Conflict of Laws
  • About
  • Editorial board
  • Subscription
  • Submission
  • Materials
  • Contact
  • Click to open the search input field Click to open the search input field Search
  • Menu Menu

CJEU on jurisdiction to adjudicate on an application opposing enforcement of a maintenance decision: Case C-41/19, FX

June 6, 2020/in News/by Krzysztof Pacula
image_pdfimage_print

Before a court of a Member State of enforcement, a debtor lodges an application opposing enforcement of a maintenance decision given by a court of another Member State. The court of the Member State of enforcement asks the Court of Justice whether that application falls within the scope of the Maintenance Regulation or that of Brussels I bis Regulation and whether the jurisdiction to rule on the application lies with the courts of the Member State of enforcement.

In essence, these are the questions at stake in the case C-41/19, FX. Back in February, we reported on the Opinion of AG Bobek presented in this case.

In its Judgment of 4 June 2020, the Court follows its Advocate General to a large extent and considers that an application opposing enforcement, which has a close link with the procedure for enforcement, falls within the scope of the Maintenance Regulation and is within the international jurisdiction of the courts of the Member State of enforcement.

First, at paragraphs 31 to 33 of that Judgment, it is observed that the Maintenance Regulation is an instrument governing, inter alia, enforcement of decisions of the courts of the Member States in matters relating to maintenance obligations, these matters being excluded from the Brussels I bis Regulation pursuant to its Article 1(2)(e). As such, the Regulation covers the proceedings on enforcement of a maintenance decision.

Next, at paragraph 35, it is stated that when an application opposing enforcement is connected with an action seeking enforcement of a decision in matters relating to maintenance obligations, it falls within the scope of the Maintenance Regulation, just as that decision itself.

After that, at paragraphs 36 to 42, the Court tackles the question whether the courts of the Members State of enforcement have jurisdiction to rule on such application opposing enforcement. In contrast to the Brussels I bis Regulation and its Article 24(5), the Maintenance Regulation does not contain a provision explicitly concerning jurisdiction at the stage of enforcement. Nevertheless, the Court considers that a court of the Member State of enforcement has jurisdiction under the Maintenance Regulation to adjudicate on an application opposing enforcement where that application has a close link with the action for enforcement brought before it.

While both the Opinion and the Judgments seem to come to the conclusion that the Maintenance Regulation contains an implicit rule on jurisdiction at the stage of enforcement that is inherent in the system of that regulation (see point 43 of the Opinion; paragraphs 36 and 38 of the Judgment), the reasonings backing that conclusion seem to differ at least in some aspects.

At point 44 et seq. of his Opinion, AG Bobek argued mainly that a rule according to which international jurisdiction for enforcement belongs to the courts of the Member State where enforcement is sought is ‘an expression of what could be considered a general principle of international law connected with State sovereignty’. Therefore, according to the Advocate General, it is not necessary to have recourse to Article 24(5) of the Brussels I bis Regulation as a supplementary provision in order to be able to establish that the courts of the Member State of enforcement also have jurisdiction with regard to the enforcement of maintenance decisions within the scope of the Maintenance Regulation.

In its Judgment, the Court does not reproduce the aforementioned argument. At paragraphs 37 et seq., it rather infers an implicit rule on jurisdiction from the structure and objectives of the Maintenance Regulation. While doing so, it seems to rely on the idea that, jurisdiction-wise, the procedures closely linked to the enforcement, such as the opposition against it, should not be disconnected from the enforcement itself.

Finally, at paragraphs 44 et seq., the Judgment provides some guidance on interpreting the Maintenance Regulation which may be of assistance to the referring court in connection with a ground of opposition relating to the satisfaction of the debt.

Share this entry
  • Share on Facebook
  • Share on X
  • Share on WhatsApp
  • Share on Pinterest
  • Share on LinkedIn
  • Share on Tumblr
  • Share on Vk
  • Share on Reddit
  • Share by Mail
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png 0 0 Krzysztof Pacula https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png Krzysztof Pacula2020-06-06 17:42:372020-06-08 00:19:41CJEU on jurisdiction to adjudicate on an application opposing enforcement of a maintenance decision: Case C-41/19, FX

Categories

  • Views
  • News

Most Recent Posts

  • The Demise of the Lex Domicilii Matrimonii in South African Private International Law August 18, 2026
  • Support in cross-border transactions by Adults: Contract law vs capacity law August 12, 2026
  • Recognition of Italian Extrajudicial Divorces in Tunisia — Between Methodological Uncertainty and the Need to Preserve Continuity of Personal Status Across Borders August 9, 2026
  • Private International Law and European Society August 4, 2026
  • The New Zealand Supreme Court’s judgment in Kea Investments Ltd v Wikeley on anti-enforcement relief August 3, 2026
  • Beyond Domicile: The BHP Litigation and the Functional Interconnection of Public and Private International Law August 3, 2026
  • Conflicts of jurisdiction in Senegal: lesson from the Senegalese Supreme Court on Lis Pendens and the Exequatur of foreign judgments July 27, 2026
  • Adoption in the proposal for a European Parenthood Regulation July 21, 2026
  • Copyright, Targeting and Geo-Blocking: The CJEU Stirs the Pot July 15, 2026
  • A Follow-Up: The German Judges Association’s Response to the HCCH Draft Text of a Future Convention on Parallel Proceedings and Related Actions July 15, 2026
  • Private International Law Dimensions of Singapore’s New Legislation to Combat Online Harms July 14, 2026
  • The 1961 HCCH Apostille Convention: Why All African Countries Should Ratify It? — Insights from Judicial Practice in Africa July 14, 2026
  • The enforcement of an advance on costs for substitute performance at the expense of a Russian debtor in German-French legal relations July 2, 2026
  • “Yes, in principle, but not quite there yet…” – Some Observations on the Public Consultation on the HCCH Draft Text of a Future Convention on Parallel Proceedings and Related Actions June 29, 2026
  • Judgment Mobility Rules in India’s Private International Law Regime: No place for a revision au fond? June 26, 2026
Link to: Application of the Brussels I bis Regulation ratione materiae, interim relief measures and immunities: Opinion of AG Saugmandsgaard Øe in the case Supreme Site and Others, C-186/19 Link to: Application of the Brussels I bis Regulation ratione materiae, interim relief measures and immunities: Opinion of AG Saugmandsgaard Øe in the case Supreme Site and Others, C-186/19 Application of the Brussels I bis Regulation ratione materiae, interim relief... Link to: A few thoughts on the Guide to Good Practice on the grave-risk exception (Art. 13(1)(b)) under the Child Abduction Convention, through the lens of human rights (Part I) Link to: A few thoughts on the Guide to Good Practice on the grave-risk exception (Art. 13(1)(b)) under the Child Abduction Convention, through the lens of human rights (Part I) A few thoughts on the Guide to Good Practice on the grave-risk exception (Art....
Scroll to top Scroll to top Scroll to top