Commission Opinion on the request from the United Kingdom to accept Regulation (EC) No 4/2009 of the Council of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations
Date: 2009-04-21
Institutions: European Commission
Subjects: EC opinion, divorce, family law, judicial cooperation in civil matters in the EU, maintenance obligation, parental responsibility

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 21.4.2009 
COM(2009) 181 final 

COMMISSION OPINION 

on the request from the United Kingdom to accept Regulation (EC) No 4/2009 of the 
Council of 18 December 2008 on jurisdiction, applicable law, recognition and 
enforcement of decisions and cooperation in matters relating to maintenance obligations 

EN 

   EN 

 
 
 
  
COMMISSION OPINION 

on the request from the United Kingdom to accept Regulation (EC) No 4/2009 of the 
Council of 18 December 2008 on jurisdiction, applicable law, recognition and 
enforcement of decisions and cooperation in matters relating to maintenance obligations 

1. 

1. 

2. 

3. 

4. 

INTRODUCTION 

On  18  December  2008,  the  Council  adopted  Regulation  (EC)  No  4/2009  on 
jurisdiction,  applicable 
law,  recognition  and  enforcement  of  decisions  and 
cooperation  in  matters  relating  to  maintenance  obligations  (hereafter  referred  to  as 
Regulation  4/2009)1.  Pursuant  to  Article  1  of  the  Protocol  on  the  position  of  the 
United Kingdom and Ireland, the United Kingdom did not participate in the adoption 
of the said Regulation. 

However,  by  virtue  of  Article  4  of  the  said  Protocol,  the  United  Kingdom  "may  at 
any time after the adoption of a measure by the Council pursuant to Title IV of the 
Treaty establishing the European Community notify its intention to the Council and 
to the Commission that it wishes to accept that measure. In that case, the procedure 
provided  for  in  Article  11(3)  of  the  Treaty  establishing  the  European  Community 
shall apply mutatis mutandis." 

By letter of 15 January 2009, received by the Commission on 17 January 2009, the 
United Kingdom notified the Commission that it wishes to accept Regulation 4/2009. 

In accordance with Article 11A of the Treaty establishing the European Community 
regarding enhanced cooperation, which also applies mutatis mutandis, the following 
procedure  applies:  "Any  Member  State  that  wishes  to  participate  in  enhanced 
cooperation established in accordance with Article 11 shall notify its intention to the 
Council and the Commission, which shall give an opinion to the Council within three 
months of the date of receipt of that notification. Within four months of the date of 
receipt of that notification, the Commission shall take a decision on it, and on such 
specific arrangements as it may deem necessary." 

5. 

In accordance with the terms of the said Article, the Commission gives the following 
opinion to the Council. 

2. 

OPINION 

The  Commission  welcomes  the  request  from  the  United  Kingdom  to  accept 
Regulation 4/2009 which is a central element of the Community acquis in the area of 
civil  justice.  It  therefore  gives  a  positive  opinion  on  the  said  participation.  The 
Commission points out that if the United Kingdom will be bound by the 2007 Hague 
Protocol on the law applicable to maintenance obligations following the conclusion 
by  the  Community  of  that  Protocol,  its  decisions  will  circulate  freely  in  the 
Community on the basis of Chapter IV, Section 1 of Regulation 4/2009. If the United 
Kingdom will not be bound by the said Protocol, its decisions will be subject to an 
exequatur procedure pursuant to Chapter IV, Section 2 of Regulation 4/2009. 

1 

OJ L 7 of 10 January 2009, p. 1. 

EN 

2 

   EN 

 
                                                 
.The  Regulation  should  enter  into  force  in  the  United  Kingdom  from  the  date  of 
notification to the United Kingdom of the Commission Decision on its request. As in 
the  case  of  the  other  Member  States,  Articles  2(2),  47(3),  71,  72  and  73  of  the 
Regulation  should  apply  from  18  September  2010.  The  other  provisions  of  the 
Regulation should apply from 18 June 2011, subject to the 2007 Hague Protocol on 
the law applicable to maintenance obligations being applicable in the Community by 
that  date.  Failing  that,  the  Regulation  should  apply  from  the  date  of  application  of 
that Protocol in the Community. 

EN 

3 

   EN