CELEX: 62019CA0540
Language: en
Date: 2020-09-17 00:00:00
Title: Case C-540/19: Judgment of the Court (Third Chamber) of 17 September 2020 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — WV v Landkreis Harburg (Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction in matters relating to maintenance obligations — Regulation (EC) No 4/2009 — Article 3(b) — Court for the place where the maintenance creditor is habitually resident — Action for recovery brought by a public body subrogated to the claims of a maintenance creditor)

7.12.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 423/10
            
         
      Judgment of the Court (Third Chamber) of 17 September 2020 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — WV v Landkreis Harburg
      (Case C-540/19) (1)
      
      (Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction in matters relating to maintenance obligations - Regulation (EC) No 4/2009 - Article 3(b) - Court for the place where the maintenance creditor is habitually resident - Action for recovery brought by a public body subrogated to the claims of a maintenance creditor)
      (2020/C 423/14)
      Language of the case: German
      
         Referring court
      
      Bundesgerichtshof
      
         Parties to the main proceedings
      
      
         Appellant: WV
      
         Respondent: Landkreis Harburg
      
         Operative part of the judgment
      
      A public body which seeks to recover, by way of an action for recovery, sums paid in place of maintenance to a maintenance creditor, and to which the claims of that maintenance creditor against the maintenance debtor have been transferred by way of subrogation, may validly invoke the jurisdiction of the court for the place where the creditor is habitually resident, as provided in Article 3(b) of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations.
      
         (1)  OJ C 348, 14.10.2019.