Proposal for a Council Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations {SEC(2005) 1629}
Date: 2005-12-15
Institutions: European Commission
Subjects: approximation of laws, civil law, divorce, family law, judicial cooperation in criminal matters in the EU, maintenance obligation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.12.2005 
COM(2005) 649 final 

2005/0259 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on jurisdiction, applicable law, recognition and enforcement of decisions and 
cooperation in matters relating to maintenance obligations 

(presented by the Commission) 

{SEC(2005) 1629} 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

General context 

1.1.1.  Within the European Union 

At its meeting in Tampere on 15 and 16 October 1999, the European Council asked 
in  matters  relating  to  maintenance  obligations  for  the  establishment  of  special 
common  procedural  rules  to  simplify  and  accelerate  the  settlement  of  cross-border 
disputes and for the removal of intermediate measures needed for the recognition and 
enforcement in one Member State of a judgment given in another Member State. 

The  Mutual  Recognition  Programme  in  Civil  Matters,  adopted  on  30  November 
20001,  calls  for  elimination  of  the  exequatur  procedure  in  matters  related  to 
maintenance obligations, which are already covered by the Council Regulation (EC) 
n°  44/2001  of  22  December  2000  on  jurisdiction  and  the  recognition  and 
enforcement of judgements in civil and commercial matters (hereafter: ‘Brussels I’)2. 
In addition, this programme suggests in general that it will “sometimes be necessary, 
or even essential, to lay down a number of procedural rules at European level, which 
will  constitute  common  minimum  guarantees”,  or  even  “to  be  directed  towards  a 
certain  harmonisation  of  the  procedures”.  It  envisages  the  adoption  of  ancillary 
measures  of  mutual  recognition  aiming  at  “seeking  to  make  more  efficient  the 
enforcement,  in  the  requested  State,  of  judgments  delivered  in  another  Member 
State”,  in  particular  by  allowing  “precise  identification  of  a  debtor’s  assets  in  the 
territory of the Member States” so that mutual recognition can operate in the context 
of  “enhancing  cooperation  between  Member  States'  courts”,  and  finally  measures 
for the “harmonisation of conflict-of-law rules”.  

The  relevance  of  this  programme  was  reaffirmed  by  the  European  Council  in 
November 2004 at the time of the adoption of ‘the Hague programme’3, in which it is 
underlined that “continued implementation of the programme of measures on mutual 
recognition  must  therefore  be  a  main  priority  in  the  coming  years  to  ensure  its 
completion by 2011”. 

The Council and the Commission adopted, on 2 and 3 June 2005, a common Action 
Plan which translates the Hague programme in concrete actions and which mentions, 
as regards judicial cooperation in civil matters, the adoption in 2005 of “proposals 
on maintenance obligations”4. 

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4 

OJ C 12 of 15 January 2001.  
OJ L 12 of 16 January 2001.  
JO C 53 of 3 March 2005. 
Document of the Council of the European Union n° 9778/2/05 REV 2 JAI 207.  

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1.1.2.  At the international level 

The  Hague  Conference  of  Private  International  Law5  also  launched  work  on  maintenance 
obligations  so  as  to  modernise  the  rules  in  the  existing  Conventions6.  Three  meetings  of  a 
Special  Commission  were  devoted  to  the  preparation  of  a  new  general  convention  on 
maintenance  obligations  in  May  2003,  June  2004  and  April  2005.  A  fourth  meeting  of  this 
Special  Commission  is  envisaged  for  June  2006,  possibly  followed  by  a  diplomatic  session 
during  the  first  half  of  2007.  The  European  Community  takes  an  active  part  in  these 
negotiations.  

The  relationships  between  the  negotiations  undertaken  in  The  Hague  and  Community  work 
should be seen in terms of the search for possible synergies between them; these two exercises 
are  not  contradictory,  but  consistent  and  complementary,  as  it  was  pointed  out  by  the 
European Council in the Hague Programme.  

The Community should thus be in a position to adopt a coherent strategy in the international 
negotiations and in parallel has to continue its efforts to build, among its Members States, a 
genuine area of freedom, security and justice. 

The  Hague  Conference  represents  for  the  Community  an  international  forum  for  the 
development of a policy of cooperation in the area of civil justice with the world at large. The 
discussion  forum  that  it  provides  is  an  inestimable  source  of  inspiration  for  the  work  being 
done  in  the  Community.  Moreover  it  is  not  excluded  that  in  certain  specific  matters  the 
negotiations in The Hague could produce results which might prove transposable within the 
European Union.  

However, the different level of integration between the Member States when compared with 
non-member  countries  and  the  scale  of  the  objectives  pursued  by  the  European  Union 
necessitates  seeking  specific  Community  solutions.  The  cooperation  between  the  Member 
States,  which  have  at  their  disposal  not  only  a  more  consistent  and  complete  system  of 
jurisdiction  rules  and  rules  on  recognition  of  judgments,  but  also  a  functioning  European 
Judicial Network, can without doubt be much closer than with non-member countries. 

1.2. 

Objectives 

The  ambition  of  the  proposal  is  to  eliminate  all  obstacles  which  still  today  prevent  the 
recovery  of  maintenance  within  the  European  Union.  It  will  certainly  not  abolish  the 
economic  and  social  precariousness  which  afflicts  certain  debtors  and  deprives  them  of 
employment  and  of  regular  income,  preventing  them  from  fulfilling  their  obligations,  but  it 
will enable the creation of a legal environment adapted to the legitimate expectations of the 
maintenance creditors. The latter should be able to obtain easily, quickly and, generally, free 

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Web Site: http://www.hcch.net.  
The  Hague  Convention  of  24  October  1956  on  the  Law  Applicable  to  Maintenance  Obligations 
Towards  Children;  The  Hague  Convention  of  15  April  1958  on  the  Recognition  and  Enforcement  of 
Decisions Relating to Maintenance Obligations Towards Children; The Hague Convention of 2 October 
1973 on the Law Applicable to Maintenance Obligations, which replaces the Convention of 24 October 
1956 in relations between the States that are Parties to it; The Hague Convention of 2 October 1973 on 
the Recognition and Enforcement of Decisions Relating to Maintenance Obligations, which replaces the 
Convention  of  15  April  1958  in  relations  between  the  States  that  are  Parties  to  it.  To  this  list  it  is 
necessary to add the New York Convention of 20 June 1956 on the Recovery Abroad of Maintenance, 
concluded in the United Nations. 

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of charge, an enforcement order capable of circulation without obstacles in the European area 
of justice and enabling regular payment of the amounts due.  

This new European legal order requires an action which cannot be limited solely to the fine-
tuning of the current mechanisms; ambitious measures have to be taken in all relevant areas of 
the  civil  judicial  cooperation:  jurisdiction,  applicable  law,  recognition  and  enforcement, 
cooperation and elimination of obstacles for the good conduct of proceedings. The solutions 
to this multifaceted problem shall be contained in a single instrument.  

Three requirements shall guide this action:  

1.2.1. 

Simplifying the citizens’ life 

Simplicity  is  sought  in  the  first  place  in  the  conduct  of  the  proceedings  necessary  for  the 
establishment of the maintenance claim. The rules on jurisdiction laid down in the Brussels I 
Regulation already allow the maintenance creditor to bring an action before an authority close 
to him or her, but the situation can still be improved and certain ambiguities eliminated. Once 
the decision was given, measures have to be taken to give that decision the same force that it 
has  in  the  Member  State  of  origin,  without  any  further  formality.  Thus  the  objective 
consisting in removing the “intermediate measures” will be achieved.  

In  a  more  general  way,  support  and  assistance,  which  today  are  still  insufficient,  must  be 
given to the creditor for each stage in the process of recovery of maintenance. The creation of 
cooperation  mechanisms  between  the  Member  States  pursues  this  objective.  Following  the 
same objective, the possibility of taking all the necessary steps at the place of the creditor’s 
habitual residence must also be mentioned which includes measures at the enforcement stage 
itself,  in  particular  the  possibility  to  obtain  attachment  on  wages  or  on  a  bank  account,  to 
trigger  the  cooperation  mechanisms  or  to  have  access  to  information  making  it  possible  to 
locate the debtor and to evaluate his assets. That is also why it is envisaged to reinforce the 
guarantees  of  access  to  justice  by  means  of  a  system  of  legal  representation  of  the 
maintenance creditors’ interests by the central authorities of the Member States.  

Finally, simplicity implies putting an end to the diversity of sources of the law in this field, 
since  today  there  is  no  perfectly  harmonised  set  of  rules  as  regards  recognition  and 
enforcement of maintenance decisions within the European Union.  

Indeed  Article  71  of  the  Brussels  I  Regulation  maintains  the  application  of  “conventions  to 
which  the  Member  States  are  parties  and  which  in  relation  to  particular  matters,  govern 
jurisdiction  or  the  recognition  or  enforcement  of  judgments”.  The  last  paragraph  of  that 
Article  states  that:  “Where  a  convention  on  a  particular  matter  to  which  both  the  Member 
State  of  origin  and  the  Member  State  addressed  are  parties  lays  down  conditions  for  the 
recognition  and  enforcement  of  judgments,  those  conditions  shall  apply.”  In  the  ‘particular 
matter’  of  maintenance  obligations,  17  Member  States  out  of  25  are  parties  to  the  Hague 
Convention  of  2  October  1973  Concerning  Recognition  and  Enforcement  Relating  to 
Maintenance  Decisions.  Between  these  Member  States,  it  is  therefore  the  ‘conditions’  laid 
down  by  the  1973  Convention,  prior  to  the  Brussels  I  Regulations,  which  continue  to  be 
applicable.  

In accordance with Article 26 of this Convention, any Contracting State may reserve the right 
not  to  recognise  or  enforce  several  types  of  decisions,  notably  those  which  concern 
maintenance  between  adults  or  between  persons  related  collaterally  or  by  affinity.  The 

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majority of Member States which are Parties to the 1973 Hague Convention7 have made one 
or  more  reservations  on  the  basis  of  this  provision.  The  result  is  an  uneven  landscape  as 
regards the recognition of maintenance decisions.  

