02009R0004 — EN — 31.12.2018 — 004.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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COUNCIL REGULATION (EC) No 4/2009 of 18 December 2008 (OJ L 007 10.1.2009, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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COMMISSION IMPLEMENTING REGULATION (EU) No 1142/2011 of 10 November 2011 |
L 293 |
24 |
11.11.2011 |
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L 158 |
1 |
10.6.2013 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2015/228 of 17 February 2015 |
L 49 |
1 |
20.2.2015 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2018/1937 of 10 December 2018 |
L 314 |
36 |
11.12.2018 |
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Corrected by:
COUNCIL REGULATION (EC) No 4/2009
of 18 December 2008
on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations
CHAPTER I
SCOPE AND DEFINITIONS
Article 1
Scope of application
Article 2
Definitions
For the purposes of this Regulation:
the term ‘decision’ shall mean a decision in matters relating to maintenance obligations given by a court of a Member State, whatever the decision may be called, including a decree, order, judgment or writ of execution, as well as a decision by an officer of the court determining the costs or expenses. For the purposes of Chapters VII and VIII, the term ‘decision’ shall also mean a decision in matters relating to maintenance obligations given in a third State;
the term ‘court settlement’ shall mean a settlement in matters relating to maintenance obligations which has been approved by a court or concluded before a court in the course of proceedings;
the term ‘authentic instrument’ shall mean:
a document in matters relating to maintenance obligations which has been formally drawn up or registered as an authentic instrument in the Member State of origin and the authenticity of which:
relates to the signature and the content of the instrument, and
has been established by a public authority or other authority empowered for that purpose; or,
an arrangement relating to maintenance obligations concluded with administrative authorities of the Member State of origin or authenticated by them;
the term ‘Member State of origin’ shall mean the Member State in which, as the case may be, the decision has been given, the court settlement has been approved or concluded, or the authentic instrument has been established;
the term ‘Member State of enforcement’ shall mean the Member State in which the enforcement of the decision, the court settlement or the authentic instrument is sought;
the term ‘requesting Member State’ shall mean the Member State whose Central Authority transmits an application pursuant to Chapter VII;
the term ‘requested Member State’ shall mean the Member State whose Central Authority receives an application pursuant to Chapter VII;
the term ‘2007 Hague Convention Contracting State’ shall mean a State which is a contracting party to the Hague Convention of 23 November 2007 on the International Recovery of Child Support and other Forms of Family Maintenance (hereinafter referred to as the 2007 Hague Convention) to the extent that the said Convention applies between the Community and that State;
the term ‘court of origin’ shall mean the court which has given the decision to be enforced;
the term ‘creditor’ shall mean any individual to whom maintenance is owed or is alleged to be owed;
the term ‘debtor’ shall mean any individual who owes or who is alleged to owe maintenance.
For the purposes of this Regulation, the term ‘court’ shall include administrative authorities of the Member States with competence in matters relating to maintenance obligations provided that such authorities offer guarantees with regard to impartiality and the right of all parties to be heard and provided that their decisions under the law of the Member State where they are established:
may be made the subject of an appeal to or review by a judicial authority; and
have a similar force and effect as a decision of a judicial authority on the same matter.
These administrative authorities shall be listed in Annex X. That Annex shall be established and amended in accordance with the management procedure referred to in Article 73(2) at the request of the Member State in which the administrative authority concerned is established.
For the purposes of Articles 3, 4 and 6, the concept of ‘domicile’ shall replace that of ‘nationality’ in those Member States which use this concept as a connecting factor in family matters.
For the purposes of Article 6, parties which have their ‘domicile’ in different territorial units of the same Member State shall be deemed to have their common ‘domicile’ in that Member State.
CHAPTER II
JURISDICTION
Article 3
General provisions
In matters relating to maintenance obligations in Member States, jurisdiction shall lie with:
the court for the place where the defendant is habitually resident, or
the court for the place where the creditor is habitually resident, or
the court which, according to its own law, has jurisdiction to entertain proceedings concerning the status of a person if the matter relating to maintenance is ancillary to those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties, or
the court which, according to its own law, has jurisdiction to entertain proceedings concerning parental responsibility if the matter relating to maintenance is ancillary to those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties.
Article 4
Choice of court
The parties may agree that the following court or courts of a Member State shall have jurisdiction to settle any disputes in matters relating to a maintenance obligation which have arisen or may arise between them:
a court or the courts of a Member State in which one of the parties is habitually resident;
a court or the courts of a Member State of which one of the parties has the nationality;
in the case of maintenance obligations between spouses or former spouses:
the court which has jurisdiction to settle their dispute in matrimonial matters; or
a court or the courts of the Member State which was the Member State of the spouses’ last common habitual residence for a period of at least one year.
The conditions referred to in points (a), (b) or (c) have to be met at the time the choice of court agreement is concluded or at the time the court is seised.
The jurisdiction conferred by agreement shall be exclusive unless the parties have agreed otherwise.
Article 5
Jurisdiction based on the appearance of the defendant
Apart from jurisdiction derived from other provisions of this Regulation, a court of a Member State before which a defendant enters an appearance shall have jurisdiction. This rule shall not apply where appearance was entered to contest the jurisdiction.
Article 6
Subsidiary jurisdiction
Where no court of a Member State has jurisdiction pursuant to Articles 3, 4 and 5 and no court of a State party to the Lugano Convention which is not a Member State has jurisdiction pursuant to the provisions of that Convention, the courts of the Member State of the common nationality of the parties shall have jurisdiction.
Article 7
Forum necessitatis
Where no court of a Member State has jurisdiction pursuant to Articles 3, 4, 5 and 6, the courts of a Member State may, on an exceptional basis, hear the case if proceedings cannot reasonably be brought or conducted or would be impossible in a third State with which the dispute is closely connected.
The dispute must have a sufficient connection with the Member State of the court seised.
Article 8
Limit on proceedings
Paragraph 1 shall not apply:
where the parties have agreed in accordance with Article 4 to the jurisdiction of the courts of that other Member State;
where the creditor submits to the jurisdiction of the courts of that other Member State pursuant to Article 5;
where the competent authority in the 2007 Hague Convention Contracting State of origin cannot, or refuses to, exercise jurisdiction to modify the decision or give a new decision; or
where the decision given in the 2007 Hague Convention Contracting State of origin cannot be recognised or declared enforceable in the Member State where proceedings to modify the decision or to have a new decision given are contemplated.
Article 9
Seising of a court
For the purposes of this Chapter, a court shall be deemed to be seised:
at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the claimant has not subsequently failed to take the steps he was required to take to have service effected on the defendant; or
if the document has to be served before being lodged with the court, at the time when it is received by the authority responsible for service, provided that the claimant has not subsequently failed to take the steps he was required to take to have the document lodged with the court.
Article 10
Examination as to jurisdiction
Where a court of a Member State is seised of a case over which it has no jurisdiction under this Regulation it shall declare of its own motion that it has no jurisdiction.
Article 11
Examination as to admissibility
Article 12
Lis pendens
Article 13
Related actions
Article 14
Provisional, including protective, measures
Application may be made to the courts of a Member State for such provisional, including protective, measures as may be available under the law of that State, even if, under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter.
CHAPTER III
APPLICABLE LAW
Article 15
Determination of the applicable law
The law applicable to maintenance obligations shall be determined in accordance with the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations (hereinafter referred to as the 2007 Hague Protocol) in the Member States bound by that instrument.
CHAPTER IV
RECOGNITION, ENFORCEABILITY AND ENFORCEMENT OF DECISIONS
Article 16
Scope of application of this Chapter
SECTION 1
Decisions given in a Member State bound by the 2007 Hague Protocol
Article 17
Abolition of exequatur
Article 18
Protective measures
An enforceable decision shall carry with it by operation of law the power to proceed to any protective measures which exist under the law of the Member State of enforcement.
Article 19
Right to apply for a review
A defendant who did not enter an appearance in the Member State of origin shall have the right to apply for a review of the decision before the competent court of that Member State where:
he was not served with the document instituting the proceedings or an equivalent document in sufficient time and in such a way as to enable him to arrange for his defence; or
he was prevented from contesting the maintenance claim by reason of force majeure or due to extraordinary circumstances without any fault on his part;
unless he failed to challenge the decision when it was possible for him to do so.
If the court rejects the application for a review referred to in paragraph 1 on the basis that none of the grounds for a review set out in that paragraph apply, the decision shall remain in force.
If the court decides that a review is justified for one of the reasons laid down in paragraph 1, the decision shall be null and void. However, the creditor shall not lose the benefits of the interruption of prescription or limitation periods, or the right to claim retroactive maintenance acquired in the initial proceedings.
Article 20
Documents for the purposes of enforcement
For the purposes of enforcement of a decision in another Member State, the claimant shall provide the competent enforcement authorities with:
a copy of the decision which satisfies the conditions necessary to establish its authenticity;
the extract from the decision issued by the court of origin using the form set out in Annex I;
where appropriate, a document showing the amount of any arrears and the date such amount was calculated;
where necessary, a transliteration or a translation of the content of the form referred to in point (b) into the official language of the Member State of enforcement or, where there are several official languages in that Member State, into the official language or one of the official languages of court proceedings of the place where the application is made, in accordance with the law of that Member State, or into another language that the Member State concerned has indicated it can accept. Each Member State may indicate the official language or languages of the institutions of the European Union other than its own which it can accept for the completion of the form.
Article 21
Refusal or suspension of enforcement
The competent authority in the Member State of enforcement shall, on application by the debtor, refuse, either wholly or in part, the enforcement of the decision of the court of origin if the right to enforce the decision of the court of origin is extinguished by the effect of prescription or the limitation of action, either under the law of the Member State of origin or under the law of the Member State of enforcement, whichever provides for the longer limitation period.
Furthermore, the competent authority in the Member State of enforcement may, on application by the debtor, refuse, either wholly or in part, the enforcement of the decision of the court of origin if it is irreconcilable with a decision given in the Member State of enforcement or with a decision given in another Member State or in a third State which fulfils the conditions necessary for its recognition in the Member State of enforcement.
A decision which has the effect of modifying an earlier decision on maintenance on the basis of changed circumstances shall not be considered an irreconcilable decision within the meaning of the second subparagraph.
