Reference for a preliminary ruling from High Court of Justice, Family Division (England and Wales) made on 23 May 2016 – M. S. v P. S.
(Case C-283/16)
Language of the case: English
Referring court
High Court of Justice, Family Division (England and Wales)
Parties to the main proceedings
Applicant: M. S.
Defendant: P. S.
Questions referred
In circumstances where a maintenance creditor wishes to enforce in one Member State an order which has been obtained in another Member State, does Chapter IV of EU Regulation 4/20091 (the Maintenance Regulation) confer upon her a right to make an application for enforcement directly to the competent authority of the requested state?
If the answer to (i) is in the affirmative, should Chapter IV of the Maintenance Regulations be interpreted so as to mean that each member state is obliged to provide a procedure or mechanism such as will enable the right to be recognised?
____________1 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
OJ L 7, p. 1