Object's details: International Maintenance Law in Legal Relations between Switzerland and the EU

Provider:Akademicka Platforma Czasopism

Description

Title:
International Maintenance Law in Legal Relations between Switzerland and the EU
Creator:
Kren Kostkiewicz, Jolanta;
Eichenberger, Michaela
Description:
Three new instruments, which have only recently entered into force, have changed the field of international maintenance law: the 2007 Maintenance Convention (the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance), the 2007 Maintenance Protocol (Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations) and the EU Maintenance Regulation (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 (OJ [2009] L 7/1; EU Maintenance Regulation). Whereas the EU is bound by all of these instruments, Switzerland has not ratified nor acceded to the Hague instruments yet, nor have the provisions of the EU Maintenance Regulation been extended by means of a parallel instrument to cover Switzerland. This new legal situation raises questions regarding the applicability of these instruments in cross-border cases involving Switzerland and the EU. The key issue discussed in this essay is the question of jurisdiction in cross-border cases involving Switzerland and the EU Member States, and in particular how to disentangle the scope of the 2007 Lugano Convention from the scope of the EU Maintenance Regulation. As none of these instruments regulates its applicability explicitly, the answer to this question has to be found by interpreting the relevant provisions. The authors conclude that whenever there are proceedings pending before a Swiss court, the 2007 Lugano Convention applies, whereas the courts of an EU Member State have to assume jurisdiction exclusively according to the EU Maintenance Regulation. As a result, different provisions apply, which leads to a conflict of jurisdiction regarding choice of court agreements. If jurisdiction has been assumed by a court of an EU Member State, the applicable law is determined by the 2007 Maintenance Protocol, whereas in Switzerland, the 1973 Hague Maintenance Convention (the Hague Convention of 2 October 1973 on the Law Applicable to Maintenance Obligations) applies. Again, the different provisions enable forum shopping, with undesirable consequences.
Object availability:
free access
Rights:
Prawa autorskie (c) 2016 Comparative Law Review
Date:
2016.10.12
Type:
info:eu-repo/semantics/article;
info:eu-repo/semantics/publishedVersion
Language:
English
Source:
Comparative Law Review; Tom 20 (2015); 13-31;
Comparative Law Review; Vol. 20 (2015); 13-31;
2391-7644;
0866-9449
Format:
application/pdf
Publisher:
Uniwersytet Mikołaja Kopernika w Toruniu
Relation: https://apcz.umk.pl/CLR/article/view/CLR.2015.009/10107
Subject:
maintenance obligations;
Lugano Convention;
EU Maintenance Regulation;
conflict of jurisdiction;
forum shopping
Identifier: https://apcz.umk.pl/CLR/article/view/CLR.2015.009
Data provider:
Akademicka Platforma Czasopism

Similar objects

International Maintenance Law in Legal Relations between Switzerland and the EU

Creator:Kren Kostkiewicz, Jolanta | Eichenberger, Michaela

Date:2016.10.12

Type:text

Notarial preventive jurisdiction. Contradiction with the law as a criterion for refusal of performing a notarial transaction

Creator:Holocher, Justyna

Date:2017.03.31

Type:other

Jurisdiction and the law applicable to relations between parents and children in the Polish-Ukrainian relations

Creator:Pilich, Mateusz

Date:2022.11.10

Type:text

The Application of the Doctrine of Res Judicata in the Context of the African Court on Human and Peoples’ Rights: Analysis of the Court’s Decisions in the Gombert and Dexter Cases

Creator:Jamali, Ayyoub | Faix, Martin

Date:2021.12.22

Type:text

Teoria racjonalnego tworzenia prawa a ustawodawstwo z zakresu pomocy społecznej. Uwagi na tle ustalania właściwości miejscowej gminy w sprawach przyznawania świadczeń z zakresu pomocy społecznej na rzecz osób bezdomnych

Creator:Cendrowicz, Dominika

Type:other

Can I use it?:check license | seek permission

The competing jurisdictions of international courts and tribunals (Wrocław, 13-14 april 2011)

Creator:Krzan, Bartłomiej

Date:2011.12.31 | 2011

Type:other

The competing jurisdictions of international courts and tribunals (Wrocław, 13-14 april 2011)

Creator:Krzan, Bartłomiej

Date:2011.12.31 | 2011

Type:other

Insolvency Forum Shopping – What Can Be Learned from the ECJ and US Supreme Court Case Law on International Company Law and Insolvency Procedures?

Creator:Myszke-Nowakowska, Mirosława

Date:2017

Type:image

Federacja Bibliotek Cyfrowych

Object's details: International Maintenance Law in Legal Relations between Switzerland and the EU

Description

Similar objects