The competent authority in the Member State of enforcement may, on application by the debtor, suspend, either wholly or in part, the enforcement of the decision of the court of origin if the competent court of the Member State of origin has been seised of an application for a review of the decision of the court of origin pursuant to Article 19.
Furthermore, the competent authority of the Member State of enforcement shall, on application by the debtor, suspend the enforcement of the decision of the court of origin where the enforceability of that decision is suspended in the Member State of origin.
Article 22
No effect on the existence of family relationships
The recognition and enforcement of a decision on maintenance under this Regulation shall not in any way imply the recognition of the family relationship, parentage, marriage or affinity underlying the maintenance obligation which gave rise to the decision.
SECTION 2
Decisions given in a Member State not bound by the 2007 Hague Protocol
Article 23
Recognition
Article 24
Grounds of refusal of recognition
A decision shall not be recognised:
if such recognition is manifestly contrary to public policy in the Member State in which recognition is sought. The test of public policy may not be applied to the rules relating to jurisdiction;
where it was given in default of appearance, if the defendant was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable him to arrange for his defence, unless the defendant failed to commence proceedings to challenge the decision when it was possible for him to do so;
if it is irreconcilable with a decision given in a dispute between the same parties in the Member State in which recognition is sought;
if it is irreconcilable with an earlier decision given in another Member State or in a third State in a dispute involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State in which recognition is sought.
A decision which has the effect of modifying an earlier decision on maintenance on the basis of changed circumstances shall not be considered an irreconcilable decision within the meaning of points (c) or (d).
Article 25
Staying of recognition proceedings
A court of a Member State in which recognition is sought of a decision given in a Member State not bound by the 2007 Hague Protocol shall stay the proceedings if the enforceability of the decision is suspended in the Member State of origin by reason of an appeal.
Article 26
Enforceability
A decision given in a Member State not bound by the 2007 Hague Protocol and enforceable in that State shall be enforceable in another Member State when, on the application of any interested party, it has been declared enforceable there.
Article 27
Jurisdiction of local courts
Article 28
Procedure
The application for a declaration of enforceability shall be accompanied by the following documents:
a copy of the decision which satisfies the conditions necessary to establish its authenticity;
an extract from the decision issued by the court of origin using the form set out in Annex II, without prejudice to Article 29;
where necessary, a transliteration or a translation of the content of the form referred to in point (b) into the official language of the Member State of enforcement or, where there are several official languages in that Member State, into the official language or one of the official languages of court proceedings of the place where the application is made, in accordance with the law of that Member State, or into another language that the Member State concerned has indicated it can accept. Each Member State may indicate the official language or languages of the institutions of the European Union other than its own which it can accept for the completion of the form.
Article 29
Non-production of the extract
Article 30
Declaration of enforceability
The decision shall be declared enforceable without any review under Article 24 immediately on completion of the formalities in Article 28 and at the latest within 30 days of the completion of those formalities, except where exceptional circumstances make this impossible. The party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application.
Article 31
Notice of the decision on the application for a declaration
Article 32
Appeal against the decision on the application for a declaration
Article 33
Proceedings to contest the decision given on appeal
The decision given on appeal may be contested only by the procedure notified by the Member State concerned to the Commission in accordance with Article 71.
Article 34
Refusal or revocation of a declaration of enforceability
Article 35
Staying of proceedings
The court with which an appeal is lodged under Articles 32 or 33 shall, on the application of the party against whom enforcement is sought, stay the proceedings if the enforceability of the decision is suspended in the Member State of origin by reason of an appeal.
Article 36
Provisional, including protective measures
Article 37
Partial enforceability
Article 38
No charge, duty or fee
In proceedings for the issue of a declaration of enforceability, no charge, duty or fee calculated by reference to the value of the matter at issue may be levied in the Member State of enforcement.
SECTION 3
Common provisions
Article 39
Provisional enforceability
The court of origin may declare the decision provisionally enforceable, notwithstanding any appeal, even if national law does not provide for enforceability by operation of law.
Article 40
Invoking a recognised decision
If necessary, the court before which the recognised decision is invoked may ask the party invoking the recognised decision to produce an extract issued by the court of origin using the form set out in Annex I or in Annex II, as the case may be.
The court of origin shall also issue such an extract at the request of any interested party.
Article 41
Proceedings and conditions for enforcement
Article 42
No review as to substance
Under no circumstances may a decision given in a Member State be reviewed as to its substance in the Member State in which recognition, enforceability or enforcement is sought.
Article 43
No precedence for the recovery of costs
Recovery of any costs incurred in the application of this Regulation shall not take precedence over the recovery of maintenance.
CHAPTER V
ACCESS TO JUSTICE
Article 44
Right to legal aid
Parties who are involved in a dispute covered by this Regulation shall have effective access to justice in another Member State, including enforcement and appeal or review procedures, in accordance with the conditions laid down in this Chapter.
In cases covered by Chapter VII, effective access to justice shall be provided by the requested Member State to any applicant who is resident in the requesting Member State.
Article 45
Content of legal aid
Legal aid granted under this Chapter shall mean the assistance necessary to enable parties to know and assert their rights and to ensure that their applications, lodged through the Central Authorities or directly with the competent authorities, are fully and effectively dealt with. It shall cover as necessary the following:
pre-litigation advice with a view to reaching a settlement prior to bringing judicial proceedings;
legal assistance in bringing a case before an authority or a court and representation in court;
exemption from or assistance with the costs of proceedings and the fees to persons mandated to perform acts during the proceedings;
in Member States in which an unsuccessful party is liable for the costs of the opposing party, if the recipient of legal aid loses the case, the costs incurred by the opposing party, if such costs would have been covered had the recipient been habitually resident in the Member State of the court seised;
interpretation;
translation of the documents required by the court or by the competent authority and presented by the recipient of legal aid which are necessary for the resolution of the case;
travel costs to be borne by the recipient of legal aid where the physical presence of the persons concerned with the presentation of the recipient’s case is required in court by the law or by the court of the Member State concerned and the court decides that the persons concerned cannot be heard to the satisfaction of the court by any other means.
Article 46
Free legal aid for applications through Central Authorities concerning maintenance to children
Article 47
Cases not covered by Article 46
Notwithstanding paragraph 1, a party who, in the Member State of origin, has benefited from free proceedings before an administrative authority listed in Annex X, shall be entitled, in any proceedings for recognition, enforceability or enforcement, to benefit from legal aid in accordance with paragraph 2. To that end, he shall present a statement from the competent authority in the Member State of origin to the effect that he fulfils the financial requirements to qualify for the grant of complete or partial legal aid or exemption from costs or expenses.
Competent authorities for the purposes of this paragraph shall be listed in Annex XI. That Annex shall be established and amended in accordance with the management procedure referred to in Article 73(2).
CHAPTER VI
COURT SETTLEMENTS AND AUTHENTIC INSTRUMENTS
Article 48
Application of this Regulation to court settlements and authentic instruments
CHAPTER VII
COOPERATION BETWEEN CENTRAL AUTHORITIES
Article 49
Designation of Central Authorities
Article 50
General functions of Central Authorities
Central Authorities shall:
cooperate with each other, including by exchanging information, and promote cooperation amongst the competent authorities in their Member States to achieve the purposes of this Regulation;
seek as far as possible solutions to difficulties which arise in the application of this Regulation.
Article 51
Specific functions of Central Authorities
Central Authorities shall provide assistance in relation to applications under Article 56 and shall in particular:
transmit and receive such applications;
initiate or facilitate the institution of proceedings in respect of such applications.
In relation to such applications Central Authorities shall take all appropriate measures:
where the circumstances require, to provide or facilitate the provision of legal aid;
to help locate the debtor or the creditor, in particular pursuant to Articles 61, 62 and 63;
to help obtain relevant information concerning the income and, if necessary, other financial circumstances of the debtor or creditor, including the location of assets, in particular pursuant to Articles 61, 62 and 63;
to encourage amicable solutions with a view to obtaining voluntary payment of maintenance, where suitable by use of mediation, conciliation or similar processes;
to facilitate the ongoing enforcement of maintenance decisions, including any arrears;
to facilitate the collection and expeditious transfer of maintenance payments;
to facilitate the obtaining of documentary or other evidence, without prejudice to Regulation (EC) No 1206/2001;
to provide assistance in establishing parentage where necessary for the recovery of maintenance;
to initiate or facilitate the institution of proceedings to obtain any necessary provisional measures which are territorial in nature and the purpose of which is to secure the outcome of a pending maintenance application;
to facilitate the service of documents, without prejudice to Regulation (EC) No 1393/2007.
Article 52
Power of attorney
The Central Authority of the requested Member State may require a power of attorney from the applicant only if it acts on his behalf in judicial proceedings or before other authorities, or in order to designate a representative so to act.
Article 53
Requests for specific measures
Where a request for measures under Article 51(2)(b) and (c) is made, the requested Central Authority shall seek the information requested, if necessary pursuant to Article 61. However, the information referred to in points (b), (c) and (d) of Article 61(2) may be sought only when the creditor produces a copy of the decision, court settlement or authentic instrument to be enforced, accompanied by the extract provided for in Articles 20, 28 or 48, as appropriate.
The requested Central Authority shall communicate the information obtained to the requesting Central Authority. Where that information was obtained pursuant to Article 61, this communication shall specify only the address of the potential defendant in the requested Member State. In the case of a request with a view to recognition, declaration of enforceability or enforcement, the communication shall, in addition, specify merely whether the debtor has income or assets in that State.
If the requested Central Authority is not able to provide the information requested it shall inform the requesting Central Authority without delay and specify the grounds for this impossibility.
Article 54
Central Authority costs
Central Authorities may not impose any charge on an applicant for the provision of their services under this Regulation save for exceptional costs arising from a request for a specific measure under Article 53.
For the purposes of this paragraph, costs relating to locating the debtor shall not be regarded as exceptional.
Article 55
Application through Central Authorities
An application under this Chapter shall be made through the Central Authority of the Member State in which the applicant resides to the Central Authority of the requested Member State.
Article 56
Available applications
A creditor seeking to recover maintenance under this Regulation may make applications for the following:
recognition or recognition and declaration of enforceability of a decision;
enforcement of a decision given or recognised in the requested Member State;
establishment of a decision in the requested Member State where there is no existing decision, including where necessary the establishment of parentage;
establishment of a decision in the requested Member State where the recognition and declaration of enforceability of a decision given in a State other than the requested Member State is not possible;
modification of a decision given in the requested Member State;
modification of a decision given in a State other than the requested Member State.
