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The Maintenance Regulation (EC) No 4/2009, formally the Council Regulation (EC) on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, is a European Union Regulation on conflict of law issues regarding maintenance obligations (e.g. alimony and child maintenance). The regulation governs which courts have jurisdiction and which law it should apply. It further governs the recognition and enforcement of decisions. The regulation amends the Brussels Regulation, which covers jurisdiction in legal disputes of a civil or commercial nature between individuals more broadly.

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  • Maintenance regulation (en)
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  • The Maintenance Regulation (EC) No 4/2009, formally the Council Regulation (EC) on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, is a European Union Regulation on conflict of law issues regarding maintenance obligations (e.g. alimony and child maintenance). The regulation governs which courts have jurisdiction and which law it should apply. It further governs the recognition and enforcement of decisions. The regulation amends the Brussels Regulation, which covers jurisdiction in legal disputes of a civil or commercial nature between individuals more broadly. (en)
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  • all EU Member States (en)
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  • No 4/2009 (en)
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  • Current (en)
title
  • Council Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (en)
type
  • Regulation (en)
has abstract
  • The Maintenance Regulation (EC) No 4/2009, formally the Council Regulation (EC) on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, is a European Union Regulation on conflict of law issues regarding maintenance obligations (e.g. alimony and child maintenance). The regulation governs which courts have jurisdiction and which law it should apply. It further governs the recognition and enforcement of decisions. The regulation amends the Brussels Regulation, which covers jurisdiction in legal disputes of a civil or commercial nature between individuals more broadly. The content of the regulation is strongly aligned with the Hague Maintenance convention and the Hague Maintenance Protocol of 2007. The member states of the European Union originally conclude a convention amongst themselves on maintenance payments, which was signed on 11 June 1990 but never entered into force as it was not ratified by all EU member states. The substance of this convention was replaced by the regulation, which originally applied directly to all member states except the United Kingdom and Denmark. The UK subsequently accepted the regulation, and was approved to participate by the Commission in June 2009. It applied to the UK until 1 January 2021 (the end of the transition period, following Brexit). Denmark has a full opt-out from implementing regulations under the area of freedom, security and justice. However, in 2005 Denmark signed an international agreement with the European Community to apply the provisions of the 2001 Brussels Regulation between the EU and Denmark. Denmark notified the Commission of its acceptance of the amendments to the Brussels Regulation made by the Maintenance regulation in January 2009. As such, it partially applies the maintenance regulation, in so far as it amends the Brussels regulation on jurisdiction. (en)
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  • Article 61 and Article 67 TEC (en)
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