12 JUN 2018
KP v LO (Case C-83/17)
(Court of Justice of the European Union, 7 June 2018)
Financial remedies – Maintenance obligations – Hague Protocol 2007 - Maintenance Regulation 2009 – Retroactive application for maintenance – Change of habitual residence
The Court of Justice of the European Union gave a preliminary ruling as to the interpretation of Art 4(2) of the Hague Protocol 2007 on the law applicable to maintenance obligations as approved by the Maintenance Regulation 2009
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JUDGMENT OF THE COURT (Sixth Chamber)
7 June 2018 (*)
(Reference for a preliminary ruling — Judicial cooperation in civil matters — 2007 Hague Protocol — Law applicable to maintenance obligations — Article 4(2) — Change in the habitual residence of the creditor — Possibility of the retroactive application of the law of the State of the creditor’s new habitual residence, that law coinciding with the law of the forum — Scope of the terms ‘if the creditor is unable … to obtain maintenance from the debtor’ — Situation where the creditor does not satisfy a formal legislative condition)
In Case C 83/17,
REQUEST for a preliminary ruling under Article 267 TFEU from the Oberster Gerichtshof (Supreme Court, Austria), made by decision of 25 January 2017, received at the Court on 15 February 2017, in the proceedings
Judgment: KP v LO (Case C 83_17).docx