A debtor against whom there is an existing maintenance decision may make applications for the following:
recognition of a decision leading to the suspension, or limiting the enforcement, of a previous decision in the requested Member State;
modification of a decision given in the requested Member State;
modification of a decision given in a State other than the requested Member State.
Article 57
Application contents
An application under Article 56 shall as a minimum include:
a statement of the nature of the application or applications;
the name and contact details, including the address, and date of birth of the applicant;
the name and, if known, address and date of birth of the defendant;
the name and the date of birth of any person for whom maintenance is sought;
the grounds upon which the application is based;
in an application by a creditor, information concerning where the maintenance payment should be sent or electronically transmitted;
the name and contact details of the person or unit from the Central Authority of the requesting Member State responsible for processing the application.
As appropriate, and to the extent known, the application shall in addition in particular include:
the financial circumstances of the creditor;
the financial circumstances of the debtor, including the name and address of the employer of the debtor and the nature and location of the assets of the debtor;
any other information that may assist with the location of the defendant.
Article 58
Transmission, receipt and processing of applications and cases through Central Authorities
Requesting and requested Central Authorities shall keep each other informed of:
the person or unit responsible for a particular case;
the progress of the case;
and shall provide timely responses to enquiries.
Article 59
Languages
Article 60
Meetings
Article 61
Access to information for Central Authorities
Under the conditions laid down in this Chapter and by way of exception to Article 51(4), the requested Central Authority shall use all appropriate and reasonable means to obtain the information referred to in paragraph 2 necessary to facilitate, in a given case, the establishment, the modification, the recognition, the declaration of enforceability or the enforcement of a decision.
The public authorities or administrations which, in the course of their ordinary activities, hold, within the requested State, the information referred to in paragraph 2 and which control the processing thereof within the meaning of Directive 95/46/EC shall, subject to limitations justified on grounds of national security or public safety, provide the information to the requested Central Authority at its request in cases where the requested Central Authority does not have direct access to it.
Member States may designate the public authorities or administrations able to provide the requested Central Authority with the information referred to in paragraph 2. Where a Member State makes such a designation, it shall ensure that its choice of authorities and administrations permits its Central Authority to have access, in accordance with this Article, to the information requested.
Any other legal person which holds within the requested Member State the information referred to in paragraph 2 and controls the processing thereof within the meaning of Directive 95/46/EC shall provide the information to the requested Central Authority at the latter’s request if it is authorised to do so by the law of the requested Member State.
The requested Central Authority shall, as necessary, transmit the information thus obtained to the requesting Central Authority.
The information referred to in this Article shall be the information already held by the authorities, administrations or persons referred to in paragraph 1. It shall be adequate, relevant and not excessive and shall relate to:
the address of the debtor or of the creditor;
the debtor’s income;
the identification of the debtor’s employer and/or of the debtor’s bank account(s);
the debtor’s assets.
For the purpose of obtaining or modifying a decision, only the information listed in point (a) may be requested by the requested Central Authority.
For the purpose of having a decision recognised, declared enforceable or enforced, all the information listed in the first subparagraph may be requested by the requested Central Authority. However, the information listed in point (d) may be requested only if the information listed in points (b) and (c) is insufficient to allow enforcement of the decision.
Article 62
Transmission and use of information
Any authority or court to which information has been transmitted pursuant to Article 61 may use this only to facilitate the recovery of maintenance claims.
Except for information merely indicating the existence of an address, income or assets in the requested Member State, the information referred to in Article 61(2) may not be disclosed to the person having applied to the requesting Central Authority, subject to the application of procedural rules before a court.
Article 63
Notification of the data subject
CHAPTER VIII
PUBLIC BODIES
Article 64
Public bodies as applicants
A public body may seek recognition and a declaration of enforceability or claim enforcement of:
a decision given against a debtor on the application of a public body which claims payment of benefits provided in place of maintenance;
a decision given between a creditor and a debtor to the extent of the benefits provided to the creditor in place of maintenance.
CHAPTER IX
GENERAL AND FINAL PROVISIONS
Article 65
Legalisation or other similar formality
No legalisation or other similar formality shall be required in the context of this Regulation.
Article 66
Translation of supporting documents
Without prejudice to Articles 20, 28 and 40, the court seised may require the parties to provide a translation of supporting documents which are not in the language of proceedings only if it deems a translation necessary in order to give a decision or to respect the rights of the defence.
Article 67
Recovery of costs
Without prejudice to Article 54, the competent authority of the requested Member State may recover costs from an unsuccessful party having received free legal aid pursuant to Article 46, on an exceptional basis and if his financial circumstances so allow.
Article 68
Relations with other Community instruments
Article 69
Relations with existing international conventions and agreements
This Regulation shall not preclude the application of the Convention of 23 March 1962 between Sweden, Denmark, Finland, Iceland and Norway on the recovery of maintenance by the Member States which are party thereto, since, with regard to the recognition, enforceability and enforcement of decisions, that Convention provides for:
simplified and more expeditious procedures for the enforcement of decisions relating to maintenance obligations, and
legal aid which is more favourable than that provided for in Chapter V of this Regulation.
However, the application of the said Convention may not have the effect of depriving the defendant of his protection under Articles 19 and 21 of this Regulation.
Article 70
Information made available to the public
The Member States shall provide within the framework of the European Judicial Network in civil and commercial matters established by Decision 2001/470/EC the following information with a view to making it available to the public:
a description of the national laws and procedures concerning maintenance obligations;
a description of the measures taken to meet the obligations under Article 51;
a description of how effective access to justice is guaranteed, as required under Article 44, and
a description of national enforcement rules and procedures, including information on any limitations on enforcement, in particular debtor protection rules and limitation or prescription periods.
Member States shall keep this information permanently updated.
Article 71
►C1 Information on contact details and languages ◄
By 18 September 2010, the Member States shall communicate to the Commission:
the names and contact details of the courts or authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 27(1) and with appeals against decisions on such applications in accordance with Article 32(2);
the redress procedures referred to in Article 33;
the review procedure for the purposes of Article 19 and the names and contact details of the courts having jurisdiction;
the names and contact details of their Central Authorities and, where appropriate, the extent of their functions, in accordance with Article 49(3);
the names and contact details of the public bodies or other bodies and, where appropriate, the extent of their functions, in accordance with Article 51(3);
the names and contact details of the authorities with competence in matters of enforcement for the purposes of Article 21;
the languages accepted for translations of the documents referred to in Articles 20, 28 and 40;
the languages accepted by their Central Authorities for communication with other Central Authorities referred to in Article 59.
The Member States shall apprise the Commission of any subsequent changes to this information.
Article 72
Amendments to the forms
Any amendment to the forms provided for in this Regulation shall be adopted in accordance with the advisory procedure referred to in Article 73(3).
Article 73
Committee
Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.
Article 74
Review clause
By five years from the date of application determined in the third subparagraph of Article 76 at the latest, the Commission shall submit to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Regulation, including an evaluation of the practical experiences relating to the cooperation between Central Authorities, in particular regarding those Authorities’ access to the information held by public authorities and administrations, and an evaluation of the functioning of the procedure for recognition, declaration of enforceability and enforcement applicable to decisions given in a Member State not bound by the 2007 Hague Protocol. If necessary the report shall be accompanied by proposals for adaptation.
Article 75
Transitional provisions
Sections 2 and 3 of Chapter IV shall apply:
to decisions given in the Member States before the date of application of this Regulation for which recognition and the declaration of enforceability are requested as from that date;
to decisions given as from the date of application of this Regulation following proceedings begun before that date,
in so far as those decisions fall with the scope of Regulation (EC) No 44/2001 for the purposes of recognition and enforcement.
Regulation (EC) No 44/2001 shall continue to apply to procedures for recognition and enforcement under way on the date of application of this Regulation.
The first and second subparagraphs shall apply mutatis mutandis to court settlements approved or concluded and to authentic instruments established in the Member States.
Article 76
Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Articles 2(2), 47(3), 71, 72 and 73 shall apply from 18 September 2010.
Except for the provisions referred to in the second paragraph, this Regulation shall apply from 18 June 2011, subject to the 2007 Hague Protocol being applicable in the Community by that date. Failing that, this Regulation shall apply from the date of application of that Protocol in the Community.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.
ANNEX I
EXTRACT FROM A DECISION/COURT SETTLEMENT IN MATTERS RELATING TO MAINTENANCE OBLIGATIONS NOT SUBJECT TO PROCEEDINGS FOR RECOGNITION OR A DECLARATION OF ENFORCEABILITY
(Articles 20 and 48 of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations ( 2 ))
IMPORTANT
To be issued by the court of origin
To be issued only if the decision or court settlement is enforceable in the Member State of origin
Mention only information which is given in the decision or court settlement or of which the court of origin has been made aware
1. NATURE OF THE DOCUMENT
|
|
Decision |
|
Court settlement |
Date and reference number: …
The decision/court settlement is recognised and enforceable in another Member State without any possibility of opposing its recognition and without the need for a declaration of enforceability (Articles 17 and 48 of Regulation (EC) No 4/2009).
2. COURT OF ORIGIN
|
2.1. |
Name: … |
|
2.2. |
Address:
2.2.1.
Street and number/PO box: …
2.2.2.
Place and postal code: …
2.2.3.
Member State Belgium Bulgaria Czech Republic Germany Estonia Ireland Greece Spain France Croatia Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden |
|
2.3. |
Telephone/Fax/E-mail: … |
3.1. Person A
|
3.1.1. |
Surname and given name(s): … |
|
3.1.2. |
Date (dd/mm/yyyy) and place of birth: … |
|
3.1.3. |
Identity number or social security number: … |
|
3.1.4. |
Address:
3.1.4.1.
Street and number/PO box: …
3.1.4.2.
Place and postal code: …
3.1.4.3.
Country: … |
|
3.1.5. |
Has benefited from 3.1.5.1. legal aid:
3.1.5.2. exemption from costs and expenses:
3.1.5.3. free proceedings before an administrative authority listed in Annex X to Regulation (EC) No 4/2009:
|
3.2. Person B
|
3.2.1. |
Surname and given name(s): … |
|
3.2.2. |
Date (dd/mm/yyyy) and place of birth: … |
|
3.2.3. |
Identity number or social security number: … |
|
3.2.4. |
Address:
3.2.4.1.
