability
Article 31
Notice of the decision on the application for a declaration
Article 32
Appeal against the decision on the application for a declaration
Article 33
Proceedings to contest the decision given on appeal
Article 34
Refusal or revocation of a declaration of enforceability
Article 35
Staying of proceedings
Article 36
Provisional, including protective measures
Article 37
Partial enforceability
Article 38
No charge, duty or fee
SECTION 3
Common provisions
Article 39
Provisional enforceability
Article 40
Invoking a recognised decision
Article 41
Proceedings and conditions for enforcement
Article 42
No review as to substance
Article 43
No precedence for the recovery of costs
CHAPTER V
ACCESS TO JUSTICE
Article 44
Right to legal aid
Article 45
Content of legal aid
Article 46
Free legal aid for applications through Central Authorities concerning maintenance to children
Article 47
Cases not covered by Article 46
CHAPTER VI
COURT SETTLEMENTS AND AUTHENTIC INSTRUMENTS
Article 48
Application of this Regulation to court settlements and authentic instruments
CHAPTER VII
COOPERATION BETWEEN CENTRAL AUTHORITIES
Article 49
Designation of Central Authorities
Article 50
General functions of Central Authorities
Article 51
Specific functions of Central Authorities
Article 52
Power of attorney
Article 53
Requests for specific measures
Article 54
Central Authority costs
Article 55
Application through Central Authorities
Article 56
Available applications
Article 57
Application contents
Article 58
Transmission, receipt and processing of applications and cases through Central Authorities
Article 59
Languages
Article 60
Meetings
Article 61
Access to information for Central Authorities
Article 62
Transmission and use of information
Article 63
Notification of the data subject
CHAPTER VIII
PUBLIC BODIES
Article 64
Public bodies as applicants
CHAPTER IX
GENERAL AND FINAL PROVISIONS
Article 65
Legalisation or other similar formality
Article 66
Translation of supporting documents
Article 67
Recovery of costs
Article 68
Relations with other Community instruments
Article 69
Relations with existing international conventions and agreements
Article 70
Information made available to the public
Article 71
Information on contact details and languages (modelled on Article 25 of Regulation (EC) No 861/2007)
Article 72
Amendments to the forms
Article 73
Committee
Article 74
Review clause
Article 75
Transitional provisions
Article 76
Entry into force
ANNEX I
EXTRACT FROM A DECISION/COURT SETTLEMENT IN MATTERS RELATING TO MAINTENANCE OBLIGATIONS NOT SUBJECT TO PROCEEDINGS FOR RECOGNITION OR A DECLARATION OF ENFORCEABILITY
IMPORTANT
1. Nature of the document
2. Court of origin
3. Claimant(s)
(
*1
)
(
*2
)
3.1. Person A
3.2. Person B
3.3. Person C
4. Defendant(s)
(
*1
)
(
*2
)
4.1. Person A
4.2. Person B
4.3. Person C
5. Terms of the decision/court settlement
5.1. Currency
5.2. Maintenance claim
(
*3
)
5.2.1. Maintenance claim A
5.2.2. Maintenance claim B
5.2.3. Maintenance claim C
5.3. Costs and expenses
ANNEX II
EXTRACT FROM A DECISION/COURT SETTLEMENT IN MATTERS RELATING TO MAINTENANCE OBLIGATIONS SUBJECT TO PROCEEDINGS FOR RECOGNITION AND A DECLARATION OF ENFORCEABILITY
IMPORTANT
1. Nature of the document
2. Court of origin
3. Claimant(s)
(
*1
)
(
*2
)
3.1. Person A
3.2. Person B
3.3. Person C
4. Defendant(s)
(
*1
)
(
*2
)
4.1. Person A
4.2. Person B
4.3. Person C
5. Terms of the decision/court settlement
5.1. Currency
5.2. Maintenance claim
(
*3
)
5.2.1. Maintenance claim A
5.2.2. Maintenance claim B
5.2.3. Maintenance claim C
5.3. Costs and expenses
ANNEX III
