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Council Regulation (EC) No 4/2009Show full title
Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations
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- Revised 31/12/20180.79 MB
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- Revised 30/01/20090.73 MB
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Article 44Right to legal aid
1.Parties who are involved in a dispute covered by this Regulation shall have effective access to justice in another Member State, including enforcement and appeal or review procedures, in accordance with the conditions laid down in this Chapter.
In cases covered by Chapter VII, effective access to justice shall be provided by the requested Member State to any applicant who is resident in the requesting Member State.
2.To ensure such effective access, Member States shall provide legal aid in accordance with this Chapter, unless paragraph 3 applies.
3.In cases covered by Chapter VII, a Member State shall not be obliged to provide legal aid if and to the extent that the procedures of that Member State enable the parties to make the case without the need for legal aid, and the Central Authority provides such services as are necessary free of charge.
4.Entitlements to legal aid shall not be less than those available in equivalent domestic cases.
5.No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in proceedings concerning maintenance obligations.
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