Request for a preliminary ruling from the Amtsgericht Köln (Germany) lodged on 23 January 2019 — FX v GZ, represented for legal purposes by her mother
(Case C-41/19)
Language of the case: German
Referring court
Amtsgericht Köln
Parties to the main proceedings
Applicant: FX
Defendant: GZ, represented for legal purposes by her mother
Questions referred
Does an application opposing enforcement made pursuant to Paragraph 767 of the German Code of Civil Procedure (ZPO) against a foreign maintenance order constitute a matter relating to maintenance within the meaning 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 (the European Maintenance Regulation)? 1
If not, does an application opposing enforcement made pursuant to Paragraph 767 ZPO against a foreign maintenance order constitute proceedings concerned with the enforcement of judgments within the meaning of Article 24(5) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters? 2
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1 OJ 2009 L 7, p. 1.
2 OJ 2012 L 351, p. 1.