MS v PS [2016] EWHC 88 (Fam) (21 January 2016)

MS v PS [2016] EWHC 88 (Fam) (21 January 2016)

Given the ambiguity between the Maintenance Regulation and the domestic implementing regulations (CJJMR 2011), and the need for certainty and uniformity in cross-border enforcement of maintenance orders, the court determined that the preliminary issue should be referred to the Court of Justice of the European Union...

Source-derived case information.

Citation
[2016] EWHC 88 (Fam)
Parties
Applicant: MS; Respondent: PS
Jurisdiction
England and Wales
Judgment Date
21 January 2016
Procedural Posture
Family Law – Cross Border Maintenance Enforcement / Preliminary Issue; Referral to Court of Justice of the European Union
Outcome
Preliminary issue referred to the Court of Justice of the European Union for determination.
Legal Topics
Enforcement of Foreign Maintenance Orders, Direct Enforcement Vs. Central Authority Procedure, Interpretation of Council Regulation (ec) No 4/2009, Compatibility of Domestic Implementing Regulations With EU Law
Family Law European Union Law Civil Procedure Enforcement of Foreign Maintenance Orders Direct Enforcement Vs. Central Authority Procedure Interpretation of Council Regulation (ec) No 4/2009 Compatibility of Domestic Implementing Regulations With EU Law

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Parties

MS

Applicant

PS

Respondent

Procedural Posture

Family Law – Cross Border Maintenance Enforcement / Preliminary Issue; Referral to Court of Justice of the European Union

Legal Issues

  1. 1 Whether a maintenance creditor can apply directly to the Family Court for enforcement of a foreign (EU) maintenance order under Council Regulation (EC) No 4/2009, or must apply via the Central Authority (REMO)
  2. 2 Whether domestic regulations (CJJMR 2011) are compatible with the Maintenance Regulation regarding direct enforcement

Ratio Decidendi

Given the ambiguity between the Maintenance Regulation and the domestic implementing regulations (CJJMR 2011), and the need for certainty and uniformity in cross-border enforcement of maintenance orders, the court determined that the preliminary issue should be referred to the Court of Justice of the European Union for an authoritative ruling on whether direct enforcement is required or whether routing through the Central Authority is permissible under EU law.

Court Disposition

Preliminary issue referred to the Court of Justice of the European Union for determination.

Orders

  • Referral of the agreed questions (as set out in the Annex) to the CJEU under Article 267 TFEU.
  • Request for expedited consideration by the CJEU due to the urgency and impact on the parties and children.