This  discord  mirrors  certain  differences  between  Member  States  regarding  the  concept  of 
maintenance. The reservations set out in the 1973 Convention allow unlimited expression of 
these  differences.  They  make  it  possible  to  oppose  the  recognition  of  certain  maintenance 
decisions on a basis of a certain ‘general clause of ordre public’. Public policy is no longer 
used  on  a  case  by  case  basis,  a  posteriori;  it  is  used  in  a  general  way,  and  a  priori,  by  the 
means of a reservation to the 1973 Convention which has priority over Community law.  

Such  discrepancies  should  no  longer  be  acceptable  within  the  European  Union  which  has 
decided, at the highest political level, to favour the free movement of maintenance decisions. 
They do, however, require a reflection on the way how to meet the concerns of those Member 
States which had in the previous system expressed the wish to limit such movement.  

1.2.2. 

Strengthening legal certainty 

The  main  goal  of  the  harmonisation  of  conflict-of-law  rules  is  to  make  possible  for  the 
creditors to act with full knowledge of the situation, without being subjected to the diversity 
of national systems. It thus guarantees certain ‘legal predictability’.  

On  the  basis  of  the  rules  determining  the  applicable  law,  the  competent  court  shall  give  a 
decision  based  on  the  substantive  law  which  has  the  closest  connection  with  the  case.  This 
also allows avoiding the most unfair situations: the maintenance creditor will obtain a result 
adapted to his or her situation, without having to suffer from the disparity of the conflict-of-
law rules. 

Thus,  the  conflict-of-law  rules  accompany  and  facilitate  the  elimination  of  ‘intermediate 
measures’ at the stage of recognition: the decision is less problematic to accept if it is given in 
accordance with a law designated according to harmonised rules.  

Moreover, and in a more direct way, the conflict-of-law rules shall in certain situations put an 
end  to  certain  applications  based  on  maintenance  relationships  which  are  not  accepted 
universally (between brothers and sisters, for example). The conflict-of-law rules are a ‘safety 
net’,  in  the  area  of  free  movement  of  decisions;  they  reassure  Member  States  which  have  a 
restrictive approach to the concept of maintenance. 

The conflict-of-law rules do not therefore aim at rejecting these differences; this by no means 
implies harmonisation of the concepts which mirror national needs, whether they are social, 
economic or cultural, but intends to make sure that no decision will be given on the basis of a 
law lacking a sufficient connection with the family relationship concerned.  

1.2.3.  Ensuring effectiveness and continuity of recovery 

Only the improvement of effective recovery of maintenance is likely to improve substantially 
and  permanently  the  current  situation.  This  implies  making  it  possible  for  the  creditor  to 
obtain  a  decision  enforceable  throughout  the  territory  of  the  European  Union  which  could 

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17  Member  States:  Germany,  Denmark,  Spain,  Estonia,  Finland,  France,  Greece,  Italy,  Lithuania, 
Luxembourg, the Netherlands, Poland, Portugal, Czech Republic, United Kingdom, Slovakia, Sweden.  

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then benefit from a simple and harmonised enforcement system. Three requirements have to 
be met. The first one is to generalise and make automatic the provisional enforcement of all 
maintenance  decisions.  The  second  one  consists  in  abolishing  the  intermediate  measures 
needed  for  recognition  and  enforcement  in  a  Member  State  of  a  decision  given  in  another 
Member  State.  The  third  requirement  is  to  adopt  a  number  of  measures  relating  to  the 
enforcement  itself:  access  to  information  on  the  situation  of  the  debtor,  introducing  legal 
provisions  enabling  direct  deductions  of  maintenance  from  wages  or  bank  accounts, 
strengthening of the ranking of maintenance claims.  

All  of  the  objectives  pursued  by  the  proposal  will  be  reached  with  full  respect  of  the 
fundamental  rights  guaranteed  by  the  European  Union.  A  balance  shall  be  ensured  between 
maintenance creditors’ and debtors’ rights; in particular, debtors shall always have the right to 
a fair trial and the right to the protection of personal data. 

2. 

CONSULTATION OF INTERESTED PARTIES 

The Commission carried  out  a  study  on  the recovery  of  maintenance  claims  in  the  Member 
States of the European Union8.  

The  first  meeting  of  experts  was  organised  on  3  November  2003  in  order  to  identify  the 
principal aspects for the inclusion in a future Green Paper on maintenance obligations.  

The  Green  Paper  on  maintenance  obligations  was  adopted  by  the  Commission  on  15  April 
20049.  The  first  responses  were  the  subject  of  a  public  hearing  organised  on  2  June  2004. 
Other responses arrived at a later date10.  

On the basis of another discussion paper drawn up by the services of the Commission which 
included three preliminary drafts of legislative proposals, a second meeting of Member States’ 
experts  was  organised  on  12  May  2005.  This  meeting  made  it  possible  to  examine  all  the 
questions  concerning  maintenance  obligations  within  the  European  Union:  applicable  law, 
recognition,  enforceability  and  enforcement  of  decisions, 
conflict  of 
harmonisation of certain rules of procedure, cooperation between central authorities, access to 
information, etc.  

jurisdiction, 

The  participants  at  this  meeting  were  then  invited  to  submit  to  the  Commission  written 
comments on the discussion paper and the three draft legislative proposals.  

The Commission has undertaken an impact assessment, the conclusions of which appear in a 
working paper annexed to this proposal. Throughout the impact assessment, contributions of 
the  consulted  experts,  made  within  the  framework  of  the  Green  Paper  and  afterwards,  have 
been  analysed.  Several  options  have  been  contemplated:  the  Status  Quo,  a  non  legislative 
action and several modalities of a legislative initiative of the Community. It results from this 
study that, in order to solve the various problems of maintenance creditors, it is necessary for 

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This study can be consulted on the Directorate-General’s site “Justice Freedom and Security” at the 
following address: 
http://europa.eu.int/comm/justice_home/doc_centre/civil/studies/doc_civil_studies_en.htm  
COM (2004) 254 final.  
The responses are published at the following address: 
http://europa.eu.int:8082/comm/justice_home/ejn/maintenance_claim/maintenance_claim_ec_en.htm  

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the Community to foresee a very ambitious action which will cover all the possible spheres of 
activity. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Legal basis 

The  subject-matter  covered  by  this  proposal  is  within  the  ambit  of  Article  65  of  the  Treaty 
establishing the European Community; the legal basis for this proposal is Article 61(c) of the 
Treaty. 

Article 65 attributes legislative powers to the Community with regard to judicial cooperation 
in  civil  matters  having  cross-border  implications  in  so  far  as  necessary  for  the  proper 
functioning of the internal market.  

The measures envisaged in this proposal relate to those which are expressly mentioned in the 
non exhaustive list set out in Article 65: conflict of jurisdiction, conflict of laws, recognition 
and  enforcement  of  decisions,  elimination  of  obstacles  to  the  good  functioning  of  civil 
proceedings, by promoting the compatibility of the rules on civil procedure.  

With  respect  to  the  internal  market  requirement,  there  is  a  margin  of  appreciation  for  the 
Community  institutions  in  determining  whether  a  measure  is  necessary  for  the  proper 
functioning of the internal market. With respect to this proposal, the proper functioning of the 
internal  market  is  facilitated,  because  the  adoption  of  a  new  legal  environment  intended  to 
improve  the  recovery  of  maintenance  claims  will  contribute  to  eliminating  the  obstacles  to 
free movement of persons who, currently, suffer from the persistent differences between the 
Member States in the recovery of maintenance.  

the  cross-border  requirement, 

this  proposal  contains  measures  on 

Concerning 
the 
establishment  and  enforcement  of  a  decision  in situations  which  all  include  an  international 
element.  The  conflict-of-jurisdiction  and  conflict-of-law  rules  concern,  by  definition, 
international  situations,  bringing  into  play  legal  elements  coming  from  various  countries. 
Provisions on recognition and enforcement of decisions are intended to allow a decision given 
in  a  Member  State  to  be  automatically  enforceable  in  any  other  Member  State.  Some 
measures  for  a  minimum  harmonisation  of  certain  rules  on  procedure  are  ancillary  to  these 
provisions.  The  measures  on  enforcement  which  are  envisaged  in  the  proposal  aim  at 
facilitating the enforcement in a Member State of a decision given in another Member State. 
Finally,  provisions  on  cooperation  and  exchange  of  information  shall  operate  only  between 
two different Member States.  

This Regulation will be adopted according to the procedure provided for in Article 67 (2) of 
the  Treaty,  under  the  terms  of  which  the  Council  acts  unanimously  after  consulting  the 
European  Parliament. The Commission is indeed of the opinion that this proposal relates to 
family law, in accordance with Article 67 (5) second indent.  

This  interpretation  legally  prevails  over  any  other,  taking  into  consideration  the  very  close 
connections which link maintenance obligations to family law, but such a classification is not 
without  disadvantage.  It  does  not  take  sufficiently  into  account  the  hybrid  nature  of  the 
concept of maintenance – familial by its roots, but pecuniary in its implementation, like any 
other debt.  

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Besides, the Community has considered until now that maintenance obligations could be seen 
as included in matters related to civil judicial cooperation outside of the sphere of family law. 
The  Brussels  I  Regulation,  following  the  structure  of  the  Brussels  Convention  of  27 
September 1968, excludes family law, but includes maintenance obligations within its scope 
of  application.  In  contrast,  Council  Regulation  (EC)  n°  2201/2003  of  27  November  2003 
concerning  jurisdiction  and  the  recognition  and  enforcement  of  judgments  in  matrimonial 
matters and the matters of parental responsibility (hereafter: ‘new Brussels II Regulation’)11, 
covers  an  essential  part  of  family  law  (divorce,  parental  responsibility),  but  excludes 
maintenance  obligations.  Lastly,  Regulation  (EC)  n°  805/2004  of  the  European  Parliament 
and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested 
claims12  (hereafter:  ‘EEO  Regulation’)  includes  the  maintenance  claims  and  was  adopted 
according to the co-decision procedure.  

