MS v PS

MS v PS

The ambiguity in UK domestic regulations as to whether direct enforcement is permitted under Chapter IV of the Maintenance Regulation or whether all applications must be routed through REMO requires authoritative determination. The matter is referred to the Court of Justice of the European Union to resolve whether the Maintenance Regulation confers a right to direct enforcement and whether Member States must provide a mechanism for such enforcement.

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, Council Regulation (ec) No 4/2009, Direct Vs Delegated Enforcement, Role of Central Authorities, Interpretation of Domestic Implementing Regulations
Family Law International Law European Union Law Enforcement of Foreign Maintenance Orders Council Regulation (ec) No 4/2009 Direct Vs Delegated Enforcement Role of Central Authorities Interpretation of Domestic Implementing Regulations

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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 in England for enforcement of an EU maintenance order or must apply via the Central Authority (REMO)
  2. 2 Compatibility of UK domestic regulations with the Maintenance Regulation (EC) No 4/2009

Ratio Decidendi

The ambiguity in UK domestic regulations as to whether direct enforcement is permitted under Chapter IV of the Maintenance Regulation or whether all applications must be routed through REMO requires authoritative determination. The matter is referred to the Court of Justice of the European Union to resolve whether the Maintenance Regulation confers a right to direct enforcement and whether Member States must provide a mechanism for such enforcement.

Court Disposition

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

Orders

  • Questions as drafted and agreed by counsel are referred to the Court of Justice of the European Union under Article 267 TFEU.