EXTRACT FROM AN AUTHENTIC INSTRUMENT IN MATTERS RELATING TO MAINTENANCE OBLIGATIONS NOT SUBJECT TO PROCEEDINGS FOR RECOGNITION OR A DECLARATION OF ENFORCEABILITY
IMPORTANT
2. Nature of the authentic instrument
3. Creditor(s)
(
*1
)
3.1. Person A
3.2. Person B
3.3. Person C
4. Debtor(s)
(
*1
)
4.1. Person A
4.2. Person B
4.3. Person C
5. Contents of the authentic instrument
5.1. Currency
5.2. Maintenance claim
(
*2
)
5.2.1. Maintenance claim A
5.2.2. Maintenance claim B
5.2.3. Maintenance claim C
5.3. Costs
ANNEX IV
EXTRACT FROM AN AUTHENTIC INSTRUMENT IN MATTERS RELATING TO MAINTENANCE OBLIGATIONS SUBJECT TO PROCEEDINGS FOR RECOGNITION AND A DECLARATION OF ENFORCEABILITY
IMPORTANT
2. Nature of the authentic instrument
3. Creditor(s)
(
*1
)
3.1. Person A
3.2. Person B
3.3. Person C
4. Debtor(s)
(
*1
)
4.1. Person A
4.2. Person B
4.3. Person C
5. Contents of the authentic instrument
5.1. Currency
5.2. Maintenance claim
(
*2
)
5.2.1. Maintenance claim A
5.2.2. Maintenance claim B
5.2.3. Maintenance claim C
5.3. Costs
ANNEX V
1. Requesting Central Authority
2. Requested Central Authority
3. Request
3.1. The purpose of the specific measure requested is to:
3.2. Grounds for the request:
3.3. The information requested relates to:
3.4. Information requested
5. Person responsible for following up the request:
6. Measures taken and results obtained
7. Information collected:
7.1. Without recourse to Articles 61, 62 and 63 of Regulation (EC) No 4/2009:
7.2. Pursuant to Articles 61, 62 and 63 of Regulation (EC) No 4/2009:
8. Inability to communicate the requested information
ANNEX VI
1. Application
2. Requesting Central Authority
3. Requested Central Authority
4. Documents attached
(
*1
)
to the application in the case of a decision made in a Member State
5. Documents attached
(
*1
)
to the application in the case of a decision made in a third State
6. Application
7. Decision
8. Applicant
8.1. Natural person
8.2. Public body
9. Defendant
10. Any other information that may help locate the defendant:
11. Person(s) for whom maintenance is sought or owed
(
*6
)
11.3.1. Person A
11.3.2. Person B
11.3.3. Person C
12. Debtor
13. Information regarding payment, if the application is made by the creditor
13.1. Payment by electronic means
13.2. Payment by cheque
14. Additional information (where applicable):
ANNEX VII
1. Application
2. Requesting Central Authority
3. Requested Central Authority
4. Documents attached
(
*1
)
to the application, as appropriate
5. Application
6. Applicant
7. Defendant
8. Any other information that may help locate the defendant:
9. Person(s) for whom maintenance is sought or owed
(
*4
)
9.3.1. Person A
9.3.2. Person B
9.3.3. Person C
10. Debtor
11. Information on the financial situation of the persons concerned by the application (only give information which is relevant for the purpose of obtaining or modifying a decision)
11.1. Currency
11.2. The person(s) for whom maintenance is sought or owed and the person primarily responsible for that person (those persons)
11.2.1. Gross income
11.2.2. Expenses and charges
11.2.3. Other assets
11.3. The debtor
11.3.1. Gross income
11.3.2. Expenses and charges
11.3.3. Other assets
12. Information regarding payment, if the application is made by the creditor
13. Additional information (where applicable):
ANNEX VIII
ACKNOWLEDGEMENT OF RECEIPT OF AN APPLICATION
1. Requesting Central Authority
2. Requested Central Authority
4. Initial steps which have been or will be taken to deal with the application
ANNEX IX
1. Requesting Central Authority
2. Requested Central Authority
ANNEX X
ANNEX XI