Obviously this proposal is submitted in a very different context, since it is exclusively devoted 
to maintenance obligations which in the previous instruments constituted an ancillary part of 
their scope. Consequently, the Commission has to respect the terms of the Treaty and observe 
that  this  proposal  relates  to  family  law  and  cannot  fall  therefore  within  the  co-decision 
procedure.  

The disadvantages previously mentioned can be avoided should the Council decide to place 
maintenance  obligations  within  the  scope  of  the  non-family  civil  judicial  cooperation.  In 
accordance with Article 67 (2), second indent of the Treaty, the Council, acting unanimously 
after consulting the European Parliament, may take a decision with a view to providing for all 
or parts of the areas covered by title IV of the third part of the Treaty to be governed by the 
procedure  referred  to  in  Article  251.  It  is  therefore  possible  to  transfer  maintenance 
obligations from unanimity to co-decision.  

The  Commission  recommends  that  the  Council  take  such  a  decision;  this  would  be 
appropriate in view of both the specific nature of maintenance obligations and the legislative 
context in which the Community had worked in this area until now.  

3.2. 

Proportionality and subsidiarity  

The  objectives  of  this  proposal  cannot  be  accomplished  by  the  Member  States  themselves. 
Jurisdiction  rules  and  conflict-of-law  rules,  as  well  as  rules  concerning  recognition  and 
enforcement of decisions, have indeed to be identical in order to facilitate the functioning of 
the internal market. Only an action at the Community level can guarantee the equivalence of 
rules  applicable,  as  it  was  the  case  previously,  for  example  with  the  Brussels  I  Regulation. 
The  same  reasoning  is  pertinent  for  the  rules  on  cooperation:  central  authorities  which  are 
designated  have  to  comply  with  the  same  obligations  for  mutual  assistance  within  the 
European Union.  

This  proposal  is  fully  consistent  with  the  principle  of  proportionality  in  that  it  is  strictly 
limited  to  what  is  necessary  in  order  to  reach  these  objectives.  Conflict-of-law  rules,  in 
particular, render the harmonization of the substantial law unnecessary. The rules concerning 
jurisdiction, and recognition and enforcement of decisions have very little effect on national 
procedural norms. 

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OJ L 338 of 23 December 2003, pp. 1 – 29.  
OJ L 143 of 30 April 2004, pp. 15 – 39. 

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The  form  chosen  for  the  instrument  –  a  regulation  –  is  warranted  by  a  number  of 
considerations.  The  Member  States  cannot  be  left  with  the  discretion  not  only  to  determine 
rules of jurisdiction, the purpose of which is to achieve certainty in the law for the benefit of 
individuals  and  economic  operators,  but  also  the  procedures  for  the  recognition  and 
enforcement of decisions, which must be clear and uniform in all Member States. The same 
applies for the conflict-of-law rules. The proposal contains indeed uniform rules on applicable 
law which are detailed, precise and unconditional and require no implementation in national 
law. If Member States had, on the contrary, margin of appreciation for the implementation of 
these rules, one would reintroduce legal uncertainty that this proposal is specifically intended 
to eliminate.  

In a more general way, transparency is a vital objective in this context; the rules applicable in 
the  Community  should  be  easily  and  uniformly  understood  without  the  need  to  seek  the 
provisions of national law that transpose the content of the Community instrument, bearing in 
mind  that  national  law  will  very  often  be  foreign  to  the  plaintiff.  Opting  for  a  Regulation 
enables  the  Court  of  Justice  to  ensure  that  it  is  applied  uniformly  throughout  the  Member 
States. 

3.3. 

Position of the United Kingdom, Ireland and Denmark. 

Title IV of the Treaty, which applies to the matters covered by this proposal for a Regulation, 
is  not  applicable  in  the  United  Kingdom  and  Ireland,  unless  they  ‘opt  in’  in  the  manner 
provided by the Protocol annexed to the Treaty. 

Title  IV  of  the  Treaty  is  likewise  not  applicable  in  Denmark,  by  virtue  of  the  relevant 
Protocol. 

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2005/0259 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on jurisdiction, applicable law, recognition and enforcement of decisions and 
cooperation in matters relating to maintenance obligations 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 61 c) and Article 67 (2) thereof, 

Having regard to the proposal from the Commission13, 

Having regard to the opinion of the European Parliament14, 

Having regard to the opinion of the European Economic and Social Committee15, 

Whereas: 

(1) 

(2) 

The  Community  has  set  itself  the  objective  of  maintaining  and  of  developing  the 
European Union as an area of freedom, security and justice in which free movement of 
persons is ensured. For the gradual establishment of such a space, the Community is to 
adopt,  among  others,  the  measures  relating  to  judicial  cooperation  in  civil  matters 
needed for the proper functioning of the internal market.  

In  this  respect,  the  Community  has  among  other  measures  already  adopted  Council 
regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of 
judicial  and  extrajudicial  documents  in  civil  or  commercial  matters16,  Council 
Regulation (EC) n° 44/2001 of 22 December 2000 on jurisdiction and the recognition 
and  enforcement  of  judgments  in  civil  and  commercial  matters17,  Council  Decision 
2001/470/EC  of 28 May 2001 establishing a European  Judicial Network in civil  and 
commercial  matters18,  Council  Regulation  (EC)  No  1206/2001  of  28  May  2001  on 
cooperation between the courts of the Member States in the taking of evidence in civil 
or  commercial  matters19,  Council  Regulation  (EC)  n°  2201/2003  of  27  November 
2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial 
matters  and  in  matters  of  parental  responsibility,  repealing  Regulation  (EC)  n° 

13 
14 
15 
16 
17 
18 
19 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L 160, 30.6.2000, p. 37. 
OJ L 12, 16.1.2001, p. 1.  
OJ L 174, 27.6.2001, p. 25.  
OJ L 174, 27.6.2001, p. 1.  

EN 

10 

   EN 

 
                                                 
1347/200020, and Regulation (EC) n° 805/2004 of the European Parliament and of the 
Council  of  21  April  2004  creating  a  European  Enforcement  Order  for  uncontested 
claims21. 

The  European  Council  in  Tampere  on  15  and  16  October  1999  called  on  the 
establishment  of  special  common  procedural  rules  to  simplify  and  accelerate  the 
settlement  of  cross-border  disputes  concerning,  in  particular,  maintenance  claims. 
Among other things it recommended abolishing intermediate measures needed for the 
recognition  and  enforcement  in  one  Member  State  of  a  judgment  given  in  another 
Member State. 

A programme of measures for the enforcement of the principle of mutual recognition 
of decisions in civil and commercial matters, common to the Commission and to the 
Council, was adopted on 30 November 200022.  

The  European  Council,  at  its  meeting  held  in  Brussels  on  4  and  5  November  2004, 
adopted  a  new  programme,  known  as  “The  Hague  Programme”  on  “strengthening 
freedom, security and justice in the European Union”.  

The  Council  and  the  Commission  adopted,  on  2  and  3  June  2005,  a  common  action 
plan  which  implements  The  Hague  Programme  in  concrete  actions  and  which 
mentions the necessity to adopt proposals on maintenance obligations.  

It  should  be  made  possible  for  a  maintenance  creditor  to  obtain  easily,  in  a  Member 
State, a decision which will be automatically enforceable in any other Member State 
and the enforcement of which will be simplified and accelerated.  

In  order  to  achieve  this  goal  and  to  guarantee  to  the  citizens  better  access  to  the 
applicable  legal  rules,  it  is  relevant  to  bring  together  in  a  single  instrument  all  the 
measures necessary to the recovery of maintenance obligations within the Community. 
This Regulation should therefore contain provisions on jurisdiction, conflict of laws, 
enforceability and enforcement of foreign decisions and cooperation.  

The  scope  of  the  Regulation  should  cover  all  maintenance  obligations  arising  from 
family  relationships  or  from  relations  which  have  comparable  effects,  in  order  to 
guarantee an equal treatment of maintenance creditors.  

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10)  The rules on jurisdiction  differ  somewhat from  those which are  currently  applicable, 
such  as  they  result  from  Regulation  (EC)  n°  44/2001.  In  order  to  ensure  as  much  as 
possible  the  protection  of  the  interests  of  maintenance  creditors  and  to  encourage  a 
proper  administration  of  justice  within  the  European  Union,  these  rules  should  be 
clarified  and  cover  now  all  the  cases  in  which  there  is  a  sufficient  link  between  the 
parties and a Member State. The fact that the defendant is habitually resident in a non-
member State of the European Union should no longer be a reason for non-application 
of Community rules and for reference to national law.  

20 
21 
22 

OJ L 338, 23.12.2003, p. 1.  
OJ L 143, 30.4.2004, p. 15.  
OJ C 12 of 15 January 2001.  

EN 

11 

   EN 

 
                                                 
(11)  The  parties  should  be  able  to  agree  on  the  competent  court,  except  for  maintenance 
obligations in respect of a minor child, in order to protect the “weaker party”.  

(12) 

It is necessary to maintain a clear and effective mechanism for resolving cases of lis 
pendens and related actions. 

(13)  The rules on conflict of laws should apply only to maintenance obligations and should 
not  determine  the  law  applicable  to  the  establishment  of  the  family  relationships  on 
which the maintenance obligations are based.  

(14)  The  law  of  the  country  of  the  habitual  residence  of  the  maintenance  creditor  should 
remain  predominant,  as  in  the  existing  international  instruments,  but  the  law  of  the 
forum  should  come  in  second  rank,  because  it  often  allows,  in  this  specific  area,  to 
resolve disputes in a simpler, faster and less expensive manner.  

(15)  Where none of the laws referred to above enables the creditor to obtain maintenance 
from  the  debtor,  it  should  remain  possible  to  apply  the  law  of  another  country  with 
which  the  maintenance  obligation  is  closely  linked.  It  can  be,  in  particular,  but 
exclusively the country of the common nationality of the parties.  

(16)  Parties should be authorized, under certain conditions, to choose applicable law. They 
should  be  able  to  choose  the  law  of  the  forum  for  the  purposes  of  particular 
proceedings. Moreover, they should be entitled to agree on the applicable law prior to 
any dispute, but only when maintenance obligations involved are other than those in 
respect  of  children  or  vulnerable  adults;  furthermore,  any  such  choice  should  be 
limited to the designation of certain laws only.  

