CELEX: 62018CA0468
Language: en
Date: 2019-09-05 00:00:00
Title: Case C-468/18: Judgment of the Court (Third Chamber) of 5 September 2019 (request for a preliminary ruling from the Judecătoria Constanța — Romania) — R v P (Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matters relating to maintenance obligations – Regulation (EC) No 4/2009 – Article 3(a) and (d) and Article 5 – Court seised of three joined claims concerning the divorce of the parents of a minor child, parental responsibility and the maintenance obligation with regard to that child – Court declaring that it has jurisdiction relating to the divorce and no jurisdiction relating to parental responsibility – Jurisdiction to entertain proceedings with regard to the claim concerning the maintenance obligation – Court for the place where the defendant is habitually resident and before which he has entered an appearance)

11.11.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 383/32
            
         
      Judgment of the Court (Third Chamber) of 5 September 2019 (request for a preliminary ruling from the Judecătoria Constanța — Romania) — R v P
      (Case C-468/18) (1)
      
      (Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction, recognition and enforcement of decisions in matters relating to maintenance obligations - Regulation (EC) No 4/2009 - Article 3(a) and (d) and Article 5 - Court seised of three joined claims concerning the divorce of the parents of a minor child, parental responsibility and the maintenance obligation with regard to that child - Court declaring that it has jurisdiction relating to the divorce and no jurisdiction relating to parental responsibility - Jurisdiction to entertain proceedings with regard to the claim concerning the maintenance obligation - Court for the place where the defendant is habitually resident and before which he has entered an appearance)
      (2019/C 383/34)
      Language of the case: Romanian
      
         Referring court
      
      Judecătoria Constanța
      
         Parties to the main proceedings
      
      Applicant: R
      Defendant: P
      
         Operative part of the judgment
      
      Article 3(a) and (d) and Article 5 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 must be interpreted as meaning that where there is an action before a court of a Member State which includes three claims concerning, respectively, the divorce of the parents of a minor child, parental responsibility in respect of that child and the maintenance obligation with regard to that child, the court ruling on the divorce, which has declared that it has no jurisdiction to rule on the claim concerning parental responsibility, nevertheless has jurisdiction to rule on the claim concerning the maintenance obligation with regard to that child where it is also the court for the place where the defendant is habitually resident or the court before which the defendant has entered an appearance, without contesting the jurisdiction of that court.
      
         (1)  OJ C 381, 22.10.2018.