April 19th, 2019
Published on June 17th, 2014 | by Maria Psarra0
Greek Courts rule on transitional provisions of Regulation (EC) 4/2009 – Declaration of enforceability of maintenance obligations
On 11 February 2014 and 11 March 2014 the Court of First Instance of Rhodes (Greece) rendered two decisions in cases concerning the declaration of enforceability of judgments concerning maintenance obligations. Specifically,
- Court of First Instance of Rhodes, decision 72, of 11 February 2014, and
- Court of First Instance of Rhodes, decision 98, of 11 March 2014.
The first concerned the declaration of enforceability, filed by a Public Social Insurance Institution of Finland on behalf of (-), of District Court judgment of the the city Lahti (Finland) issued in 1994 which ordered the respondent (father) to pay the sum of 606 Finnish marks (now 101,92 €), retrospectively from 1.1.1994 and advance every month until the adulthood of his son.
The second concerned the declaration of enforceability, filed by a mother who exercised parental responsibility on behalf of the children , of a Civil Law Court of the city of Amsterdam (Netherlands) issued in 2005 which ordered the respondent (father) to pay the sum of 105 euros in advance, which will be increased by the amount of any benefit that may be granted under applicable law or regulations for the minor children.
The Court of First Instance of Rhodes held that Regulation (EC)4/2009 is applicable in member states (except Denmark, see recital 48 of the said Regulation) since the 18th of June 2011. Moreover, Article 75 of the said Regulation provides that “Sections 2 and 3 of Chapter IV shall apply: (a) to decisions given in the Member States before the date of application of this Regulation for which recognition and the declaration of enforceability are requested after that date;…”. Thus, according to Sections 2 of the said Regulation the judgment of District Court of the city Lahti and the judgment of the Civil Law Court of the city of Amsterdam had to be declared enforceable pursuant to Article 26 et seq.
In the light of the above provisions it held in both cases that:
- the decision is enforceable in the State where it was issued, and
- the person against whom it was issued is (now) domiciled in Greece and, in particular, is a resident of Rhodes Island.
- the documents referred to in Article 28 of the said Regulation were presented to the Court,
Consequently it declared the judgments enforceable in Greece, without examining the grounds of refusal of recognition set out in Article 24 of the said Regulation. Moreover pursuant to Article 31 of the said Regulation it ordered the applicant to serve the judgment on the party against whom enforcement is sought, as specified in the operative part.
Both have been posted (in Greek) on the legal database “NOMOS”.