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Document 62017CN0083

Case C-83/17: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 15 February 2017 — KP v LO

OJ C 168, 29.5.2017, 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)

29.5.2017   

EN

Official Journal of the European Union

C 168/20

Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 15 February 2017 — KP v LO

(Case C-83/17)

(2017/C 168/26)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: KP

Defendant: LO

Questions referred

1.

Is the rule of subsidiarity set out in Article 4(2) of the 2007 Hague Protocol on the law applicable to maintenance obligations to be interpreted as meaning that that rule is applicable only where an application initiating maintenance proceedings is lodged in a State other than the State in which the maintenance creditor is habitually resident?

If that question is answered in the negative:

2.

Is Article 4(2) of the 2007 Hague Protocol on the law applicable to maintenance obligations to be interpreted as meaning that the expression ‘unable … to obtain maintenance’ also refers to cases in which, on the ground of mere failure to comply with certain formal legislative conditions, the law of the previous place of residence does not provide for a right to retroactive maintenance?
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