Street and number/PO box: …
3.2.4.2.
Place and postal code: …
3.2.4.3.
Country: … |
|
3.2.5. |
Has benefited from 3.2.5.1. legal aid:
3.2.5.2. exemption from costs and expenses:
3.2.5.3. free proceedings before an administrative authority listed in Annex X to Regulation (EC) No 4/2009:
|
3.3. Person C
|
3.3.1. |
Surname and given name(s): … |
|
3.3.2. |
Date (dd/mm/yyyy) and place of birth: … |
|
3.3.3. |
Identity number or social security number: … |
|
3.3.4. |
Address:
3.3.4.1.
Street and number/PO box: …
3.3.4.2.
Place and postal code: …
3.3.4.3.
Country: … |
|
3.3.5. |
Has benefited from 3.3.5.1. legal aid:
3.3.5.2. exemption from costs and expenses:
3.3.5.3. free proceedings before an administrative authority listed in Annex X to Regulation (EC) No 4/2009:
|
4.1. Person A
|
4.1.1. |
Surname and given name(s): … |
|
4.1.2. |
Date (dd/mm/yyyy) and place of birth: … |
|
4.1.3. |
Identity number or social security number: … |
|
4.1.4. |
Address:
4.1.4.1.
Street and number/PO box: …
4.1.4.2.
Place and postal code: …
4.1.4.3.
Country: … |
|
4.1.5. |
Has benefited from 4.1.5.1. legal aid:
4.1.5.2. exemption from costs and expenses:
4.1.5.3. free proceedings before an administrative authority listed in Annex X to Regulation (EC) No 4/2009:
|
4.2. Person B
|
4.2.1. |
Surname and given name(s): … |
|
4.2.2. |
Date (dd/mm/yyyy) and place of birth: … |
|
4.2.3. |
Identity number or social security number: … |
|
4.2.4. |
Address:
4.2.4.1.
Street and number/PO box: …
4.2.4.2.
Place and postal code: …
4.2.4.3.
Country: … |
|
4.2.5. |
Has benefited from 4.2.5.1. legal aid:
4.2.5.2. exemption from costs and expenses:
4.2.5.3. free proceedings before an administrative authority listed in Annex X to Regulation (EC) No 4/2009:
|
4.3. Person C
|
4.3.1. |
Surname and given name(s): … |
|
4.3.2. |
Date (dd/mm/yyyy) and place of birth: … |
|
4.3.3. |
Identity number or social security number: … |
|
4.3.4. |
Address:
4.3.4.1.
Street and number/PO box: …
4.3.4.2.
Place and postal code: …
4.3.4.3.
Country: … |
|
4.3.5. |
Has benefited from 4.3.5.1. legal aid:
4.3.5.2. exemption from costs and expenses:
4.3.5.3. free proceedings before an administrative authority listed in Annex X to Regulation (EC) No 4/2009:
|
5. TERMS OF THE DECISION/COURT SETTLEMENT
5.1. Currency
Euro (EUR) Lev (BGN) Czech koruna (CZK) Kuna (HRK) Forint (HUF) Zloty (PLN) Leu (RON) Krona (SEK) Other (please specify ISO code): …
5.2. Maintenance claim ( 7 )
5.2.1. Maintenance claim A
|
5.2.1.1. |
The maintenance is to be paid by … (surname and given name(s)) to … (surname and given name(s) of the person to whom the sum must actually be paid) Person for whom maintenance is owed: … (surname and given name(s)) |
|
5.2.1.2. |
Amount to be paid in one sum Period covered, where applicable: … (from date (dd/mm/yyyy) to date (dd/mm/yyyy) or event) Due date: … (dd/mm/yyyy) Amount: … |
|
5.2.1.3. |
Amount to be paid in instalments
|
|
5.2.1.4. |
Sum to be paid regularly
Amount: … From: … (dd/mm/yyyy) Due day/date: … If applicable, until (date (dd/mm/yyyy) or event): … If the maintenance claim is subject to indexation, please indicate how that indexation is to be calculated: … … Indexation applicable as from: … (dd/mm/yyyy) |
|
5.2.1.5. |
Amount due retroactively Period covered: … ([dd/mm/yyyy] to [dd/mm/yyyy]) Amount: … Form of payment: … … … |
|
5.2.1.6. |
Interest (if specified in the decision/court settlement) If the maintenance claim is subject to interest, please indicate the rate: … Interest due as from: … (dd/mm/yyyy) |
|
5.2.1.7. |
Payment in kind (please specify): … … … … |
|
5.2.1.8. |
Other form of payment (please specify): … … … … |
5.2.2. Maintenance claim B
|
5.2.2.1. |
The maintenance is to be paid by … (surname and given name(s)) to … (surname and given name(s) of the person to whom the sum must actually be paid) Person for whom maintenance is owed: … (surname and given name(s)) |
|
5.2.2.2. |
Amount to be paid in one sum Period covered, where applicable: … (from date (dd/mm/yyyy) to date (dd/mm/yyyy) or event) Due date: … (dd/mm/yyyy) Amount: … |
|
5.2.2.3. |
Amount to be paid in instalments
|
|
5.2.2.4. |
Sum to be paid regularly
Amount: … From: … (dd/mm/yyyy) Due day/date: … If applicable, until (date (dd/mm/yyyy) or event): … If the maintenance claim is subject to indexation, please indicate how that indexation is to be calculated: … Indexation applicable as from: … (dd/mm/yyyy) |
|
5.2.2.5. |
Amount due retroactively Period covered: … ([dd/mm/yyyy] to [dd/mm/yyyy]) Amount: … Form of payment: … … … |
|
5.2.2.6. |
Interest (if specified in the decision/court settlement) If the maintenance claim is subject to interest, please indicate the rate: … Interest due as from: … (dd/mm/yyyy) |
|
5.2.2.7. |
Payment in kind (please specify): … … … … |
|
5.2.2.8. |
Other form of payment (please specify): … … … … |
5.2.3. Maintenance claim C
|
5.2.3.1. |
The maintenance is to be paid by … (surname and given name(s)) to … (surname and given name(s) of the person to whom the sum must actually be paid) Person for whom maintenance is owed: … (surname and given name(s)) |
|
5.2.3.2. |
Amount to be paid in one sum Period covered, where applicable: … (from date (dd/mm/yyyy) to date (dd/mm/yyyy) or event) Due date: … (dd/mm/yyyy) Amount: … |
|
5.2.3.3. |
Amount to be paid in instalments
|
|
5.2.3.4. |
Sum to be paid regularly
Amount: … From: … (dd/mm/yyyy) Due day/date: … If applicable, until (date (dd/mm/yyyy) or event): … If the maintenance claim is subject to indexation, please indicate how that indexation is to be calculated: … Indexation applicable as from: … (dd/mm/yyyy) |
|
5.2.3.5. |
Amount due retroactively Period covered: … ([dd/mm/yyyy] to [dd/mm/yyyy]) Amount: … Form of payment: … … … |
|
5.2.3.6. |
Interest (if specified in the decision/court settlement) If the maintenance claim is subject to interest, please indicate the rate: … Interest due as from: … (dd/mm/yyyy) |
|
5.2.3.7. |
Payment in kind (please specify): … … … … |
|
5.2.3.8. |
Other form of payment (please specify): … … … … |
5.3. Costs and expenses
The decision/court settlement provides that
… (surname and given name(s))
must pay the sum of …
to: … [surname and given name(s)].
If additional pages have been attached, state the number of pages: …
Done at: … on: … (dd/mm/yyyy)
Signature and/or stamp of the court of origin:
…
ANNEX II
EXTRACT FROM A DECISION/COURT SETTLEMENT IN MATTERS RELATING TO MAINTENANCE OBLIGATIONS SUBJECT TO PROCEEDINGS FOR RECOGNITION AND A DECLARATION OF ENFORCEABILITY
(Articles 28 and 75(2) of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations ( 8 ))
IMPORTANT
To be issued by the court of origin
To be issued only if the decision or court settlement is enforceable in the Member State of origin
Mention only information which is given in the decision or court settlement or of which the court of origin has been made aware
1. NATURE OF THE DOCUMENT
|
|
Decision |
|
Court settlement |
Date and reference number: …
2. COURT OF ORIGIN
|
2.1. |
Name: … |
|
2.2. |
Address:
2.2.1.
Street and number/PO box: …
2.2.2.
Place and postal code: …
2.2.3.
Member State Belgium Bulgaria Czech Republic Denmark Germany Estonia Ireland Greece Spain France Croatia Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden United Kingdom |
|
2.3. |
Telephone/Fax/E-mail: … |
3.1. Person A
|
3.1.1. |
Surname and given name(s): … |
|
3.1.2. |
Date (dd/mm/yyyy) and place of birth: … |
|
3.1.3. |
Identity number or social security number: … |
|
3.1.4. |
Address:
3.1.4.1.
Street and number/PO box: …
3.1.4.2.
Place and postal code: …
3.1.4.3.
Country: … |
|
3.1.5. |
Has benefited from 3.1.5.1. legal aid:
3.1.5.2. exemption from costs and expenses:
3.1.5.3. free proceedings before an administrative authority listed in Annex X to Regulation (EC) No 4/2009 ( 11 ):
|
3.2. Person B
|
3.2.1. |
Surname and given name(s): … |
|
3.2.2. |
Date (dd/mm/yyyy) and place of birth: … |
|
3.2.3. |
Identity number or social security number: … |
|
3.2.4. |
Address:
3.2.4.1.
Street and number/PO box: …
3.2.4.2.
Place and postal code: …
3.2.4.3.
Country: … |
|
3.2.5. |
Has benefited from 3.2.5.1. legal aid:
3.2.5.2. exemption from costs and expenses:
3.2.5.3. free proceedings before an administrative authority listed in Annex X to Regulation (EC) No 4/2009 ( 12 ):
|
3.3. Person C
|
3.3.1. |
Surname and given name(s): … |
|
3.3.2. |
Date (dd/mm/yyyy) and place of birth: … |
|
3.3.3. |
Identity number or social security number: … |
|
3.3.4. |
Address:
3.3.4.1.
