# C_2017104EN.01002201.xml

| 3.4.2017 | EN | Official Journal of the European Union | C 104/22 |
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3.4.2017

EN

Official Journal of the European Union

C 104/22

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Judgment of the Court (Sixth Chamber) of 9 February 2017 (request for a preliminary ruling from the High Court of Justice, Family Division (England and Wales) — United Kingdom) — M.S. v P.S.

(Case C-283/16) (1)

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((Reference for a preliminary ruling - Regulation (EC) No 4/2009 - Article 41(1) - Recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations - Enforcement of a decision in a Member State - Application submitted directly to the competent authority of the Member State of enforcement - National legislation requiring recourse to be had to the Central Authority of the Member State of enforcement))

(2017/C 104/32)

Language of the case: English

Referring court

Referring court

High Court of Justice, Family Division (England and Wales)

Parties to the main proceedings

Parties to the main proceedings

Applicant: M.S.

Applicant:

Defendant: P.S.

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Chapter IV 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, in particular Article 41(1) thereof, must be interpreted as meaning that a maintenance creditor who has obtained an order in one Member State and wishes to enforce it in another Member State may make an application directly to the competent authority of the latter Member State, such as a specialised court, and cannot be required to submit the application to that court through the Central Authority of the Member State of enforcement; |
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1.

Chapter IV 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, in particular Article 41(1) thereof, must be interpreted as meaning that a maintenance creditor who has obtained an order in one Member State and wishes to enforce it in another Member State may make an application directly to the competent authority of the latter Member State, such as a specialised court, and cannot be required to submit the application to that court through the Central Authority of the Member State of enforcement;

| 2. | Member States are required to give full effect to the right laid down in Article 41(1) of Regulation No 4/2009 by amending, where appropriate, their rules of procedure. In any event, it is for the national court to apply Article 41(1), if necessary refusing to apply any conflicting provision of national law and, as a consequence, to allow a maintenance creditor to submit her application directly to the competent authority of the Member State of enforcement, even if national law does not make provision for such an application. |
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2.

Member States are required to give full effect to the right laid down in Article 41(1) of Regulation No 4/2009 by amending, where appropriate, their rules of procedure. In any event, it is for the national court to apply Article 41(1), if necessary refusing to apply any conflicting provision of national law and, as a consequence, to allow a maintenance creditor to submit her application directly to the competent authority of the Member State of enforcement, even if national law does not make provision for such an application.

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(1)  OJ C 279, 1.8.2016.

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