Reg. (EC) 4/2009 - New European discipline for maintenance obligations - 23.06.2011

Among the most interesting facets of the Regulation, surely worthy of attention are those concerning: the equal treatment ensured to all the creditors (independently on the fact that the maintenance obligation arises from a family relationship, parentage, marriage or affinity); the automatic recognition and the provisional enforceability in the EU area of the decisions issued by different Member States; the facilitation for the parties to access to justice, being provided for a special legal aid scheme; the designation by the Member States of a Central Authority having specific functions as, for example, the coordination with central authorities of other Member States; the support for the parties of litigations; the research and the location of creditors and debtors of maintenance obligations. The Regulation shall be considered jointly with the 2007 Hague Protocol – to whom it expressly refers by its art. 15 – which properly relates to the determination of the law applicable to the maintenance obligations.