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Document 62016CN0283
Case C-283/16: Reference for a preliminary ruling from High Court of Justice, Family Division (England and Wales) made on 23 May 2016 — M. S. v P. S.
Case C-283/16: Reference for a preliminary ruling from High Court of Justice, Family Division (England and Wales) made on 23 May 2016 — M. S. v P. S.
Case C-283/16: Reference for a preliminary ruling from High Court of Justice, Family Division (England and Wales) made on 23 May 2016 — M. S. v P. S.
OJ C 279, 1.8.2016, p. 20–20
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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1.8.2016 |
EN |
Official Journal of the European Union |
C 279/20 |
Reference for a preliminary ruling from High Court of Justice, Family Division (England and Wales) made on 23 May 2016 — M. S. v P. S.
(Case C-283/16)
(2016/C 279/27)
Language of the case: English
Referring court
High Court of Justice, Family Division (England and Wales)
Parties to the main proceedings
Applicant: M. S.
Defendant: P. S.
Questions referred
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i. |
In circumstances where a maintenance creditor wishes to enforce in one Member State an order which has been obtained in another Member State, does Chapter IV of EU Regulation 4/2009 (1) (the Maintenance Regulation) confer upon her a right to make an application for enforcement directly to the competent authority of the requested state? |
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ii. |
If the answer to (i) is in the affirmative, should Chapter IV of the Maintenance Regulations be interpreted so as to mean that each member state is obliged to provide a procedure or mechanism such as will enable the right to be recognised? |
(1) 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