This document is an excerpt from the EUR-Lex website
Document 62016CA0283
Case C-283/16: Judgment of the Court (Sixth Chamber) of 9 February 2017 (request for a preliminary ruling from the High Court of Justice, Family Division (England and Wales) — United Kingdom) — M.S. v P.S. (Reference for a preliminary ruling — Regulation (EC) No 4/2009 — Article 41(1) — Recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations — Enforcement of a decision in a Member State — Application submitted directly to the competent authority of the Member State of enforcement — National legislation requiring recourse to be had to the Central Authority of the Member State of enforcement)
Case C-283/16: Judgment of the Court (Sixth Chamber) of 9 February 2017 (request for a preliminary ruling from the High Court of Justice, Family Division (England and Wales) — United Kingdom) — M.S. v P.S. (Reference for a preliminary ruling — Regulation (EC) No 4/2009 — Article 41(1) — Recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations — Enforcement of a decision in a Member State — Application submitted directly to the competent authority of the Member State of enforcement — National legislation requiring recourse to be had to the Central Authority of the Member State of enforcement)
Case C-283/16: Judgment of the Court (Sixth Chamber) of 9 February 2017 (request for a preliminary ruling from the High Court of Justice, Family Division (England and Wales) — United Kingdom) — M.S. v P.S. (Reference for a preliminary ruling — Regulation (EC) No 4/2009 — Article 41(1) — Recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations — Enforcement of a decision in a Member State — Application submitted directly to the competent authority of the Member State of enforcement — National legislation requiring recourse to be had to the Central Authority of the Member State of enforcement)
OJ C 104, 3.4.2017, p. 22–23
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 09/02/2017
- Date lodged:
- 23/05/2016
- Author:
- Court of Justice
- Form:
- Judicial information
- Authentic language:
- English
- Type of procedure:
- Reference for a preliminary ruling
- Link
- Select all documents mentioning this document
- Case affecting:
-
- Related EU case-law document 62016CJ0283
- Instruments cited in case law:
- Link
|
3.4.2017 |
EN |
Official Journal of the European Union |
C 104/22 |
Judgment of the Court (Sixth Chamber) of 9 February 2017 (request for a preliminary ruling from the High Court of Justice, Family Division (England and Wales) — United Kingdom) — M.S. v P.S.
(Case C-283/16) (1)
((Reference for a preliminary ruling - Regulation (EC) No 4/2009 - Article 41(1) - Recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations - Enforcement of a decision in a Member State - Application submitted directly to the competent authority of the Member State of enforcement - National legislation requiring recourse to be had to the Central Authority of the Member State of enforcement))
(2017/C 104/32)
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.
Operative part of the judgment
|
1. |
Chapter IV of 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, in particular Article 41(1) thereof, must be interpreted as meaning that a maintenance creditor who has obtained an order in one Member State and wishes to enforce it in another Member State may make an application directly to the competent authority of the latter Member State, such as a specialised court, and cannot be required to submit the application to that court through the Central Authority of the Member State of enforcement; |
|
2. |
Member States are required to give full effect to the right laid down in Article 41(1) of Regulation No 4/2009 by amending, where appropriate, their rules of procedure. In any event, it is for the national court to apply Article 41(1), if necessary refusing to apply any conflicting provision of national law and, as a consequence, to allow a maintenance creditor to submit her application directly to the competent authority of the Member State of enforcement, even if national law does not make provision for such an application. |