(17)  The debtor should be protected from the application of the law designated where the 
family  relationship  on  which  the  maintenance  obligation  is  based  is  not  universally 
considered  as  being  worthy  to  be  honoured.  It  should  be  the  case,  in  particular,  for 
relations between persons related collaterally or by affinity, descendants’ maintenance 
obligations  with  regard  to  their  ascendants,  or  maintenance  after  the  dissolution  of 
marriage.  

(18)  Decisions  given  in  a  Member  State  relating  to  maintenance  obligations  should  be 
recognised  and  enforceable  in  all  the  other  Member  States  without  any  procedure 
being  necessary.  In  order  to  abolish  any  intermediate  measure,  a  minimum 
harmonisation of procedure should be carried out. It should guarantee the compliance 
with the requirements of fair trial according to common standards in all the Member 
States.  

(19)  Once a maintenance decision has been given in a Member State, it should be enforced 
quickly and effectively in any other Member State. The maintenance creditors should 
benefit,  in  particular,  from  direct  deductions  from  wages  and  bank  accounts  of  the 
debtors.  

(20)  Authentic  instruments  and  agreements  between  parties  which  are  enforceable  in  a 

Member State should be treated as equivalent to decisions.  

(21)  Central authorities should be set up in the Member States in order to cooperate both in 
general matters and in specific cases, to facilitate the recovery of maintenance claims. 

EN 

12 

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They should exchange information in order to locate debtors and evaluate their assets 
and  incomes,  and  respect  fully  all  the  requirements  relating  to  the  protection  of 
individuals  with  regard  to  the  processing  of  personal  data,  in  accordance  with  the 
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 
on the protection of individuals with regard to the processing of personal data and on 
the free movement of such data23. 

(22)  This Regulation respects the fundamental rights and observes the principles recognised 
in  particular  by  the  Charter  of  Fundamental  Rights  of  the  European  Union. 
Specifically,  it  seeks  to  ensure  full  respect  for  private  and  family  life,  personal  data 
protection,  the  rights  of  the  child  and  the  guarantees  of  effective  remedy  before  an 
independent  and  impartial  court,  in  accordance  with  Articles  7,  8  24  and  47  of  the 
Charter.  

(23) 

In accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying 
down  the  procedures  for  the  exercise  of  implementing  powers  conferred  on  the 
Commission24, measures for the implementation of this Regulation should be adopted 
by use of the advisory procedure provided for in Article 3 of that Decision.  

(24)  This  Regulation  should  replace  the  Community  instruments  adopted  previously  and 
covering the same field. It shall prevail, in addition, over other applicable international 
instruments  applicable  between  the  Member  States  in  the  same  matters,  in  order  to 
unify and simplify the legal rules in force.  

(25)  Since  the  objectives  of  the  action  to  be  taken,  namely  the  creation  of  a  series  of 
measures  to  ensure  the  effective  recovery  of  maintenance  claims  within  European 
Union,  cannot  be  sufficiently  achieved  by  the  Member  States  and  can  therefore  be 
better  achieved  at  Community  level,  the  Community  may  adopt  measures  in 
accordance  with  the principle of subsidiarity as set out in Article 5 of  the Treaty. In 
accordance  with  the  principle  of  proportionality  as  set  out  in  that  Article  this 
Regulation does not go beyond what is necessary to achieve those objectives. 

(26) 

[The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the 
position of the United Kingdom and Ireland annexed to the Treaty on European Union 
and the Treaty establishing the European Community, have given notice of their wish 
to take part in the adoption and application of this Regulation.] 

(27)  Denmark,  in  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of 
Denmark  annexed  to  the  Treaty  on  European  Union  and  the  Treaty  establishing  the 
European  Community,  is  not  participating  in  the  adoption  of  this  Regulation,  and  is 
therefore not bound by it nor subject to its application,  

23 
24 

OJ L 281, 23.11.1995, p. 31-50 
OJ L 184, 17.7.1999, p. 23.  

EN 

13 

   EN 

 
                                                 
HAS ADOPTED THIS REGULATION: 

Chapter I 

Scope and definitions 

Article 1 

Scope of application 

1. 

2. 

This  Regulation  shall  apply  to  maintenance  obligations  arising  from  family 
relationships or relationships deemed by the law applicable to such relationships as 
having comparable effects. 

In  this  Regulation,  the  term  ‘Member  State’  shall  mean  Member  States  with  the 
exception of Denmark [, the United Kingdom and Ireland]. 

Article 2 

Definitions 

For the purposes of this Regulation: 

(1) 

(2) 

(3) 

the term ‘court’ shall cover all the authorities in the Member States with jurisdiction in 
matters relating to maintenance obligations; 

the term ‘judge’ shall mean the judge or an official having powers equivalent to those 
of a judge in matters relating to maintenance obligations; 

the  term  ‘decision’  shall  mean  a  decision  given  in  matters  relating  to  maintenance 
obligations  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  the  decision 
determining the costs or expenses by an officer of the court; 

(4) 

the term ‘authentic instrument’ shall mean: 

a) 

document  which  has  been  formally  drawn  up  or  registered  as  an  authentic 
instrument  in  matters  related  to  maintenance  obligations,  and  the  authenticity 
of which:  

i) 

relates to the signature and the content of the instrument; and 

ii) 

has been established by a public authority or other authority empowered 
for that purpose by the Member State in which it originates, or 

EN 

14 

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b) 

an  arrangement 
administrative authorities or authenticated by them; 

relating 

to  maintenance  obligations  concluded  with 

(5) 

(6) 

(7) 

(8) 

(9) 

the term ‘Member State of origin’ shall mean the Member State in which the decision 
was given;  

the  term  ‘Member  State  of  enforcement’  shall  mean  the  Member  State  in  which  the 
enforcement of the decision is sought; 

the  term  ‘court  of  origin’  shall  mean  the  court  which  has  given  the  decision  to  be 
enforced; 

the term ‘creditor’ shall mean any natural person to whom maintenance is owed or is 
alleged to be owed, 

the  term  ‘debtor’  shall  mean  any  natural  person  who  owes  or  who  is  alleged  to  owe 
maintenance.  

Chapter II 

Jurisdiction 

Article 3 

General jurisdiction 

The  following  courts  shall  have  jurisdiction  in  a  Member  State  in  matters  relating  to 
maintenance obligations: 

a) 

the court for the place where the defendant is habitually resident, 

b) 

the court for the place where the creditor is habitually resident, or 

c) 

d) 

the court which 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; 

the  court  which  has  jurisdiction  to  entertain  proceedings  concerning  parental 
responsibility, under the Regulation (EC) n°  2201/2003, if the matter  relating 
to maintenance is ancillary to those proceedings. 

EN 

15 

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Article 4 

Prorogation of jurisdiction 

1. 

2. 

3. 

4. 

If the parties, one  or more of whom  is  habitually resident in a Member State, have 
agreed that a court or the courts of a Member State are to have jurisdiction to settle 
any disputes which have arisen or which may arise in matters relating to maintenance 
obligations, that court or those courts shall have jurisdiction. Such jurisdiction shall 
be exclusive unless the parties have agreed otherwise. 

An  agreement  conferring  jurisdiction  shall  be  in  writing.  Any  communication  by 
electronic  means  which  provides  a  durable  record  of  the  agreement  shall  be 
equivalent to ‘writing’. 

When  such  an  agreement  is  concluded  by  parties,  none  of  whom  is  habitually 
resident  in  a  Member  State,  the  courts  of  other  Member  States  shall  have  no 
jurisdiction  over  their  disputes  unless  the  court  or  courts  chosen  have  declined 
jurisdiction. 

This article shall not apply to a dispute relating to a maintenance obligation towards 
a child below the age of 18. 

Article 5 

Jurisdiction based on the appearance of the defendant 

Apart from jurisdiction derived from Articles 3 and 4, 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  or  where  another  court  has  exclusive 
jurisdiction by virtue of Article 4. 

Article 6 

Residual jurisdiction 

Where no court of a Member State has jurisdiction pursuant to Articles 3 to 5, the following 
courts shall have jurisdiction: 

a) 

b) 

the courts of the Member State of the common nationality of the creditor and 
the debtor, or 

in  the  case  of  maintenance  obligations  between  spouses  or  ex-spouses,  the 
courts of the Member State of was the last common habitual residence of the 
spouses  provided  such  habitual  residence  had  still  existed  at  least  one  year 
before the institution of the proceedings. 

EN 

16 

   EN 

 
Article 7 

Lis Pendens 

1. 

2. 

1. 

2. 

3. 

Where  proceedings  involving  the  same  maintenance  obligation  are  brought  in  the 
courts of different Member States, any court other than the court first seised shall of 
its  own  motion  stay  its  proceedings  until  such  time  as  the  jurisdiction  of  the  court 
first seised is established. 

Where the jurisdiction of the court first seised is established, any court other than the 
court first seised shall decline jurisdiction in favour of that court. 

Article 8 

Related actions 

Where related actions are pending in the courts of different Member States, any court 
other than the court first seised may stay its proceedings. 

Where these actions are pending at first instance, any court other than the court first 
seised  may  also,  on  the  application  of  one  of  the  parties,  decline  jurisdiction  if  the 
court first seised has jurisdiction over the actions in question and its law permits the 
consolidation thereof. 

For the purposes of this Article, actions are deemed to be related where they are so 
closely connected that it is expedient to hear and determine them together to avoid 
the risk of irreconcilable judgments resulting from separate proceedings. 

Article 9 

Seising of a court 

For the purposes of this Chapter, a court shall be deemed to be seised: 

a) 

b) 

at  the  time  when  the  document  instituting  the  proceedings  or  an  equivalent 
document  is  lodged  with  the  court,  provided  that  the  plaintiff  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 
plaintiff has not subsequently failed to take the steps he was required to take to 
have the document lodged with the court. 

EN 

17 

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Article 10 

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. 

Article 11 

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. 

Chapter III 

Applicable law 

Article 12 

No effect on the existence of family relationships 

The  provisions  of  this  Chapter  shall  determine  only  the  law  applicable  to  maintenance 
obligations and shall not prejudice the law applicable to any of the relationships referred to in 
Article 1. 

