Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Family Law Awards adds a Wellbeing Award - enter now
This past year has been different for everyone, but family law professionals working on the front line of family justice have faced a more challenging, stressful and demanding time than most. To...
Perspectives on civil partnerships and marriages in England and Wales: aspects, attitudes and assessments
IntroductionThis article considers the developments since the turn of the century in the provision of new options for same sex and opposite sex couples to formalise their unions with full legal...
Family Law journal - take the survey and you could win £50 worth of vouchers
Do you subscribe to Family Law journal?Our aim is to provide all subscribers of Family Law with compelling, insightful and helpful content that you enjoy reading and find useful in your...
Commencement date of 6 April 2022 announced for the Divorce, Dissolution and Separation Act 2020
The Ministry of Justice has announced that the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), which received Royal Assent on 25 June 2020, will now have a commencement date of 6 April 2022....
HMCTS blog highlights the use of video hearing due to COVID-19
HM Courts & Tribunals Service has published a blog detailing the impacts of coronavirus (COVID-19) on hearings. Pre-pandemic, HMCTS states that the use of video technology for live participation...
View all articles
Authors

MS v PS (Case 283/16)

Sep 29, 2018, 19:43 PM
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.
Slug : ms-v-ps-case-283-16
Meta Title : MS v PS (Case 283/16)
Meta Keywords : Financial Remedies – Maintenance Regulation – Preliminary ruling – Procedure for enforcement under Regulation
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Feb 13, 2017, 09:06 AM
Article ID : 113760

(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
Categories :
  • Financial Remedies
  • Judgments
Tags :
FLR_cover
Provider :
Product Bucket : Family
Recommend These Products
Related Articles
Load more comments
Comment by from