Council Regulation (EC) No 4/2009Show full title

Article 56 Available applications

1. A creditor seeking to recover maintenance under this Regulation may make applications for the following:

(a) recognition or recognition and declaration of enforceability of a decision;

(b) enforcement of a decision given or recognised in the requested Member State;

(c) establishment of a decision in the requested Member State where there is no existing decision, including where necessary the establishment of parentage;

(d) establishment of a decision in the requested Member State where the recognition and declaration of enforceability of a decision given in a State other than the requested Member State is not possible;

(e) modification of a decision given in the requested Member State;

(f) modification of a decision given in a State other than the requested Member State.

2. A debtor against whom there is an existing maintenance decision may make applications for the following:

(a) recognition of a decision leading to the suspension, or limiting the enforcement, of a previous decision in the requested Member State;

(b) modification of a decision given in the requested Member State;

(c) modification of a decision given in a State other than the requested Member State.

3. For applications under this Article, the assistance and representation referred to in Article 45(b) shall be provided by the Central Authority of the requested Member State directly or through public authorities or other bodies or persons.

4. Save as otherwise provided in this Regulation, the applications referred to in paragraphs 1 and 2 shall be determined under the law of the requested Member State and shall be subject to the rules of jurisdiction applicable in that Member State.