Case C‑184/14

A

v

B

(Request for a preliminary ruling from the Corte suprema di cassazione)

‛Reference for a preliminary ruling — Judicial cooperation in civil and commercial matters — Jurisdiction in matters relating to maintenance obligations — Regulation (EC) No 4/2009 — Article 3(c) and (d) — Matter relating to maintenance in respect of minor children concurrent with the parents’ separation proceedings, brought in a Member State other than that in which the children are habitually resident’

Summary — Judgment of the Court (Third Chamber), 16 July 2015

Judicial cooperation in civil matters — Jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of maintenance obligations — Regulation No 4/2009 — Jurisdiction in matters relating to maintenance obligations — Court of the place where the creditor is habitually resident — Maintenance obligations in respect of minor children — Ancillary nature only in relation to proceedings concerning matters of parental responsibility, to the exclusion of proceedings concerning the status of a person — Sole jurisdiction of the court with jurisdiction over the proceedings concerning matters of parental responsibility

(Council Regulation No 4/2009, Art. 3(c) and (d))

Article 3(c) and (d) of Regulation No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations must be understood as meaning that, in the event that a court of a Member State is seised of proceedings involving the separation or dissolution of a marital link between the parents of a minor child and a court of another Member State is seised of proceedings in matters of parental responsibility involving that same child, an application relating to maintenance concerning that child is ancillary only to the proceedings concerning parental responsibility, within the meaning of Article 3(d) of that regulation.

By its nature, an application relating to maintenance in respect of minor children is intrinsically linked to proceedings concerning matters of parental responsibility. Consequently, the court with jurisdiction to entertain proceedings concerning parental responsibility, as defined in Article 2(7) of Regulation No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation No 1347/2000, is in the best position to evaluate in concreto the issues involved in the application relating to child maintenance, to set the amount of that maintenance intended to contribute to the child’s maintenance and education costs, by adapting it, according to (i) the type of custody (either joint or sole) ordered, (ii) access rights and the duration of those rights and (iii) other factual elements relating to the exercise of parental responsibility brought before it.

(see paras 40, 43, 48, operative part)

Case C‑184/14

A

v

B

(Request for a preliminary ruling from the Corte suprema di cassazione)

‛Reference for a preliminary ruling — Judicial cooperation in civil and commercial matters — Jurisdiction in matters relating to maintenance obligations — Regulation (EC) No 4/2009 — Article 3(c) and (d) — Matter relating to maintenance in respect of minor children concurrent with the parents’ separation proceedings, brought in a Member State other than that in which the children are habitually resident’

Summary — Judgment of the Court (Third Chamber), 16 July 2015

Judicial cooperation in civil matters — Jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of maintenance obligations — Regulation No 4/2009 — Jurisdiction in matters relating to maintenance obligations — Court of the place where the creditor is habitually resident — Maintenance obligations in respect of minor children — Ancillary nature only in relation to proceedings concerning matters of parental responsibility, to the exclusion of proceedings concerning the status of a person — Sole jurisdiction of the court with jurisdiction over the proceedings concerning matters of parental responsibility

(Council Regulation No 4/2009, Art. 3(c) and (d))

Article 3(c) and (d) of Regulation No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations must be understood as meaning that, in the event that a court of a Member State is seised of proceedings involving the separation or dissolution of a marital link between the parents of a minor child and a court of another Member State is seised of proceedings in matters of parental responsibility involving that same child, an application relating to maintenance concerning that child is ancillary only to the proceedings concerning parental responsibility, within the meaning of Article 3(d) of that regulation.

By its nature, an application relating to maintenance in respect of minor children is intrinsically linked to proceedings concerning matters of parental responsibility. Consequently, the court with jurisdiction to entertain proceedings concerning parental responsibility, as defined in Article 2(7) of Regulation No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation No 1347/2000, is in the best position to evaluate in concreto the issues involved in the application relating to child maintenance, to set the amount of that maintenance intended to contribute to the child’s maintenance and education costs, by adapting it, according to (i) the type of custody (either joint or sole) ordered, (ii) access rights and the duration of those rights and (iii) other factual elements relating to the exercise of parental responsibility brought before it.

(see paras 40, 43, 48, operative part)