Article 13 

General rules 

1. 

2. 

The maintenance  obligations shall be governed by the law of the country in whose 
territory the creditor is habitually resident. 

The law of the forum shall apply: 

a) 

if  the  creditor  is  unable,  by  virtue  of  the  law  designated  in  accordance  with 
paragraph 1, to obtain maintenance from the debtor, or 

b)  where the creditor so requests and this law is the law of the country on whose 

territory the debtor is habitually resident. 

EN 

18 

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3. 

The laws designated in accordance with the previous paragraphs shall be disregarded 
when, by virtue of those laws, the creditor is unable to obtain maintenance, and if it 
appears  from  the  circumstances  as  a  whole  that  the  maintenance  obligation  has  a 
close  connection  with  another  country,  in  particular  the  country  of  the  common 
nationality of the creditor and the debtor; in such a case, the law of the country with 
which the maintenance obligation has a close connection shall apply. 

Article 14 

Choice of law by the parties  

Notwithstanding Article 13, the creditor and the debtor may: 

a) 

b) 

at  the  time  the  court  is  seised,  designate  expressly  or  otherwise  in  an 
unequivocal  manner  the  law  of  the  forum  for  as  the  law  applicable  to  the 
maintenance obligation, for the purpose of these proceedings,  

at  any  time  agree  in  writing  on  the  law  applicable  to  the  maintenance 
obligation, except for maintenance obligations in respect of a child below the 
age of 18 or of an adult who, by reason of an impairment or insufficiency of his 
or  her  personal  faculties,  is  not  in  a  position  to  protect  his  or  her  interests 
(hereafter,  “a  vulnerable  adult”),  provided  that  they  designate  one  of  the 
following laws:  

i) 

the law of their common nationality at the time of designation; 

ii) 

iii) 

the law of the country of their common habitual residence or the country 
on whose territory the creditor or the debtor is habitually resident at the 
time of designation;  

in the case of a maintenance obligation between two persons who are or 
were  married  or  in  a  relation  which  has  similar  effects  under  the  law 
applicable to it, the law applicable to their property relations at the time 
of designation. 

Article 15 

Non-application of the designated law at the request of the debtor 

1. 

2. 

In  the  case  of  maintenance  obligations  other  than  those  in  respect  of  children  and 
vulnerable adults and between spouses or ex-spouses, the debtor may oppose a claim 
by the creditor on the ground that there is no such obligation under the law of their 
common nationality or, in the absence of a common nationality, under the law of the 
country in which the debtor is habitually resident.  

In  the  case  of  maintenance  obligations  between  spouses  or  ex-spouses,  the  debtor 
may  oppose  a  claim  by  the  creditor  on  the  ground  that  there  is  no  such  obligation 
under the law of the country with which the marriage has the closest connection. 

EN 

19 

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Article 16 

Law applicable to public institutions  

The right of a public body to seek reimbursement of benefits provided for the creditor shall be 
governed by the law to which the body is subject.  

Article 17 

Scope of applicable law  

1. 

The law applicable to a maintenance obligation shall determine in particular:  

(a) 

whether, to what extent and from whom a creditor may claim maintenance;  

(b) 

the extent to which the creditor may claim retroactive maintenance; 

(c) 

the calculation and indexation of the maintenance obligation;  

(d) 

limitation periods and time limits on the institution of proceedings;  

(e) 

the right of a public body which has provided benefits for a creditor to obtain 
reimbursement of those benefits and the extent of the obligation of the debtor.  

2. 

Whatever  the  contents  of  the  applicable  law,  the  needs  of  the  creditor  and  the 
resources  of  the  debtor  shall  be  taken  into  account  in  determining  the  amount  of 
maintenance.  

Article 18 

Application of the law of a non-Member State 

The  law  designated  by  this  Regulation  shall  be  applied  whether  or  not  it  is  the  law  of  a 
Member State.  

Article 19 

Renvoi  

1. 

2. 

Subject to paragraph 2, the application of the law of any country designated by this 
Regulation  means  the  application  of  the  rules  of  law  in  force  in  that  country  other 
than its rules of private international law. 

When this Regulation specifies the application of the law of a non-Member State and 
the private international law rules of that State designate the law of another country, 
the court seised shall apply its internal law.  

EN 

20 

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Article 20 

Public policy  

The application of a provision of the law designated by this Regulation may be refused only if 
such  application  is  manifestly  incompatible  with  the  public  policy  (‘ordre  public’)  of  the 
forum. However, the application of a provision of the law of a Member State designated by 
this Regulation shall not be refused on such a ground. 

Article 21 

States with more than one legal system  

Where  a  State  comprises  several  territorial  units  each  of  which  has  its  own  rules  on 
maintenance obligations, each territorial unit is regarded as a country for the purposes of the 
determination of the applicable law according to this Regulation.  

Chapter IV 

Common procedural rules 

Article 22 

Service of documents 

1. 

In  proceedings  before  a  court,  the  document  instituting  the  proceedings  or  an 
equivalent  document  shall  be  served  on  the  defendant  by  one  of  the  following 
methods: 

a) 

b) 

c) 

d) 

personal service attested by an acknowledgement of receipt, including the date 
of receipt, which is signed by the addressee; 

personal service attested by a document signed by the competent  person  who 
effected  the  service  stating  that  the  addressee  has  received  the  document  or 
refused to receive it without any legal justification, and the date of the service; 

postal service attested by an acknowledgement of receipt including the date of 
receipt, which is signed and returned by the addressee; 

service  by  electronic  means  such  as  fax  or  e-mail,  attested  by  an 
acknowledgement of receipt including the date of receipt, which is signed and 
returned by the addressee. 

2. 

The  defendant  shall  have  at  least  30  days  for  the  preparation  of  his  or  her  defence 
following the day of receipt of the document served in accordance with paragraph 1.  

EN 

21 

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3. 

The  Member  States  shall  inform  the  Commission  within  six  months  following  the 
entry  into  force  of  this  Regulation  of  the  methods  of  service  which  are  applicable. 
They shall communicate to the Commission any changes to this information.  

The Commission shall make this information publicly available. 

Article 23 

Examination as to admissibility 

1. 

2. 

3. 

Where  a  defendant  habitually  resident  in  a  Member  State  other  than  the  Member 
State  where  the  action  was  brought  does  not  enter  an  appearance,  the  court  with 
jurisdiction shall stay the proceedings so long as it is not shown that the defendant 
has  been  able  to  receive  the  document  instituting  the  proceedings  or  an  equivalent 
document in accordance with Article 22 or that all necessary steps have been taken to 
this end. 

Where  a  defendant  habitually  resident  in  a  non  Member  State  does  not  enter  an 
appearance, the court with jurisdiction shall stay the proceedings so long as it is not 
shown  that  the  defendant  has  been  able  to  receive  the  document  instituting  the 
proceedings or an equivalent document in sufficient time to enable him to arrange for 
his defence, or that all necessary steps have been taken to this end. 

Article 15 of the Hague Convention of 15 November 1965 on the service abroad of 
judicial and extrajudicial documents in civil or commercial matters shall apply if the 
document  instituting  the  proceedings  or  an  equivalent  document  had  to  be 
transmitted abroad pursuant to that Convention. 

Article 24 

Decision and review 

1. 

Where the defendant has not entered an appearance and 

a) 

it has not been shown that the defendant has effectively received the document 
instituting the proceedings or an equivalent document or  

b)  where the defendant was prevented from contesting the maintenance claim by 
reason  of  force  majeure,  or  due  to  extraordinary  circumstances  without  any 
fault on his or her part,  

a decision may be given but the defendant shall have the right to apply for a review 
of the decision before the court of origin. 

2. 

The time limit to apply for a review shall run from the day the defendant is notified 
of  the  decision  and  is  able  to  react  and  at  the  latest  from  the  day  the  defendant  is 
informed  of  the  decision  by  the  competent  authority  of  the  Member  State  of 
enforcement. This time limit shall not be less than 20 days. 

EN 

22 

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3. 

An application for review shall suspend all the measures for enforcement taken in a 
Member State. 

Chapter V 

Enforceability of decisions 

Article 25 

Enforceability 

A  decision  given  in  a  Member  State  that  is  enforceable  in  that  Member  State  shall  be 
recognised  and  enforceable  in  another  Member  State  without  the  need  for  a  declaration  of 
enforceability and without any possibility of opposing its recognition.  

Article 26 

Provisional enforcement 

A decision given in a Member State shall be enforceable by operation of law notwithstanding 
any appeal provided for by national law. A security shall not be imposed. 

Chapter VI 

Enforcement 

Article 27 

Enforcement proceedings 

Subject to the provisions of this Regulation, the procedure  for the enforcement of  decisions 
issued  in  another  Member  State  shall  be  governed  by  the  law  of  the  Member  State  of 
enforcement.  

Article 28 

Documents 

A party applying in a Member State for the recognition or enforcement of a decision given in 
another  Member  State  shall  produce  a  copy  of  the  decision  which  satisfies  the  conditions 

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necessary  to  establish  its  authenticity,  as  well  as  an  extract  established  by  the  competent 
authority using the standard form in Annex I to this Regulation.  

No  translation  shall  be  required  by  the  competent  authorities  of  the  Member  State  of 
enforcement. 

Article 29 

Legal aid 

An applicant, who, in the Member State of origin has benefited from complete or partial legal 
aid or exemption from costs or expenses, shall be entitled, in the procedure for enforcement, 
to benefit from the most favourable legal aid or the most extensive exemption from costs or 
expenses provided for by the law of the Member State of enforcement. 

Article 30 

Security, bond or deposit 

No  security,  bond  or  deposit,  however  described,  shall  be  required  of  a  party  who  in  a 
Member  State  applies  for  enforcement  of  a  decision  given  in  another  Member  State  on  the 
ground that he or she is a foreign national or that he or she is not domiciled or resident in the 
State in which enforcement is sought. 

Article 31 

Legalisation or other similar formality 

No  legalisation  or  other  similar  formality  shall  be  required  in  respect  of  the  documents 
referred to in Article 28.  

Article 32 

No review as to the substance of a decision 

1. 

