Keywords
Summary

Keywords

Convention on Jurisdiction and the Enforcement of Judgments — Special jurisdiction — Jurisdiction in matters relating to maintenance — Action for recovery brought by a public body subrogated to the rights of the maintenance creditor — Article 5(2) of the Convention does not apply — (Convention of 27 September 1968, Art. 5(2))

Summary

Article 5(2) of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters as amended by the Convention of 9 October 1978 on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, by the Convention of 25 October 1982 on the accession of the Hellenic Republic, and by the Convention of 26 May 1989 on the accession of the Kingdom of Spain and the Portuguese Republic, which provides for a special jurisdiction of the courts for the place where the maintenance creditor is domiciled or habitually resident in matters relating to maintenance, must be interpreted as meaning that it cannot be relied on by a public body which seeks, in an action for recovery, reimbursement of sums paid under public law by way of an education grant to a maintenance creditor, to whose rights it is subrogated against the maintenance debtor.

Where the maintenance creditor has benefited from the grant to which he could lay claim, there is no need to deny the maintenance debtor the protection offered by Article 2 of the Convention, particularly as the courts of the defendant are better placed to determine the latter ' s resources.

see paras 31, 34, operative part