Street and number/PO box: …
3.3.4.2.
Place and postal code: …
3.3.4.3.
Country: … |
|
3.3.5. |
Has benefited from 3.3.5.1. legal aid:
3.3.5.2. exemption from costs and expenses:
3.3.5.3. free proceedings before an administrative authority listed in Annex X to Regulation (EC) No 4/2009 ( 13 ):
|
4.1. Person A
|
4.1.1. |
Surname and given name(s): … |
|
4.1.2. |
Date (dd/mm/yyyy) and place of birth: … |
|
4.1.3. |
Identity number or social security number: … |
|
4.1.4. |
Address:
4.1.4.1.
Street and number/PO box: …
4.1.4.2.
Place and postal code: …
4.1.4.3.
Country: … |
|
4.1.5. |
Has benefited from 4.1.5.1. legal aid:
4.1.5.2. exemption from costs and expenses:
4.1.5.3. free proceedings before an administrative authority listed in Annex X to Regulation (EC) No 4/2009 ( 16 ):
|
4.2. Person B
|
4.2.1. |
Surname and given name(s): … |
|
4.2.2. |
Date (dd/mm/yyyy) and place of birth: … |
|
4.2.3. |
Identity number or social security number: … |
|
4.2.4. |
Address:
4.2.4.1.
Street and number/PO box: …
4.2.4.2.
Place and postal code: …
4.2.4.3.
Country: … |
|
4.2.5. |
Has benefited from 4.2.5.1. legal aid:
4.2.5.2. exemption from costs and expenses:
4.2.5.3. free proceedings before an administrative authority listed in Annex X to Regulation (EC) No 4/2009 ( 17 ):
|
4.3. Person C
|
4.3.1. |
Surname and given name(s): … |
|
4.3.2. |
Date (dd/mm/yyyy) and place of birth: … |
|
4.3.3. |
Identity number or social security number: … |
|
4.3.4. |
Address:
4.3.4.1.
Street and number/PO box: …
4.3.4.2.
Place and postal code: …
4.3.4.3.
Country: … |
|
4.3.5. |
Has benefited from 4.3.5.1. legal aid:
4.3.5.2. exemption from costs and expenses:
4.3.5.3. free proceedings before an administrative authority listed in Annex X to Regulation (EC) No 4/2009 ( 18 ):
|
5. TERMS OF THE DECISION/COURT SETTLEMENT
5.1. Currency
Euro (EUR) Lev (BGN) Czech koruna (CZK) Danish krone (DKK) Pound sterling (GBP) Kuna (HRK) Forint (HUF) Zloty (PLN) Leu (RON) Krona (SEK) Other (please specify ISO code): …
5.2. Maintenance claim ( 19 )
5.2.1. Maintenance claim A
|
5.2.1.1. |
The maintenance is to be paid by … (surname and given name(s)) to … (surname and given name(s) of the person to whom the sum must actually be paid) Person for whom maintenance is owed: … (surname and given name(s)) |
|
5.2.1.2. |
Amount to be paid in one sum Period covered, where applicable: … (from date (dd/mm/yyyy) to date (dd/mm/yyyy) or event) Due date: … (dd/mm/yyyy) Amount: … |
|
5.2.1.3. |
Amount to be paid in instalments
|
|
5.2.1.4. |
Sum to be paid regularly
Amount: … From: … (dd/mm/yyyy) Due day/date: … If applicable, until (date (dd/mm/yyyy) or event): … If the maintenance claim is subject to indexation, please indicate how that indexation is to be calculated: … Indexation applicable as from: … (dd/mm/yyyy) |
|
5.2.1.5. |
Amount due retroactively Period covered: … ((dd/mm/yyyy) to (dd/mm/yyyy)) Amount: … Form of payment: … … … |
|
5.2.1.6. |
Interest (if specified in the decision/court settlement) If the maintenance claim is subject to interest, please indicate the rate: … Interest due as from: … (dd/mm/yyyy) |
|
5.2.1.7. |
Payment in kind (please specify): … … … … |
|
5.2.1.8. |
Other form of payment (please specify): … … … … |
5.2.2. Maintenance claim B
|
5.2.2.1. |
The maintenance is to be paid by … (surname and given name(s)) to … (surname and given name(s) of the person to whom the sum must actually be paid) Person for whom maintenance is owed: … (surname and given name(s)) |
|
5.2.2.2. |
Amount to be paid in one sum Period covered, where applicable: … (from date (dd/mm/yyyy) to date (dd/mm/yyyy) or event) Due date: … (dd/mm/yyyy) Amount: … |
|
5.2.2.3. |
Amount to be paid in instalments
|
|
5.2.2.4. |
Sum to be paid regularly
Amount: … From: … (dd/mm/yyyy) Due day/date: … If applicable, until (date (dd/mm/yyyy) or event): … If the maintenance claim is subject to indexation, please indicate how that indexation is to be calculated: … Indexation applicable as from: … (dd/mm/yyyy) |
|
5.2.2.5. |
Amount due retroactively Period covered: … ((dd/mm/yyyy) to (dd/mm/yyyy)) Amount: … Form of payment: … … … |
|
5.2.2.6. |
Interest (if specified in the decision/court settlement) If the maintenance claim is subject to interest, please indicate the rate: … Interest due as from: … (dd/mm/yyyy) |
|
5.2.2.7. |
Payment in kind (please specify): … … … … |
|
5.2.2.8. |
Other form of payment (please specify): … … … … |
5.2.3. Maintenance claim C
|
5.2.3.1. |
The maintenance is to be paid by … (surname and given name(s)) to … (surname and given name(s) of the person to whom the sum must actually be paid) Person for whom maintenance is owed: … (surname and given name(s)) |
|
5.2.3.2. |
Amount to be paid in one sum Period covered, where applicable: … (from date (dd/mm/yyyy) to date (dd/mm/yyyy) or event) Due date: … (dd/mm/yyyy) Amount: … |
|
5.2.3.3. |
Amount to be paid in instalments
|
|
5.2.3.4. |
Sum to be paid regularly
Amount: … From: … (dd/mm/yyyy) Due day/date: … If applicable, until (date (dd/mm/yyyy) or event): … If the maintenance claim is subject to indexation, please indicate how that indexation is to be calculated: … Indexation applicable as from: … (dd/mm/yyyy) |
|
5.2.3.5. |
Amount due retroactively Period covered: … ((dd/mm/yyyy) to (dd/mm/yyyy)) Amount: … Form of payment: … … … |
|
5.2.3.6. |
Interest (if specified in the decision/court settlement) If the maintenance claim is subject to interest, please indicate the rate: … Interest due as from: … (dd/mm/yyyy) |
|
5.2.3.7. |
Payment in kind (please specify): … … … … |
|
5.2.3.8. |
Other form of payment (please specify): … … … … |
5.3. Costs and expenses
The decision/court settlement provides that
… (surname and given name(s))
must pay the sum of …
to: … (surname and given name(s)).
If additional pages have been attached, state the number of pages: …
Done at: … on: … (dd/mm/yyyy)
Signature and/or stamp of the court of origin:
…
ANNEX III
EXTRACT FROM AN AUTHENTIC INSTRUMENT IN MATTERS RELATING TO MAINTENANCE OBLIGATIONS NOT SUBJECT TO PROCEEDINGS FOR RECOGNITION OR A DECLARATION OF ENFORCEABILITY
(Article 48 of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations ( 20 ))
IMPORTANT
To be issued by the competent authority in the Member State of origin
To be issued only if the authentic instrument is enforceable in the Member State of origin
Mention only information which is given in the authentic instrument or of which the competent authority has been made aware
|
1. |
DATE AND REFERENCE NUMBER OF THE AUTHENTIC INSTRUMENT: … The authentic instrument is recognised and enforceable in another Member State without any possibility of opposing its recognition and without the need for a declaration of enforceability (Article 48 of Regulation (EC) No 4/2009). |
|
2. |
NATURE OF THE AUTHENTIC INSTRUMENT
|
|
3. |
CREDITOR(S) (
21
) 3.1. Person A
3.2. Person B
3.3. Person C
|
|
4. |
DEBTOR(S) (
22
) 4.1. Person A
4.2. Person B
4.3. Person C
|
|
5. |
CONTENTS OF THE AUTHENTIC INSTRUMENT 5.1. Currency Euro (EUR) Lev (BGN) Czech koruna (CZK) Kuna (HRK) Forint (HUF) Zloty (PLN) Leu (RON) Krona (SEK) Other (please specify ISO code): … 5.2. Maintenance claim ( 23 ) 5.2.1. Maintenance claim A
5.2.2. Maintenance claim B
5.2.3. Maintenance claim C
5.3. Costs The authentic instrument provides that … (surname and given name(s)) must pay the sum of … to: … (surname and given name(s)). |
If additional pages have been attached, state the number of pages: …
Done at: … on: … (dd/mm/yyyy)
Signature and/or stamp of the competent authority:
…
ANNEX IV
EXTRACT FROM AN AUTHENTIC INSTRUMENT IN MATTERS RELATING TO MAINTENANCE OBLIGATIONS SUBJECT TO PROCEEDINGS FOR RECOGNITION AND A DECLARATION OF ENFORCEABILITY
(Articles 48 and 75(2) of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations ( 24 ))
IMPORTANT
To be issued by the competent authority in the Member State of origin
To be issued only if the authentic instrument is enforceable in the Member State of origin
Mention only information which is given in the authentic instrument or of which the competent authority has been made aware
|
1. |
DATE AND REFERENCE NUMBER OF THE AUTHENTIC INSTRUMENT: … |
|
2. |
NATURE OF THE AUTHENTIC INSTRUMENT
|
|
3. |
CREDITOR(S) (
25
) 3.1. Person A
3.2. Person B
3.3. Person C
|
|
4. |
DEBTOR(S) (
26
) 4.1. Person A
4.2. Person B
4.3. Person C
|
|
5. |
CONTENTS OF THE AUTHENTIC INSTRUMENT 5.1. Currency Euro (EUR) Lev (BGN) Czech koruna (CZK) Danish krone (DKK) Pound sterling (GBP) Kuna (HRK) Forint (HUF) Zloty (PLN) Leu (RON) Krona (SEK) Other (please specify ISO code): … 5.2. Maintenance claim ( 27 ) 5.2.1. Maintenance claim A
5.2.2. Maintenance claim B
5.2.3. Maintenance claim C
5.3. Costs The authentic instrument provides that … (surname and given name(s)) must pay the sum of … to … (surname and given name(s)). |
If additional pages have been attached, state the number of pages: …
Done at: … on: … (dd/mm/yyyy)
Signature and/or stamp of the competent authority:
…
ANNEX V
REQUEST FOR SPECIFIC MEASURES
(Article 53 of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations ( 28 ))
PART A
To be completed by the requesting Central Authority
1. REQUESTING CENTRAL AUTHORITY
|
1.1. |
Name: … |
|
1.2. |
Address:
1.2.1.