2. 

Under no circumstances may a decision given in a Member State be reviewed as to 
its substance in another Member State during the enforcement procedure.  

However, the competent authority of the Member State of enforcement may decide, 
at its own initiative, to limit the enforcement of the decision of the court of origin to 
a part of the maintenance claim if the complete enforcement would have an impact 
on  a  part  of  the  debtor  assets  which  is  not  attachable  according  to  the  law  of  the 
Member State of enforcement. 

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Article 33 

Refusal or suspension of enforcement 

The  partial  or  total  refusal  or  suspension  of  the  enforcement  of  the  decision  of  the  court  of 
origin may at the request of the debtor be granted only in the following cases:  

a) 

b) 

c) 

d) 

e) 

the debtor asserts new circumstances or circumstances which were unknown to 
the court of origin when its decision was given;  

the debtor has applied for the review of the decision of the court of origin in 
accordance with Article 24 and no new decision has yet been given;  

the debtor has already satisfied his or her debt;  

the claim is totally or partially extinguished by the effect of prescription or the 
limitation of actions; 

the decision of the court of origin is irreconcilable with a decision given in the 
Member State of enforcement or which fulfils the conditions necessary for its 
recognition in the Member State of enforcement.  

Article 34 

Order for monthly direct payment 

1. 

2. 

3. 

4. 

At  the  request  of  the  creditor,  the  court  of  origin  may  give  an  order  for  monthly 
direct payment which is to be addressed to the debtor’s employer in another Member 
State or to the bank in another Member State in which the debtor has a bank account. 
The  order  for  monthly  direct  payment  shall  be  enforceable  in  the  Member  State 
addressed as a decision in accordance with articles 25 and 26. 

An  order  for  monthly  direct  payment  may  only  be  given  if  the  decision  has  been 
served to the debtor by one of the methods referred to in Article 22. 

The application and the order for monthly direct payment shall be in conformity with 
the standard form set out in Annex III to this Regulation.  

The  order  for  monthly  direct  payment  shall  be  notified  by  the  court  of  origin,  by 
postal service attested by an acknowledgement of receipt: 

a) 

b) 

either  to  the  debtor’s  employer,  or  to  a  bank  in  which  the  debtor  has  an 
account, and 

at the latest five days later, to the debtor, together with the decision of the court 
of origin and the information note in conformity with the standard form set out 
in Annex III a to this Regulation. 

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5. 

6. 

1. 

2. 

As from such a receipt, the addressee of an order for monthly direct payment shall 
proceed with the first direct payment. If the addressee is absolutely unable to proceed 
with the direct payments, he or she shall inform the court of origin at the latest within 
30 days following the acknowledgment of receipt or the last direct payment.  

After an order for monthly direct payment was issued, a debtor is required to inform 
the creditor and the court of origin of any changes of employer or bank account.  

Article 35 

Order for temporary freezing of a bank account 

A  creditor  may  ask  the  court  seised  as  to  the  substance  to  deliver  an  order  for 
temporary freezing of a bank account which is to be addressed to the bank in another 
Member State in which the debtor has an account. The application and the order for 
temporary freezing of a bank account shall be in conformity with the standard form 
set out in the annex IV to this Regulation.  

The court shall give a decision within 8 days on the creditor’s  application,  without 
notice of the application to the debtor and without providing him an opportunity to 
be heard. The court shall deliver the order for temporary freezing where it considers 
that  the  request  of  the  creditor  is  not  manifestly  unfounded  and  where  there  is  a 
serious risk of non execution from the debtor.  

3. 

An order for temporary freezing of a bank account:  

4. 

5. 

6. 

a) 

b) 

shall  be  notified  by 
acknowledgement of receipt, to the bank in which the debtor has an account;  

the  court,  by  postal  service  attested  by  an 

shall  prohibit  as  from  the  date  of  such  a  receipt  any  movement  on  the  bank 
account  which  would  render  impossible  the  payment  by  its  holder  of  the 
amount determined by the order for temporary freezing of a bank account. 

The  creditor  and  the  debtor  shall  be  notified  of  the  decision  of  the  court  by  postal 
service attested by an acknowledgement of receipt, once the order has acquired the 
effect described in paragraph 3 (b). 

The  debtor  may  ask  the  court  to  set  aside  the  order  for  temporary  freezing  and  the 
court shall give its decision within 8 days. The court may accept the request and may 
require, if necessary, that the debtor shall constitute a security. 

The  order  for  temporary  freezing  shall  cease  to  have  effect  as  soon  as  the  court  so 
decides or if the court has not given its decision within 8 days and at the latest when 
a decision is given on the substance. The order for temporary freezing may also be 
replaced by an order for monthly direct payment as soon as the court gives a decision 
on the substance, if the creditor so requests in accordance with Article 34. 

The  decision  withdrawing  the  order  for  temporary  freezing  shall  be  notified  to  the 
bank by postal service attested by an acknowledgement of receipt. 

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Article 36 

Ranking of maintenance claims  

Maintenance claims shall be paid in preference to all the other debts of a debtor, including the 
debts arising from expenses of the enforcement of maintenance decisions.  

Chapter VII 

Authentic instruments and agreements 

Article 37 

Enforceability of authentic instruments and agreements 

Authentic instruments registered and enforceable in a Member State and agreements between 
the  parties  that  are  enforceable  in  a  Member  State  shall  be  recognised  and  enforceable  as 
decisions in accordance with Article 25.  

Article 38 

Enforcement of authentic instruments and agreements 

1. 

Provisions  of  Chapter  VI  shall  apply  as  appropriate  to  the  recognition  and 
enforcement  of  authentic  instruments  and  agreements  between  the  parties  that  are 
enforceable.  The  competent  authority  of  a  Member  State  in  which  an  authentic 
instrument  or  an  agreement  between  the  parties  is  enforceable  shall  issue,  at  the 
request of any interested party, an extract of act using the standard form in Annex II 
of this Regulation. 

2. 

A creditor who wishes for making use of provisions of Articles 34 and 35 may seise 
the court for the place where he or she is habitually resident. 

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Chapter VIII 

Cooperation 

Article 39 

Central authorities 

1. 

2. 

3. 

Each Member State shall designate one or more central authorities to assist with the 
application  of  this  Regulation  and  shall  specify  the  geographical  or  functional 
jurisdiction of each.  

than  one  central  authority, 
Where  a  Member  State  has  designated  more 
communications  shall  normally  be  sent  direct  to  the  relevant  central  authority  with 
jurisdiction.  Where  a  communication  is  sent  to  a  central  authority  without 
jurisdiction,  the  latter  shall  be  responsible  for  forwarding  it  to  the  central  authority 
with jurisdiction and for informing the sender accordingly.  

The  Member  States  shall  communicate  to  the  Commission  within  six  months 
following the entry into force of this Regulation:  

a) 

the  names,  addresses  and  means  of  communication  for  the  central  authorities 
designated pursuant to this Article;  

b) 

the languages accepted for communications to central authorities.  

The  Member  States  shall  communicate  to  the  Commission  any  changes  to  this 
information.  

The Commission shall make this information publicly available.  

Article 40 

General functions  

The  central  authorities  shall  communicate  information  on  national  laws  and  procedures  and 
take  measures  to  improve  the  application  of  this  Regulation  and  strengthening  their 
cooperation. For this purpose the European Judicial Network in civil and commercial matters 
created by Decision n° 2001/470/EC shall be used.  

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Article 41 

Cooperation in specific cases 

1. 

The  central  authorities  shall  cooperate  on  specific  cases  to  achieve  the  purposes  of 
this Regulation. To this end, they shall, acting directly or trough public authorities or 
other bodies, take all appropriate steps to:  

a) 

collect and exchange information on:  

i) 

the situation of the creditor and of the debtor, making use in particular of 
Articles 44 to 47;  

ii) 

any procedures under way; or  

iii) 

any decisions taken;  

b) 

c) 

provide  information  and  assistance  to  creditors  involved  in  proceedings  on 
their territory;  

facilitate agreement between creditors and debtors, through mediation or other 
means, and facilitate cross-border cooperation to this end.  

2. 

At his or her request, a creditor who is habitually resident in a Member State shall be 
represented by: 

a) 

the central authority of the Member on the territory of which the court seised in 
a matter relating to maintenance is located, or 

b) 

the central authority of the Member State of enforcement. 

For the purposes of this paragraph, the representation shall include all the necessary 
steps  needed  to  obtain  a  maintenance  decision  or  to  recover  effectively  a 
maintenance claim. 

Article 42 

Working method 

1. 

A central authority of a Member State may receive an application under Article 41 
from a creditor who proceeds directly or through the central authority of the Member 
State on whose territory he or she is habitually resident.  

The creditor may lodge an application with the court for the place where he or she is 
habitually  resident;  that  court  shall  take  the  necessary  steps  to  ensure  the 
transmission and execution of the request, in cooperation with the central authority of 
its Member State.  

2. 

The request for assistance shall be accompanied by all available information relevant 
for its execution.  

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3. 

4. 

Subject  to  paragraph  4,  the  assistance  provided  by  the  central  authorities,  public 
authorities or other bodies in accordance with Article 41 or by the persons they have 
designated shall be free of charge.  

At  the  request  of  a  central  authority,  a  creditor  shall  contribute  to  the  costs  of 
representation  in  accordance  with  Article 41  (2).  However,  no  contribution  may  be 
required from a creditor who, in the Member State in which he or she is habitually 
resident, fulfils the conditions to benefit from legal aid. 

5. 

Each central authority shall bear its own costs.  

Article 43 

Meetings  

1. 

2. 

1. 

In order to facilitate the application of this Regulation, central authorities shall meet 
regularly.  

These  meetings  shall  be  convened  in  compliance  with  Decision  N°  2001/470/EC 
establishing a European Judicial Network in civil and commercial matters.  

Article 44 

Access to information  

The  central  authorities  shall  give  access  to  the  information  which  can  facilitate  the 
recovery of maintenance claims under the conditions laid down in this Chapter. This 
information is provided in order to achieve the following objectives:  

a) 

b) 

to locate the debtor; 

to evaluate the debtor’s assets, in particular the amount and the nature of his or 
her income;  

c) 

to identify the debtor’s employer;  

d) 

to identify the bank accounts of the debtor. 

