Maintenance regulation
| European Union regulation | |
| Title | Council Regulation (EC) on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations |
|---|---|
| Applicability | all EU Member States (in part except Denmark) |
| Made by | European Council |
| Made under | Article 61(c) and Article 67(2) TEC |
| Journal reference | OJ L 7, 10 January 2009, pp 1–79 |
| History | |
| Date made | 18 December 2008 |
| Came into force | 30 January 2009 |
| Implementation date | 18 June 2011 |
| Current legislation | |
The Maintenance Regulation (EC) No 4/2009,[1] formally the Council Regulation (EC) on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations is a European Union Regulation on conflict of law issues regarding maintenance obligations (e.g. alimony and child maintenance). The regulation governs which courts have jurisdiction and which law it should apply. It further governs the recognition and enforcement of decisions. The regulation is strongly aligned with the Hague Maintenance convention (which the European Union has signed but not yet ratified) and the Hague Maintenance Protocol of 2007. The regulation does partly to Denmark as it constitutes jurisdictions rules within the framework of the Brussels regime, for which an agreement exists between the European Union and Denmark.
Jurisdiction
The regulation grants jurisdiction to
- The EU country where the defendant is habitually resident
- The EU country where the creditor (the -proposed- receiver of maintenance) is habitually resident
- The EU country responsible for determining the status of a person (if this is related to the maintenance question)
- The EU country where governing parental responsibility (if this is related to the maintenance decision)
Parties may however (in cases not involving children below 18) conclude an agreement giving (exclusive) jurisdiction to
- The EU nationality of one of the partners
- The EU country of habitual residence of one of the partners
- A non-EU country party to the Lugano convention (Iceland, Norway, Switzerland); subject to the requirements of the convention
- Their last common residence of over 1 year (in the EU; for spouses or former spouses only)
- The country governing the matrimonial regime (for spouses or former spouses only)
In addition, if a defendant appears in court proceedings in an EU country (while not disputing jurisdiction), then that court shall also have jurisdiction. If these rules do not grant jurisdiction to a Brussels regime (EU, Iceland, Norway, Switzerland) court, the court of the common nationality has jurisdiction. If also that is not possible, and if there is a connection to an EU member state, that state has jurisdiction in exceptional circumstances.
If multiple eligible EU courts are seized, then the court seized first, has jurisdiction, and all other courts have to stay proceedings.
Applicable law
The law applicable to the maintenance proceedings is not automatically that of the chosen court (law of the forum). For the EU countries bound by the Hague Maintenance Protocol (all, except Denmark and the UK), the law of the creditor (the person obtaining maintenance) applies. However, in relations of parents to children, children to parents and by other persons towards persons below 21 (if they have never been spouses), the law of their common nationality or the law of the habitual residence of the debtor (the person who -is alleged to- owe maintenance) does apply. The parties may furthermore designate a law to apply -one of their nationalities, habitual residences, their property regime or divorce- except in cases regarding maintenance obligations towards vulnerable persons and children (under 18). In the case of Denmark and the United Kingdom, the applicable law is determined by their respective national laws.
Applicability and scope
The differences and relationships between the Convention, Protocol and the Regulation are shown below
| Header text | Maintenance Regulation | Hague Convention | Hague Protocol |
|---|---|---|---|
| EU Applicability | European Union (partly excluding Denmark) | European Union (excluding Denmark) | European Union (excluding Denmark and UK) |
| non-EU | - | Albania, Bosnia-Herzegovina, Montenegro, Norway, Ukraine | Serbia |
| Entry into force | 18 June 2011 | 1 January 2013 EU: 1 August 2014 | 1 August 2013 EU:Applied provisionally since 18 June 2011 |
| Scope | All maintenance from family relationships | Child maintenance (can be extended to others) | All maintenance from family relationships |
| Jurisdiction provisions | yes | only for change of existing maintenance agreements | yes |
| Choice of law provisions | yes (for Protocol parties) | no | yes |
| Central authority system | yes (excl. Denmark) | yes | no |
See also
- Brussels II regulation (jurisdiction in other family law matters)
- Rome III (applicable law to divorce)