We use cookies to help provide and enhance our service and tailor content. Disable them/read more. By continuing or closing this message you agree to the use of cookies. CLOSE

12 JUN 2018

KP v LO (Case C-83/17)

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

For comprehensive, judicially approved coverage of every important Family Division, Court of Appeal, Supreme Court and European courts case, subscribe to Family Law Reports.

Subscribers can log in here.

Find out more or request a free 1-week trial of the Family Law Reports. Please quote: 100482. 


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
Family Law

Family Law


"the principal (monthly) periodical dealing with contemporary issues" Sir Mark Potter P

More Info £389
Family Court Practice, The

Family Court Practice, The

(Red Book)

Pre-order the 2018 edition due out in May

More Info £529.99