Obtaining Maintenance Under Council Regulation (EC) No 4/2009

ATTENTION! Text translated automatically from the Polish version.

Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations has been in force since June 18, 2011.

The courts having jurisdiction to hear maintenance obligation cases in Member States are:

  1. the court at the place of habitual residence of the defendant,
  2. the court at the place of habitual residence of the creditor,
  3. the court with jurisdiction to conduct proceedings relating to the status of a person, when the maintenance case is related to those proceedings (unless that jurisdiction results solely from the nationality of one of the parties), or
  4. the court with jurisdiction to conduct proceedings relating to parental responsibility, when the maintenance case is related to those proceedings (unless that jurisdiction results solely from the nationality of one of the parties).

When the debtor’s address is known – required documents:

  1. Application by the creditor to the President of the appropriate Regional Court to advance the case,
  2. Application (Form VI, Annex to the Regulation) – Part B completed and signed by the applicant; 1 copy in bilingual version or 2 copies in Polish and the official language of the debtor’s country,
  3. Copy of the ruling (judgment/order/settlement) in a form suitable for enforcement abroad,
  4. Extract from the ruling – prepared by the court that issued the ruling,
  5. Calculation of maintenance arrears (month by month and year by year),
  6. Abbreviated copy of the child’s birth certificate,
  7. Bank account information (IBAN, BIC),
  8. Certificate of continued education for children over 16 years of age,
  9. Power of attorney for the Receiving Agency (only if the debtor resides in France).

When the debtor’s address is not known:

It is possible to file a request to search for the debtor, containing their personal data, information about possible place of residence, occupation, assets, etc.

In proceedings for a declaration of enforceability in the Member State of enforcement, no court fees, charges or taxes calculated on the basis of the value of the dispute are levied.

Note regarding Denmark:

Currently, the provisions of Council Regulation (EC) No 4/2009 apply to Denmark in the same way as to other EU member states (Denmark is however not a party to the 2007 Hague Protocol).