2. 

The information referred to in paragraph 1 shall include at least the information held 
by the administrations and authorities which are responsible in the Member States for 
the following areas:  

a) taxes and duties,  

b) social security, including the social security contributions of employers,  

c) population registers,  

d) land registers,  

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e) registration of the motor vehicles,  

f) central banks. 

3. 

Access to the information referred to in this Article shall in no circumstances entail 
the creation of new records in a Member State. 

Article 45 

Transmission of information 

1. 

2. 

3. 

4. 

5. 

6. 

A creditor may seise the central authority of the Member State in which he or she is 
habitually  resident  through  the  court  for  the  place  where  he  or  she  is  habitually 
resident; that court shall send the application of the creditor if it considers that this 
request is consistent with the conditions laid down in this Chapter. 

An  application  for  the  transmission  of  information  shall  be  submitted  by  a  central 
authority  to  another  central  authority  using  the  standard  form  in  Annex  V  to  this 
Regulation. 

An  application  to  obtain  information  referred  to  in  Article  44  (1)  (a)  may  be 
introduced at any time. An application to obtain the information referred to in Article 
44  (1)  (b),  (c)  or  (d)  may  be  introduced  when  the  creditor  is  able  to  produce  an 
extract of a decision pursuant to Article 28 or an extract of an act pursuant to Article 
38 (1).  

In addition to the form referred to in paragraph 1, the requested central authority may 
ask  the  requesting  central  authority  to  provide  for  supplementary  documents  to  be 
able to achieve either of the objectives referred to in Article 44 (1).  

A translation of the supplementary documents shall be produced unless the requested 
Member  State  dispenses  with  this  requirement.  Member  States  shall  inform  the 
Commission, at the latest six months after the entry into force of this Regulation, of 
their decision to require translations under this paragraph or not.  

The Commission shall make this information publicly available.  

If  the  application  for  the  transmission  of  information  is  made  at  the  initiative  of  a 
creditor having benefited from complete or partial legal aid, the translation shall be 
provided for by the requesting authority, free of charge for the creditor.  

Information  shall  be  communicated  by  the  requested  authorities  to  the  requesting 
authorities.  If  the  requested  authority  is  not  able  to  provide  information,  it  shall 
inform  without  delay  the  requesting  authority,  by  specifying  the  grounds  for  this 
impossibility.  

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Article 46 

Use of information 

1. 

2. 

3. 

The requesting central authority having received information shall transmit it without 
delay  to  the  court  which  has  forwarded  the  application  under  Article  45  (1).  The 
requesting central authority shall erase such information after having forwarded it to 
the court. 

Information transmitted in accordance with this Regulation may be utilised only by a 
court  and  only  to  facilitate  the  recovery  of  maintenance  claims.  However,  a  court 
may  send  this  information,  without  disclosing  it  to  the  creditor,  to  the  competent 
authorities in charge of the service of documents or to the competent authorities in 
charge  of  the  enforcement  of  a  decision.  This  information  shall  be  erased  by  those 
authorities as soon as they have made use of it. 

A court shall not store information communicated in accordance with this Regulation 
for a longer period than the one necessary to facilitate the recovery of a maintenance 
claim. This period shall not exceed one year. 

Article 47 

Information to the debtor 

The requested central authority shall notify the debtor: 

a) 

of  the  information  which  has  been  transmitted  and  the  manner  in  which  that 
information was obtained; 

b) 

of the identity of the addressees of that information; 

c) 

d) 

e) 

of the conditions under which that information may be utilized in accordance 
with this Regulation; 

of  the  rights  and  remedies  of  the  debtor  in  accordance  with  national  law 
implemented in application of the Directive 95/46/EC; 

of  the  contact  details  of  the  supervisory  authority  set  up  in  application  of  the 
Directive 95/46/EC, in the Member State of the requesting central authority as 
well as in the Member State of the requested central authority; 

unless the requesting central authority has indicated in the application for the transmission of 
information  submitted  in  accordance  with  Article  45  (2)  that  this  notification  of  the  debtor 
might prejudice the effective recovery of a maintenance claim; in such a case, the requested 
central  authority  shall  postpone  the  notification  of  the  debtor  for  a  period  which  cannot 
exceed 60 days. 

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Chapter IX 

General and final provisions 

Article 48 

Relations with other Community instruments 

1. 

2. 

3. 

In  matters  relating  to  maintenance  obligations,  this  Regulation  shall  replace 
Regulation (EC) n° 44/2001 and Regulation (EC) n° 805/2004. 

Article  19  of  Regulation  (EC)  n°  1348/2000  shall  not  apply  in  matters  relating  to 
maintenance obligations. 

Subject to paragraph 2, this Regulation shall not affect the application of Regulation 
(EC) n° 1348/2000 and of Regulation (EC) n° 1206/2001. 

Article 49 

Relations with other instruments 

This  Regulation  shall,  in  relations  between  Member  States,  take  precedent  over  the 
conventions  and  treaties  which  concern  matters  governed  by  this  Regulation  and  to  which 
Member States are parties.  

Article 50 

Amendments to the Annexes  

Any  amendment  to  the  Annexes  of  this  Regulation  shall  be  adopted  in  accordance  with  the 
consultative procedure set out in Article 51 (2).  

Article 51 

Committee 

1. 

2. 

The  Commission  shall  be  assisted  by  a  committee,  composed  of  representatives  of 
the Member States and chaired by the representatives of the Commission.  

Where  reference  is  made  to  this  paragraph,  the  advisory  procedure  laid  down  in 
Articles  3  of  Decision  1999/468/EC  shall  apply,  in  compliance  with  Article  7  (3) 
thereof.  

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Article 52 

Transitional provision  

1. 

The  provisions  of  this  Regulation  shall  only  apply  to  proceedings  instituted,  to 
documents  formally  drawn  up  or  registered  as  authentic  instruments  and  to 
agreements concluded after its entry into application.  

2. 

However: 

a)  Articles 12 to 21 on applicable law shall apply to proceedings  pending at  the 
date of the entry into application of this Regulation if all the parties so agree 
expressly or otherwise in an unequivocal manner; 

b)  Articles  27  to  36  on  enforcement  shall  apply  to  decisions  and  authentic 
instruments  which  have  been  declared  enforceable  in  accordance  with 
Regulation  (EC)  n°  44/2001  or  which  have  been  certified  as  European 
Enforcement  Orders  in  accordance  with  Regulation  (EC)  n°  805/2004  by  the 
date of the entry into application of this Regulation; 

c)  Articles 39 to 47 on cooperation shall apply to proceedings pending at the date 

of the entry into application of this Regulation. 

Article 53 

Entry into force 

1. 

2. 

This Regulation shall enter into force on 1 January 2008.  

This Regulation shall apply from 1 January 2009, with the exception of Articles 22 
(3), 39 and 45 (5) which shall apply from the entry into force.  

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

ANNEX I 

EXTRACT OF A MAINTENANCE DECISION 

(Article 28 of the Council Regulation… on jurisdiction, applicable law, recognition and 
enforcement of decisions and cooperation in matters relating to maintenance obligations25)  

1. Member State 

AT □ BE □ CY □ CZ □ DE □ EE □ EL □ ES □ FI □ FR □ HU □ [IE □] IT □ LT □ LU □ LV □ 
MT □ NL □ PL □ PT □ SE □ SI □ SK □ [UK □] 

2. Court  

2.1. Name:  

2.2. Street and number/PO box:  

2.3. Place and postal code:  

3. Applicant  

3.1. Name:  

3.2. Street and number/PO box:  

3.3. Place and postal code:  

3.4. Country:  

3.5. Tel. (*):  

3.6. E-mail (*):  

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4. Defendant  

4.1. Name:  

4.2. Street and number/PO box:  

4.3. Place and postal code:  

4.4. Country:  

4.5. Tel. (*):  

4.6. E-mail (*):  

(*) Optional item. 

5. Decision  

5.1. Amount of maintenance: 

Currency: □ Euro □ [ Pound Sterling ] □ Cypriot Pound □ Czech Koruna 

□ Estonian Kroon □ Hungarian Forint □ Maltese Lira □ Latvian Lats  

□ Lithuanian Litas □ Slovak Koruna □ Swedish Crown □ Slovenian Tolar  

□ Polish Zloty □ Other (please specify): ..................................  

5.2. Periodicity of payments 

5.2.1. Amount to be entirely paid in one sum  ……………….(cid:133) 

5.2.2. Amount to be partially paid in one sum ……………...(cid:133) 

In this case, please indicate the amount to be paid in one sum:  

5.2.3. Amount to be paid periodically (specify the amount if it is not identical with the amount of 
maintenance given under item 5.1.):  

Once a week …………………………………………………(cid:133) 

Once a month ………………………………………………..(cid:133) 

Other (to be specified) ……………………………………....(cid:133) 

5.3. Indexation 

If the amount given under item 5.2.3 is subject to indexation, please indicate the rate:  

Indexation applicable as from:  

Date: 

Signature and/or stamp of the competent authority: 

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ANNEX II  

EXTRACT OF AN ACT IN MATTERS RELATED TO MAINTENANCE 

(Article 38 of the Council Regulation… on jurisdiction, applicable law, recognition and 
enforcement of decisions and cooperation in matters relating to maintenance obligations26)  

1. Member State 

AT □ BE □ CY □ CZ □ DE □ EE □ EL □ ES □ FI □ FR □ HU □ [IE □] IT □ LT □ LU □ LV □ 
MT □ NL □ PL □ PT □ SE □ SI □ SK □ [UK □] 

2. Nature of the act  

2.1. Authentic instrument…………………………….□  

Drawn up by (function and seat):  

Date:  

2.2. Agreement between parties…………………..…□  

Concluded at (place):  

Date:  

3. Creditor  

3.1. Name:  

3.2. Street and number/PO box:  

3.3. Place and postal code:  

3.4. Country:  

3.5. Tel.(*):  

3.6. E-mail (*):  

(*) Optional item 

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4. Debtor  

4.1. Name:  

4.2. Street and number/PO box:  

4.3. Place and postal code:  

4.4. Country:  

4.5. Tel. (*):  

4.6. E-mail (*):  

(*) Optional item. 

