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Member States of the European Union

The EC Maintenance Regulation came into force on 18 June 2011 in order to simplify legal cooperation within the EU in cases of cross-border recovery of maintenance. The Regulation makes it easier for individuals entitled to maintenance to assert their claims throughout Europe. For this purpose, the EC Maintenance Regulation has established a comprehensive network of Central Authorities in order to support applicants. In Germany, the role of Central Authority is assumed by the Federal Office of Justice (Bundesamt für Justiz) in Bonn. The Federal Office of Justice does not charge any fees for its services.

One of the main changes which was brought about by the EC Maintenance Regulation was the abolition of exequatur for proceedings in almost all EU Member States (Art. 17 et seq. EC Maintenance Regulation). It was previously only possible to enforce a maintenance order in a foreign state once the order had been declared admissible for enforcement in the enforcing state. The regulation permits orders after 18 June 2011 to be enforced directly in almost all EU Member States without initiating any further enforcement proceedings. For orders issued prior to 18 June 2011 the declaration of enforceability procedure still needs to be carried out.

As a further novelty, the EC Maintenance Regulation provides that requests for specific measures to be taken in accordance with Art. 53 of the Maintenance Regulation may be addressed to the Central Authority. The specific measures serve to prepare the application or to provide applicants with the information needed to decide whether or not to make an application (for instance locating the respondent). For such requests the information asked for in Annex V to the EC Maintenance Regulation is required.

The EC Maintenance Regulation applies to maintenance obligations arising from a family relationship, parentage, marriage or affinity (in-law relationship). It is possible to demand that the maintenance claim be made legally enforceable (e. g. in the form of a court order), and then to enforce this order, as well as to bring about the recognition and subsequent enforcement of a decision which has already been issued. When child maintenance is claimed, judicial determination of paternity can take place as preliminary proceedings.

In terms of the steps involved in the procedure, a distinction is made between incoming and outgoing requests. Incoming requests are those which involve an applicant who has his/her habitual residence outside Germany and therefore the request is received from abroad, while in the case of outgoing requests the applicant has his/her habitual residence in the Federal Republic of Germany and his/her application is sent abroad. The applications available are listed in Art. 56 of the EC Maintenance Regulation. The relevant forms from the EC Maintenance Regulation which must be used for the applications can be retrieved from the European e-Justice Portal and completed electronically.

Outgoing requests

Applicants who have their habitual residence in the Federal Republic of Germany can lodge their applications in accordance with Art. 56 of the Maintenance Regulation by submitting a request to the Local Court with jurisdiction at the seat of the Higher Regional Court (Section 7 Foreign Maintenance Act). ). It is not possible for applications to be made directly to the Federal Office of Justice. Applicants have to complete the relevant forms from the EC Maintenance Regulation, enclose the necessary documents and the required translations and submit their application to the court with four copies (Section 9 Subsection 3 Foreign Maintenance Act).

Translation costs

In principle, the costs of the translations of the application and of the documents enclosed therewith are to be paid by the applicant. On request, the Local Court with jurisdiction under Section 7 Subsection 1 of the Foreign Maintenance Act will exempt the applicant from the duty to reimburse the costs of the translation arranged by the Federal Office of Justice if the applicant fulfils the personal and financial requirements for receiving legal aid which does not need to be paid back, even in instalments, unless the recipient’s financial circumstances change (Section 10 Subsection 3 of the Foreign Maintenance Act).

Incoming requests

Individuals entitled to maintenance whose habitual residence is in a Member State of the European Union can send an application pursuant to Article 56 of the EC Maintenance Regulation to the Federal Office of Justice via the competent Central Authority in their state of residence. If the application is complete, the Federal Office of Justice takes all appropriate steps to assert or enforce the maintenance claim. Before court proceedings are initiated, the Federal Office of Justice attempts to bring about maintenance payments on a voluntary basis. In accordance with Section 5 Subsection 5 of the Foreign Maintenance Act, the Federal Office of Justice as Central Authority is deemed to be authorised to act on behalf of the person entitled to maintenance.