A (Judgment) [2015] EUECJ C-184/14 (16 July 2015)

A (Judgment) [2015] EUECJ C-184/14 (16 July 2015)

Where two courts are seised, one with proceedings concerning the separation or dissolution of the marital link and the other with proceedings concerning parental responsibility for minor children, an application for maintenance in respect of those children is ancillary only to the proceedings concerning parental responsibility, within the meaning of Article 3(d) of Regulation No 4/2009.

Citation
[2015] EUECJ C-184/14
Parties
Applicant: A; Respondent: B
Jurisdiction
European Union
Judgment Date
16 July 2015
Procedural Posture
Preliminary Ruling / Reference From National Court to CJEU
Outcome
Preliminary ruling issued; Article 3(c) and (d) of Regulation No 4/2009 interpreted.
Legal Topics
Jurisdiction, Maintenance Obligations, Parental Responsibility, Legal Separation
European Union Law Private International Law Family Law Jurisdiction Maintenance Obligations Parental Responsibility Legal Separation

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Parties

A

Applicant

B

Respondent

Procedural Posture

Preliminary Ruling / Reference From National Court to CJEU

Legal Issues

  1. 1 Whether Article 3(c) and (d) of Regulation No 4/2009 allow both the court seised of legal separation and the court seised of parental responsibility to rule on child maintenance, or only the latter.

Ratio Decidendi

Where two courts are seised, one with proceedings concerning the separation or dissolution of the marital link and the other with proceedings concerning parental responsibility for minor children, an application for maintenance in respect of those children is ancillary only to the proceedings concerning parental responsibility, within the meaning of Article 3(d) of Regulation No 4/2009.

Court Disposition

Preliminary ruling issued; Article 3(c) and (d) of Regulation No 4/2009 interpreted.

Orders

  • Article 3(c) and (d) of Regulation No 4/2009 must be interpreted as meaning that, where a court of a Member State is seised of proceedings involving the separation or dissolution of a marital link between the parents of a minor child and a court of another Member State is seised of proceedings in matters of parental...