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Family Law

The leading authority on all aspects of family law

13 FEB 2017

MS v PS (Case 283/16)

MS v PS (Case 283/16)

(Court of Justice of the European Union, 9 February 2017)

Financial Remedies – Maintenance Regulation – Preliminary ruling – Procedure for enforcement under Regulation

The CJEU gave a preliminary ruling on enforcement procedures under the Maintenance Regulation 2009.

The mother sought to enforce a financial order in respect of provision for her children made in the German Court, in the English court. The mother and children continued to live in Germany but the father had moved to the UK. He refused to pay maintenance to the mother because he claimed she was obstructing contact with the children.

The mother sought enforcement pursuant to the maintenance Regulation 2009 in the English High Court. Proceedings were adjourned while a reference was made to the Court of Justice of the European Union requesting clarification on the procedure for applications for enforcement under the Regulation.

The Court of Justice of the European Union ruled that a maintenance creditor could apply directly to the competent authority and did not need to submit an application through the Central Authority. Member States were required to give effect to Art 41(1) of the Regulation by amending rules of procedure where appropriate.


JUDGMENT OF THE COURT (Sixth Chamber)


9 February 2017 (*)


(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)

In Case C 283/16,

REQUEST for a preliminary ruling under Article 267 TFEU from the High Court of Justice (England and Wales), Family Division, made by decision of 11 April 2016, received at the Court on 23 May 2016, in the proceedings

M.S.
v
P.S.,

THE COURT (Sixth Chamber),

MS v PS (Case 283-16).docx

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