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Document 62019CN0729

    Case C-729/19: Reference for a preliminary ruling from the Court of Appeal in Northern Ireland (United Kingdom) made on 2 October 2019 – TKF v Department of Justice for Northern Ireland

    OJ C 423, 16.12.2019, p. 27–28 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    16.12.2019   

    EN

    Official Journal of the European Union

    C 423/27

    Reference for a preliminary ruling from the Court of Appeal in Northern Ireland (United Kingdom) made on 2 October 2019 – TKF v Department of Justice for Northern Ireland

    (Case C-729/19)

    (2019/C 423/34)

    Language of the case: English

    Referring court

    Court of Appeal in Northern Ireland

    Parties to the main proceedings

    Applicant: TKF

    Defendant: Department of Justice for Northern Ireland

    Questions referred

    1.

    Must Article 75(2) of the Maintenance Regulation EC 4/2009 (1) be interpreted as applying only to ‘decisions’ which were given in States that were member states of the EU at the time those decisions were made?

    2.

    Bearing in mind that Poland is now a Member State of the European Union which is bound by the Hague Protocol, are maintenance decisions made by a Court in Poland in 1999 and 2003, that is, prior to Poland becoming a member state of the European Union, now capable of being registered and enforced in another EU Member State pursuant to any part of EC Regulation 4/2009 (the Maintenance Regulation),and in particular:

    (a)

    pursuant to Article 75(3) and Article 56 of the Maintenance regulation;

    (b)

    pursuant to Article 75(2) and Section 2 of Chapter IV of the Maintenance regulation;

    (c)

    pursuant to Article 75(2)(a) and Section 3 of Chapter IV of the Maintenance regulation;

    (d)

    pursuant to any other Articles of the Regulation?

    (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 (OJ 2009, L 7, p. 1).

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