Street and number/PO box: …
1.2.2.
Place and postal code: …
1.2.3.
Member State Belgium Bulgaria Czech Republic Germany Estonia Ireland Greece Spain France Croatia Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden United Kingdom |
|
1.3. |
Telephone: … |
|
1.4. |
Fax … |
|
1.5. |
E-mail: … |
|
1.6. |
Reference number: … |
|
1.7. |
Person responsible for following up the request:
1.7.1.
Surname and given name(s): …
1.7.2.
Telephone: …
1.7.3.
E-mail: … |
2. REQUESTED CENTRAL AUTHORITY
|
2.1. |
Name: … |
|
2.2. |
Address:
2.2.1.
Street and number/PO box: …
2.2.2.
Place and postal code: …
2.2.3.
Member State Belgium Bulgaria Czech Republic Germany Estonia Ireland Greece Spain France Croatia Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden United Kingdom |
3. REQUEST
3.1. The purpose of the specific measure requested is to:
help locate the debtor or the creditor (see points 3.3. and 3.4.)
facilitate the search for information on the income or assets of the debtor or the creditor (see points 3.3. and 3.4.)
facilitate the obtaining of documentary or other evidence
obtain assistance in establishing parentage
initiate or facilitate the institution of proceedings to obtain a necessary provisional measure which is territorial in nature
facilitate service of a document
3.2. Grounds for the request:
…
…
…
…
…
3.3. The information requested relates to:
|
3.3.1. |
the following debtor
|
|
3.3.2. |
the following creditor
|
3.4. Information requested
|
3.4.1. |
Current address of the debtor/creditor |
|
3.4.2. |
Income of the debtor/creditor |
|
3.4.3. |
Assets of the debtor/creditor, including the location of the assets of the debtor/creditor |
The creditor has produced a copy of the decision, court settlement or authentic instrument to be enforced, if appropriate accompanied by the relevant form.
|
|
Yes |
|
No |
There is a risk that notifying the person concerned by the collection of this information may prejudice the effective recovery of the maintenance claim (Article 63(2) of Regulation (EC) No 4/2009).
Done at …, on … (dd/mm/yyyy)
Name and signature of the authorised official of the requesting Central Authority:
…
PART B
To be completed by the requested Central Authority
4. REFERENCE NUMBER OF THE REQUESTED CENTRAL AUTHORITY:
5. PERSON RESPONSIBLE FOR FOLLOWING UP THE REQUEST: …
|
5.1. |
Surname and given name(s): … |
|
5.2. |
Telephone: … |
|
5.3. |
Fax … |
|
5.4. |
E-mail: … |
6. MEASURES TAKEN AND RESULTS OBTAINED
…
…
…
…
7. INFORMATION COLLECTED:
7.1. Without recourse to Articles 61, 62 and 63 of Regulation (EC) No 4/2009:
|
7.1.1. |
Debtor’s/creditor’s address:
… … |
|
7.1.2. |
Debtor’s/creditor’s revenue:
… … |
|
7.1.3. |
Debtor’s/creditor’s assets:
… … |
7.2. Pursuant to Articles 61, 62 and 63 of Regulation (EC) No 4/2009:
|
7.2.1. |
Debtor’s/creditor’s address:
… … … |
|
7.2.2. |
Existence of debtor’s income:
|
|
7.2.3. |
Existence of debtor’s assets:
|
IMPORTANT
(In the event of the application of Articles 61, 62 and 63 of Regulation (EC) No 4/2009)
Except for information merely indicating the existence of an address, income or assets in the requested Member State, the information referred to in Article 61(1) may not be disclosed to the person having applied to the requesting Central Authority, subject to the application of procedural rules before a court (Article 62(2), second subparagraph, of Regulation (EC) No 4/2009).
8. INABILITY TO COMMUNICATE THE REQUESTED INFORMATION
The requested Central Authority is not able to provide the information requested, for the following reasons:
…
…
…
Done at …, on … (dd/mm/yyyy)
Name and signature of the authorised official of the requested Central Authority:
…
ANNEX VI
APPLICATION FORM WITH A VIEW TO THE RECOGNITION, DECLARATION OF ENFORCEABILITY OR ENFORCEMENT OF A DECISION IN MATTERS RELATING TO MAINTENANCE OBLIGATIONS
(Articles 56 and 57 of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations ( 35 ))
PART A
To be completed by the requesting Central Authority
1. APPLICATION
|
|
Application for recognition or for recognition and declaration of enforceability of a decision (Article 56(1)(a)) |
|
|
Application for recognition of a decision (Article 56(2)(a)) |
|
|
Application for enforcement of a decision given or recognised in the requested Member State (Article 56(1)(b)) |
2. REQUESTING CENTRAL AUTHORITY
|
2.1. |
Name: … |
|
2.2. |
Address:
2.2.1.
Street and number/PO box: …
2.2.2.
Place and postal code: …
2.2.3.
Member State Belgium Bulgaria Czech Republic Germany Estonia Ireland Greece Spain France Croatia Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden United Kingdom |
|
2.3. |
Telephone: … |
|
2.4. |
Fax … |
|
2.5. |
E-mail: … |
|
2.6. |
Reference number of the application: … Application to be handled with the application(s) bearing the following reference number(s): … |
|
2.7. |
Person responsible for following up the application:
2.7.1.
Surname and given name(s): …
2.7.2.
Telephone: …
2.7.3.
E-mail: … |
3. REQUESTED CENTRAL AUTHORITY
|
3.1. |
Name: … |
|
3.2. |
Address:
3.2.1.
Street and number/PO box: …
3.2.2.
Place and postal code: …
3.2.3.
Member State Belgium Bulgaria Czech Republic Germany Estonia Ireland Greece Spain France Croatia Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden United Kingdom |
4. DOCUMENTS ATTACHED ( 36 ) TO THE APPLICATION IN THE CASE OF A DECISION MADE IN A MEMBER STATE
|
|
A copy of the decision/court settlement/authentic instrument |
|
|
An extract from the decision/court settlement/authentic instrument using the form set out in Annex I, Annex II, Annex III or Annex IV |
|
|
A transliteration or translation of the contents of the form set out in Annex I, Annex II, Annex III or Annex IV |
|
|
Where appropriate, a copy of the decision on the declaration of enforceability |
|
|
A document showing the amount of any arrears and the date such amount was calculated |
|
|
A document indicating that the applicant has benefited from legal aid or from exemption from costs and expenses |
|
|
A document indicating that the applicant has benefited from free proceedings before an administrative authority in the Member State of origin, and confirming that the applicant fulfils the financial requirements to qualify for legal aid or exemption from costs and expenses |
|
|
A document establishing the right of the public body to apply for reimbursement of benefits paid to the creditor and justifying the payment of such benefits |
|
|
Other (please specify): … … … … |
5. DOCUMENTS ATTACHED ( 37 ) TO THE APPLICATION IN THE CASE OF A DECISION MADE IN A THIRD STATE
|
|
The complete text of the decision. |
|
|
A summary of or extract from the decision drawn up by the competent authority of the State of origin. |
|
|
A document stating that the decision is enforceable in the State of origin and, in the case of a decision by an administrative authority, a document stating that the requirements of Article 19(3) of the 2007 Hague Convention are met. |
|
|
If the defendant did not appear and was not represented in the proceedings in the State of origin, a document or documents attesting, as appropriate, either that the defendant had proper notice of the proceedings and an opportunity to be heard, or that the defendant had proper notice of the decision and the opportunity to challenge it or appeal it in fact and law. |
|
|
A document showing the amount of any arrears and the date such amount was calculated. |
|
|
A document providing the information necessary to make appropriate calculations in the case of a decision providing for automatic adjustment by indexation. |
|
|
A document showing the extent to which the applicant received free legal assistance in the State of origin. |
|
|
Other (please specify): … … … … |
Total number of documents attached to the application form: …
Done at: … on … (dd/mm/yyyy)
Name and signature of the authorised official of the requesting Central Authority: …
PART B
To be completed by the applicant or, as appropriate, by the person/authority authorised in the requesting Member State to complete the form on the applicant’s behalf
6. APPLICATION
|
6.1. |
Application for recognition or for recognition and declaration of enforceability of a decision The application is based on:
6.1.1.
Chapter IV, Section 2, of Regulation (EC) No 4/2009
6.1.2.
The 2007 Hague Convention
6.1.2.1.
Indicate the basis for recognition and enforcement under Article 20 of the 2007 Hague Convention:
6.1.2.2.
The defendant has appeared or been represented in the proceedings in the State of origin:
6.1.3.
The national law of the requested Member State
6.1.4.
Other (please specify): … … … |
|
6.2. |
Application for enforcement of a decision given or recognised in the requested Member State |
7. DECISION
|
7.1. |
Date and reference number: … |
|
7.2. |
Name of the court of origin: … |
8. APPLICANT
8.1. Natural person
|
8.1.1. |
Surname and given name(s): … |
|
8.1.2. |
Date (dd/mm/yyyy) and place of birth: … |
|
8.1.3. |
Identity number or social security number ( 38 ): … |
|
8.1.4. |
Nationality: … |
|
8.1.5. |
Occupation: … |
|
8.1.6. |
Civil status: … |
|
8.1.7. |
Address:
|
|
8.1.8. |
Telephone/E-mail: … |
|
8.1.9. |
Has benefited from:
8.1.9.1.
legal aid:
8.1.9.2.
exemption from costs and expenses:
8.1.9.3.
free proceedings before an administrative authority listed in Annex X to Regulation (EC) No 4/2009:
|
|
8.1.10. |
If applicable, surname, given name(s) and contact details of the applicant’s representative (lawyer, etc. …): … … |
8.2. Public body:
|
8.2.1. |
Name: … |
|
8.2.2. |
Address:
8.2.2.1.