5. Contents of the act  

5.1. Amount of maintenance: 

Currency: □ Euro □ [ Pound Sterling ] □ Cypriot Pound □ Czech Koruna 

□ Estonian Kroon □ Hungarian Forint □ Maltese Lira □ Latvian Lats  

□ Lithuanian Litas □ Slovak Koruna □ Swedish Crown □ Slovenian Tolar  

□ Polish Zloty □ Other (please specify): ..................................  

5.2. Periodicity of payments  

5.2.1. Amount to be entirely paid in one sum  ………..(cid:133) 

5.2.2. Amount to be partially paid in one sum ……………(cid:133) 

In this case, please indicate the amount to be paid in one sum:  

5.2.3. Amount to be paid periodically (specify the amount if it is not identical with the amount of 
maintenance given under item 5.1.):  

Once per week …………………………………………(cid:133) 

Once a month ………………………………………….(cid:133) 

Other (to be specified) …………………………………(cid:133) 

5.3. Indexation 

If the amount given under item 5.2.3 is subject to indexation, please indicate the rate:  

Indexation applicable as from:  

Date: 

Signature and/or stamp of the competent authority: 

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ANNEX III  

ORDER FOR MONTHLY DIRECT PAYMENT 

(Article 34 of the Council Regulation… on jurisdiction, applicable law, recognition and 
enforcement of decisions and cooperation in matters relating to maintenance obligations27)  

1. Member State 

AT □ BE □ CY □ CZ □ DE □ EE □ EL □ ES □ FI □ FR □ HU □ [IE □] IT □ LT □ LU □ LV □ 
MT □ NL □ PL □ PT □ SE □ SI □ SK □ [UK □] 

2. Court  

2.1. Name:  

2.2. Street and number/PO box:  

2.3. Place and postal code:  

3. Applicant  

3.1. Name:  

3.2. Street and number/PO box:  

3.3. Place and postal code:  

3.4. Country:  

3.5. Tel. (*):  

3.6. E-mail (*):  

3.7. Banking details:  

International Banking Account Number (IBAN): 

Bank Identification Code (BIC):  

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4. Debtor 

4.1. Name:  

4.2. Street and number/PO box:  

4.3. Place and postal code:  

4.4. Country:  

4.5. Tel. (*):  

4.6. E-mail (*):  

(*) Optional item. 

5. Request  

5.1. Date of the decision which established the amount of maintenance:  

5.2. Amount to be paid monthly: 

Currency □ Euro □ [ Pound Sterling ] □ Cypriot Pound □ Czech Koruna 

□ Estonian Kroon □ Hungarian Forint □ Maltese Lira □ Latvian Lats  

□ Lithuanian Litas □ Slovak Koruna □ Swedish Crown □ Slovenian Tolar  

□ Polish Zloty □ Other (please specify): ..................................  

5.3. Indexation  

If the amount given under the item 5.2 is subject to indexation, please indicate the rate:  

Indexation applicable as from:  

5.4. Addressee  

5.4.1. Debtor’s bank:  

International Banking Account Number (IBAN):  

Bank Identification Code (BIC):  

5.4.2. Debtor’s employer:  

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6. Order  

(cid:133) The request was rejected.  

(cid:133) Order is given to:  

(Addressee under the item 5.4)  

to deduct every month (cid:133)from wage (cid:133)from the bank account of:  

(Debtor as mentioned in item 4)  

the amount of:  

(Amount as determined in item 5.2)  

to the benefit of:  

(Applicant as mentioned in item 3).  

If  you  are  unable  to  proceed  with  the  direct  payments,  you  shall  inform  the  court 
mentioned in item 2 within 30 days at the latest from the acknowledgment of receipt of 
this document or from the last direct payment carried out (Article 33 (5) of the Council 
Regulation…  on  jurisdiction,  applicable  law,  recognition  and  enforcement  of  decisions  and 
cooperation in matters relating to maintenance obligations).  

Date: 

Signature and/or stamp of the competent authority: 

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ANNEX III a  

INFORMATION NOTE OF THE DEBTOR AGAINST WHICH  
AN ORDER FOR MONTHLY DIRECT PAYMENT WAS ISSUED 

(Article 34 (4)(b) of the Council Regulation … on jurisdiction, applicable law, recognition 
and enforcement of decisions and cooperation in matters relating to maintenance obligations28 

1. Possibility of Review  

An order for monthly direct payment was issued against you. This order and the decision of 
the court of origin have been served to you together with this information note.  

You are entitled to ask for the review of the decision of the court of origin if you did not enter 
an appearance before that court and:  

a)  if  you  have  not  received  the  document  instituting  the  proceedings  or  an  equivalent 
document, or  

b)  if  you  were  prevented  from  contesting  the  maintenance  claim  by  reason  of  force 
majeure, or due to extraordinary circumstances without any fault on your part.  

This right to ask for the review may be exercised within............... days from the day of receipt 
of this information note.  

2. Enforcement 

If you are not entitled to ask for the review of the decision of the court of origin under item 1 
or do not want to do so, and you oppose the enforcement of this decision, you may decide to 
apply  under  Article  33  of  the  Council  Regulation  …  on  jurisdiction,  applicable  law, 
recognition and enforcement of decisions and cooperation in matters relating to maintenance 
obligations to the competent authorities of the State in which the enforcement takes place.  

Date:  

Signature and/or stamp:  

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ANNEX IV  

ORDER FOR TEMPORARY FREEZING OF A BANK ACCOUNT 

(Article 35 (1) of the Council Regulation… on jurisdiction, applicable law, recognition and 
enforcement of decisions and cooperation in matters relating to maintenance obligations29)  

1. Member State 

AT □ BE □ CY □ CZ □ DE □ EE □ EL □ ES □ FI □ FR □ HU □ [IE □] IT □ LT □ LU □ LV □ 
MT □ NL □ PL □ PT □ SE □ SI □ SK □ [UK □] 

2. Court  

2.1. Name:  

2.2. Street and number/PO box:  

2.3. Place and postal code:  

3. Applicant  

3.1. Name:  

3.2. Street and number/PO box:  

3.3. Place and postal code:  

3.4. Country:  

3.5. Tel. (*):  

3.6. E-mail (*):  

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4. Debtor 

4.1. Name:  

4.2. Street and number/PO box:  

4.3. Place and postal code:  

4.4. Country:  

4.5. Tel. (*):  

4.6. E-mail (*):  

(*) Optional item. 

5. Request  

5.1.  Justification  of  the  request  (explain  the  serious  risks  of  non  execution  by  the 
debtor):  

5.2. Amount to be frozen:  

Currency □ Euro □ [ Pound Sterling ] □ Cypriot Pound □ Czech Koruna 

□ Estonian Kroon □ Hungarian Forint □ Maltese Lira □ Latvian Lats  

□ Lithuanian Litas □ Slovak Koruna □ Swedish Crown □ Slovenian Tolar  

□ Polish Zloty □ Other (please specify): ..................................  

5.3 Addressee (debtor’s bank)  

5.3.1. Bank:  

5.3.2. International Banking Account Number (IBAN) :  

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6. Order  

(cid:133) The request was rejected.  

(cid:133) Order is given to:  

(Addressee given under item 5.3)  

to prohibit on the bank account of:  

(Debtor as mentioned in item 4)  

any movement which would render impossible the payment by its holder of the amount 
of:  

(Amount as determined in item 5.2)  

Date: 

Signature and/or stamp:  

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ANNEX V  

APPLICATION FOR THE TRANSMISSION OF INFORMATION 

(Article 45 of the Council Regulation… on jurisdiction, applicable law, recognition and 
enforcement of decisions and cooperation in matters relating to maintenance obligations30)  

1. Member State 

AT □ BE □ CY □ CZ □ DE □ EE □ EL □ ES □ FI □ FR □ HU □ [IE □] IT □ LT □ LU □ LV □ 
MT □ NL □ PL □ PT □ SE □ SI □ SK □ [UK □] 

2. Applicant  

2.1. Requesting Central Authority  

2.1.1. Name:  

2.1.2. Street and number/PO box:  

2.1.3. Place and postal code:  

2.1.4. Tel.:  

2.1.5. E-mail:  

2.2. Acting at the request of the following court:  

2.2.1. Name:  

2.2.2. Street and number/PO box:  

2.2.3. Place and postal code:  

2.2.4. Tel.:  

2.2.5. E-mail address: 

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3. Addressee - Requested Central Authority 

3.1. Name:  

3.2. Street and number/PO box:  

3.3. Place and postal code:  

3.4. Country:  

3.5. Tel.:  

3.6. E-mail:  

4. Requested information 

4.1. Debtor concerned  

4.1.1. Name:  

4.1.2. Last known address:  

4.1.3. Other useful information (description, previous employer, address of family members, 
debtor’s vehicle, debtor’s real estate)  

Photography annexed……......................................................(cid:133) 

4.2. Requested data  

4.2.1. Debtor’s address……………………………………..(cid:133) 

4.2.2. Debtor’s employer …………………………………...(cid:133) 

4.2.3. Details of a debtor’s bank account……………………(cid:133) 

4.2.4. Evaluation of the debtor’s assets ……………………..(cid:133) 

4.2.5. Amount of debtor’s incomes …………………………(cid:133) 

5.  Documents  required  for  the  information  mentioned  in  items  4.2.2  to  4.2.5  (copy 
enclosed)  

5.1. Decision ……………………………………………….(cid:133) 

5.2. Authentic instrument…………………….........................(cid:133) 

5.3. Agreement between parties …………………………….(cid:133) 

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IMPORTANT  (Article  47  of  the  Council  Regulation…  on  jurisdiction,  applicable  law, 
recognition and enforcement of decisions and cooperation in matters relating to maintenance 
obligations):  

The debtor must not be informed of the transmission of data before the requesting 
Central Authority reports to the requested Central Authority (cid:133) 

The debtor can be informed of the transmission of data ………..(cid:133) 

Date: 

Signature and/or stamp of the competent authority:  

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