Street and number/PO box: …
8.2.2.2.
Place and postal code: …
8.2.2.3.
Member State Belgium Bulgaria Czech Republic Germany Estonia Ireland Greece Spain France Croatia Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden United Kingdom |
|
8.2.3. |
Telephone/Fax/E-mail: … |
|
8.2.4. |
Name of the person representing the body in the proceedings ( 40 ): … |
|
8.2.5. |
Person responsible for following up the application:
8.2.5.1.
Surname and given name(s): …
8.2.5.2.
Telephone: …
8.2.5.3.
Fax …
8.2.5.4.
E-mail: … |
9. DEFENDANT
|
9.1. |
Surname and given name(s): … |
|
9.2. |
Date (dd/mm/yyyy) and place of birth ( 41 ): … |
|
9.3. |
Identity number or social security number ( 42 ): … |
|
9.4. |
Nationality ( 43 ): … |
|
9.5. |
Occupation ( 44 ): … |
|
9.6. |
Civil status ( 45 ): … |
|
9.7. |
Address ( 46 ):
|
10. ANY OTHER INFORMATION THAT MAY HELP LOCATE THE DEFENDANT: …
…
…
…
11. PERSON(S) FOR WHOM MAINTENANCE IS SOUGHT OR OWED ( 47 )
|
11.1. |
The person is the same as the applicant named in point 8 |
|
11.2. |
The person is the same as the defendant named in point 9 |
|
11.3. |
is the representative ( 48 ) defending the interests of the following person(s): 11.3.1. Person A
11.3.2. Person B
11.3.3. Person C
|
12. DEBTOR
|
12.1. |
The person is the same as the applicant named in point 8 |
|
12.2. |
The person is the same as the defendant named in point 9 |
|
12.3. |
is the representative ( 61 ) defending the interests of the following person:
12.3.1.
Surname and given name(s): …
12.3.2.
Date (dd/mm/yyyy) and place of birth: …
12.3.3.
Identity number or social security number ( 62 ): …
12.3.4.
Nationality ( 63 ): …
12.3.5.
Occupation ( 64 ): …
12.3.6.
Civil status ( 65 ): … |
13. INFORMATION REGARDING PAYMENT, IF THE APPLICATION IS MADE BY THE CREDITOR
13.1. Payment by electronic means
|
13.1.1. |
Name of bank: … |
|
13.1.2. |
BIC or other relevant bank code: … |
|
13.1.3. |
Account holder: … |
|
13.1.4. |
International Bank Account Number (IBAN): … |
13.2. Payment by cheque
|
13.2.1. |
Cheque payable to: … |
|
13.2.2. |
Cheque to be sent to
|
14. ADDITIONAL INFORMATION (WHERE APPLICABLE):
…
…
…
Done at: … on … (dd/mm/yyyy)
Applicant’s signature: …
and/or, where appropriate:
Name and signature of the person/authority authorised in the requesting Member State to complete the form on the applicant’s behalf:
…
ANNEX VII
APPLICATION FORM TO OBTAIN OR HAVE MODIFIED A DECISION IN MATTERS RELATING TO MAINTENANCE OBLIGATIONS
(Articles 56 and 57 of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations ( 66 ))
PART A
To be completed by the requesting Central Authority
1. APPLICATION
|
|
Application to obtain a decision (Article 56(1)(c)) |
|
|
Application to obtain a decision (Article 56(1)(d)) |
|
|
Application for the modification of a decision (Article 56(1)(e)) |
|
|
Application for the modification of a decision (Article 56(1)(f)) |
|
|
Application for the modification of a decision (Article 56(2)(b)) |
|
|
Application for the modification of a decision (Article 56(2)(c)) |
2. REQUESTING CENTRAL AUTHORITY
|
2.1. |
Name: … |
|
2.2. |
Address:
2.2.1.
Street and number/PO box: …
2.2.2.
Place and postal code: …
2.2.3.
Member State Belgium Bulgaria Czech Republic Germany Estonia Ireland Greece Spain France Croatia Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden United Kingdom |
|
2.3. |
Telephone: … |
|
2.4. |
Fax … |
|
2.5. |
E-mail: … |
|
2.6. |
Reference number of the application: … Application to be handled with the application(s) bearing the following reference number(s): … |
|
2.7. |
Person responsible for following up the application:
2.7.1.
Surname and given name(s): …
2.7.2.
Telephone: …
2.7.3.
E-mail: … |
3. REQUESTED CENTRAL AUTHORITY
|
3.1. |
Name: … |
|
3.2. |
Address:
3.2.1.
Street and number/PO box: …
3.2.2.
Place and postal code: …
3.2.3.
Member State Belgium Bulgaria Czech Republic Germany Estonia Ireland Greece Spain France Croatia Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden United Kingdom |
4. DOCUMENTS ATTACHED ( 67 ) TO THE APPLICATION, AS APPROPRIATE
|
|
Decision of the requested Member State refusing recognition or a declaration of enforceability |
|
|
Copy of the decision to be modified |
|
|
Extract from the decision to be modified |
|
|
Document(s) proving a change in income or any other change in circumstances |
|
|
Birth certificate(s) or equivalent |
|
|
Debtor’s acknowledgement of parentage |
|
|
Document(s) proving biological parentage |
|
|
Decision by a competent authority in relation to parentage |
|
|
Results of genetic tests |
|
|
Adoption certificate |
|
|
Certificate of marriage or similar relationship |
|
|
Document(s) proving the date of divorce/separation |
|
|
Document(s) proving that the parties live together |
|
|
Certificate(s) regarding schooling |
|
|
Document(s) relevant to the financial situation |
|
|
Other (please specify): … … … … |
Total number of documents attached to the application form: …
Done at: … on … (dd/mm/yyyy)
Name and signature of the authorised official of the requesting Central Authority:
…
PART B
To be completed by the applicant or, as appropriate, by the person/authority authorised in the requesting Member State to complete the form on the applicant’s behalf
5. APPLICATION
|
5.1. |
Application to obtain a decision
|
|
5.2. |
Application for modification of a decision
|
6. APPLICANT
|
6.1. |
Surname and given name(s): … |
|
6.2. |
Address:
|
|
6.3. |
Telephone/E-mail: … |
|
6.4. |
Date (dd/mm/yyyy) and place of birth: … |
|
6.5. |
Identity number or social security number ( 69 ): … |
|
6.6. |
Nationality: … |
|
6.7. |
Occupation: … |
|
6.8. |
Civil status: … |
|
6.9. |
If applicable, surname, given name(s) and contact details of the applicant’s representative (lawyer, etc. …): … … |
7. DEFENDANT
|
7.1. |
Surname and given name(s): … |
|
7.2. |
Address ( 70 ):
7.2.1.
Street and number/PO box: …
7.2.2.
Place and postal code: …
7.2.3.
Member State Belgium Bulgaria Czech Republic Germany Estonia Ireland Greece Spain France Croatia Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden United Kingdom |
|
7.3. |
Date (dd/mm/yyyy) and place of birth ( 71 ): … |
|
7.4. |
Identity number or social security number ( 72 ): … |
|
7.5. |
Nationality ( 73 ): … |
|
7.6. |
Occupation ( 74 ): … |
|
7.7. |
Civil status ( 75 ): … |
8. ANY OTHER INFORMATION THAT MAY HELP LOCATE THE DEFENDANT:
…
…
…
9. PERSON(S) FOR WHOM MAINTENANCE IS SOUGHT OR OWED ( 76 )
|
9.1. |
The person is the same as the applicant named in point 6 |
|
9.2. |
The person is the same as the defendant named in point 7 |
|
9.3. |
is the representative ( 77 ) defending the interests of the following person(s): 9.3.1. Person A
9.3.2. Person B
9.3.3. Person C
|
10. DEBTOR
|
10.1. |
The person is the same as the applicant named in point 6 |
|
10.2. |
The person is the same as the defendant named in point 7 |
|
10.3. |
is the representative ( 90 ) defending the interests of the following person:
10.3.1.
Surname and given name(s): …
10.3.2.
Date (dd/mm/yyyy) and place of birth: …
10.3.3.
Identity number or social security number ( 91 ): …
10.3.4.
Nationality ( 92 ): …
10.3.5.
Occupation ( 93 ): …
10.3.6.
Civil status ( 94 ): …
10.3.7.
Maintenance is on the basis of the following relationship:
|
11. INFORMATION ON THE FINANCIAL SITUATION OF THE PERSONS CONCERNED BY THE APPLICATION (ONLY GIVE INFORMATION WHICH IS RELEVANT FOR THE PURPOSE OF OBTAINING OR MODIFYING A DECISION)
11.1. Currency
Euro (EUR) Lev (BGN) Czech koruna (CZK) Pound sterling (GBP) Kuna (HRK) Forint (HUF) Zloty (PLN) Leu (RON) Krona (SEK) Other (please specify ISO code): …
11.2. The person(s) for whom maintenance is sought or owed and the person primarily responsible for that person (those persons)
11.2.1. Gross income
|
Monthly Annual |
Person primarily responsible for the person(s) for whom maintenance is sought or owed |
Spouse or current partner of the person primarily responsible for the person(s) for whom maintenance is sought or owed |
Person for whom maintenance is sought or owed (Person A) |
Person for whom maintenance is sought or owed (Person B) |
Person for whom maintenance is sought or owed (Person C) |
|
Salary (including payments in kind), pensions, disability pensions, maintenance payments, allowances, annuities, unemployment benefits |
|
|
|
|
|
|
Income from non-salaried occupations |
|
|
|
|
|
|
Income from securities/floating capital/real property |
|
|
|
|
|
|
Other sources of income |
|
|
|
|
|
|
TOTAL |
|
|
|
|
|
11.2.2. Expenses and charges
|
Monthly Annual |
Person primarily responsible for the person(s) for whom maintenance is sought or owed |
Spouse or current partner of the person primarily responsible for the person(s) for whom maintenance is sought or owed |
Person for whom maintenance is sought or owed (Person A) |
Person for whom maintenance is sought or owed (Person B) |
Person for whom maintenance is sought or owed (Person C) |
|
Taxes |
|
|
|
|
|
|
Insurance premiums, mandatory social security and professional contributions |
|
|
|
|
|
|
Rent/cost of co-ownership, mortgage payments |
|
|
|
|
|
|
Food and clothing |
|
|
|
|
|
|
Medical expenses |
|
|
|
|
|
|
Maintenance paid to a third party by virtue of a legal obligation and/or expenditure for other dependent persons not covered by the application |
|
|
|
|
|
|
Education costs of children |
|
|
|
|
|
|
Loan repayments, other debts |
|
|
|
|
|
|
Other expenditure |
|
|
|
|
|
|
TOTAL |
|
|
|
|
|
11.2.3. Other assets
…
…
…
11.3. The debtor
11.3.1. Gross income
|
Monthly Annual |
Debtor |
Current spouse or partner of the debtor |
|
Salary (including payments in kind), pensions, disability pensions, maintenance payments, allowances, annuities, unemployment benefits |
|
|
|
Income from non-salaried occupations |
|
|
|
Income from securities/floating capital/real property |
|
|
|
Other sources of income |
|
|
|
TOTAL |
|
|
11.3.2. Expenses and charges
|
Monthly Annual |
Debtor |
Current spouse or partner of the debtor |
|
Taxes |
|
|
|
Insurance premiums, mandatory social security and professional contributions |
|
|
|
Rent/cost of co-ownership, mortgage payments |
|
|
|
Food and clothing |
|
|
|
Medical expenses |
|
|
|
Maintenance paid to a third party by virtue of a legal obligation and/or expenditure for other dependent persons not covered by the application |
|
|
|
Education costs of children |
|
|
|
Loan repayments, other debts |
|
|
|
Other expenditure |
|
|
|
TOTAL |
|
|
11.3.3. Other assets
…
…
…
12. INFORMATION REGARDING PAYMENT, IF THE APPLICATION IS MADE BY THE CREDITOR
|
12.1. |
Payment by electronic means
|
|
12.2. |
Payment by cheque
|
13. ADDITIONAL INFORMATION (WHERE APPLICABLE):
…
…
…
Done at: … on … (dd/mm/yyyy)
Applicant’s signature: …
and/or, where appropriate:
Name and signature of the person/authority authorised in the requesting Member State to complete the form on the applicant’s behalf:
…
ANNEX VIII
ACKNOWLEDGEMENT OF RECEIPT OF AN APPLICATION
(Article 58(3) of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations ( 95 ))
This acknowledgement of receipt must be sent within 30 days from the date of receipt of the application.
1. Requesting Central Authority
|
1.1. |
Reference number of the requesting Central Authority: … |
|
1.2. |
Surname and given name(s) of the person responsible for following up the application: … |
2. Requested Central Authority
|
2.1. |
Reference number of the requested Central Authority: … |
|
2.2. |
Person responsible for following up the application:
|
|
3. |
Date received: … (dd/mm/yyyy) |
|
4. |
Initial steps which have been or will be taken to deal with the application … … … … |
|
5. |
Further necessary documents or information (please specify) … … … |
A status report will be sent within 60 days.
Done at: … on: … (dd/mm/yyyy)
Name and signature of the authorised official of the requested Central Authority:
…
ANNEX IX
NOTIFICATION OF REFUSAL OR OF DECISION NO LONGER TO PROCESS AN APPLICATION
(Article 58(8) and (9) of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations ( 96 ))
1. Requesting Central Authority
|
1.1. |
Reference number of the requesting Central Authority: … |
|
1.2. |
Surname and given name(s) of the person responsible for following up the application: … |
2. Requested Central Authority
|
2.1. |
Reference number of the requested Central Authority: … |
|
2.2. |
Person responsible for following up the application:
|
|
3. |
The requested Central Authority refuses to process the application because it is manifest that the required conditions have not been met Reasons (please specify): … … … … … … … |
|
4. |
The requested Central Authority is no longer processing the application because the requesting Central Authority has not supplied the additional information sought by the requested Central Authority within 90 days or a longer period specified by the latter |
Done at: … on: … (dd/mm/yyyy)
Name and signature of the authorised official of the requested Central Authority:
…
ANNEX X
The administrative authorities referred to in Article 2(2) of Regulation (EC) No 4/2009 are as follows:
in England and Wales and Scotland, The Department for Work and Pensions (DWP) including its administrative branches the Child Support Agency (CSA) and the Child Maintenance Service (CMS),
in Northern Ireland, the Child Maintenance Service (CMS).
ANNEX XI
The competent authorities referred to in Article 47(3) of Regulation (EC) No 4/2009 are as follows:
( 1 ) OJ L 339, 21.12.2007, p. 3.
( 2 ) OJ L 7, 10.1.2009, p. 1.
( 3 ) If the parties are not the claimant or defendant in the decision/court settlement, indicate either of the parties as claimant or defendant.
( 4 ) If the decision/court settlement concerns more than three claimants or three defendants, attach an additional sheet.
( 5 ) If the parties are not the claimant or defendant in the decision/court settlement, indicate either of the parties as claimant or defendant.
( 6 ) If the decision/court settlement concerns more than three claimants or three defendants, attach an additional sheet.
( 7 ) If the decision/court settlement concerns more than three maintenance claims, attach an additional sheet.
( 8 ) OJ L 7, 10.1.2009, p. 1.
( 9 ) If the parties are not the claimant or defendant in the decision/court settlement, indicate either of the parties as claimant or defendant.
( 10 ) If the decision/court settlement concerns more than three claimants or three defendants, attach an additional sheet.
( 11 ) For Denmark, the administrative authorities listed in the agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 251, 21.9.2013, p. 1).
( 12 ) For Denmark, the administrative authorities listed in the agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 251, 21.9.2013, p. 1).
( 13 ) For Denmark, the administrative authorities listed in the agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 251, 21.9.2013, p. 1).
( 14 ) If the parties are not the claimant or defendant in the decision/court settlement, indicate either of the parties as claimant or defendant.
( 15 ) If the decision/court settlement concerns more than three claimants or three defendants, attach an additional sheet.
( 16 ) For Denmark, the administrative authorities listed in the agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 251, 21.9.2013, p. 1).
( 17 ) For Denmark, the administrative authorities listed in the agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 251, 21.9.2013, p. 1).
( 18 ) For Denmark, the administrative authorities listed in the agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 251, 21.9.2013, p. 1).
( 19 ) If the decision/court settlement concerns more than three maintenance claims, attach an additional sheet.
( 20 ) OJ L 7, 10.1.2009, p. 1.
( 21 ) If the authentic instrument concerns more than three creditors or three debtors, attach an additional sheet.
( 22 ) If the authentic instrument concerns more than three creditors or three debtors, attach an additional sheet.
( 23 ) If the authentic instrument concerns more than three maintenance claims, attach an additional sheet.
( 24 ) OJ L 7, 10.1.2009, p. 1.
( 25 ) If the authentic instrument concerns more than three creditors or three debtors, attach an additional sheet.
( 26 ) If the authentic instrument concerns more than three creditors or three debtors, attach an additional sheet.
( 27 ) If the authentic instrument concerns more than three maintenance claims, attach an additional sheet.
( 28 ) OJ L 7, 10.1.2009, p. 1.
( 29 ) If available.
( 30 ) If available.
( 31 ) For example, the name of a previous employer, names and addresses of family members, details of a vehicle or property which the person in question might own.
( 32 ) If available.
( 33 ) If available.
( 34 ) For example, the name of a previous employer, names and addresses of family members, details of a vehicle or property which the person in question might own.
( 35 ) OJ L 7, 10.1.2009, p. 1.
( 36 ) Tick the relevant boxes and number the documents in the order in which they are attached.
( 37 ) Tick the relevant boxes and number the documents in the order in which they are attached.
( 38 ) If available.
( 39 ) The national law of the requested Member State may, however, require the applicant to provide his/her personal address for the purposes of the proceedings (see Article 57(3) of Regulation (EC) No 4/2009].
( 40 ) If relevant.
( 41 ) If available.
( 42 ) If available.
( 43 ) If available.
( 44 ) If available.
( 45 ) If available.
( 46 ) If available.
( 47 ) If more than three persons, attach an additional sheet.
( 48 ) For example, the person with parental responsibility or the guardian of a protected adult.
( 49 ) If available and/or relevant.
( 50 ) If available and/or relevant.
( 51 ) If available and/or relevant.
( 52 ) If available and/or relevant.
( 53 ) If available and/or relevant.
( 54 ) If available and/or relevant.
( 55 ) If available and/or relevant.
( 56 ) If available and/or relevant.
( 57 ) If available and/or relevant.
( 58 ) If available and/or relevant.
( 59 ) If available and/or relevant.
( 60 ) If available and/or relevant.
( 61 ) For example, the person with parental responsibility or the guardian of a protected adult.
( 62 ) If available.
( 63 ) If available.
( 64 ) If available.
( 65 ) If available.
( 66 ) OJ L 7, 10.1.2009, p. 1.
( 67 ) Tick the relevant boxes and number the documents in the order in which they are attached.
( 68 ) The national law of the requested Member State may, however, require the applicant to provide his/her personal address for the purposes of the proceedings (see Article 57(3) of Regulation (EC) No 4/2009).
( 69 ) If available.
( 70 ) If available.
( 71 ) If available.
( 72 ) If available.
( 73 ) If available.
( 74 ) If available.
( 75 ) If available.
( 76 ) If more than three persons, attach an additional sheet.
( 77 ) For example the person with parental responsibility or the guardian of a protected adult.
( 78 ) If available and/or relevant.
( 79 ) If available and/or relevant.
( 80 ) If available and/or relevant.
( 81 ) If available and/or relevant.
( 82 ) If available and/or relevant.
( 83 ) If available and/or relevant.
( 84 ) If available and/or relevant.
( 85 ) If available and/or relevant.
( 86 ) If available and/or relevant.
( 87 ) If available and/or relevant.
( 88 ) If available and/or relevant.
( 89 ) If available and/or relevant.
( 90 ) For example the person with parental responsibility or the guardian of a protected adult.
( 91 ) If available.
( 92 ) If available.
( 93 ) If available.
( 94 ) If available.
( 95 ) OJ L 7, 10.1.2009, p. 1.
( 96 ) OJ L 7, 10.1.2009, p. 1.