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

Article 51 Specific functions of Central Authorities

1. Central Authorities shall provide assistance in relation to applications under Article 56 and shall in particular:

(a) transmit and receive such applications;

(b) initiate or facilitate the institution of proceedings in respect of such applications.

2. In relation to such applications Central Authorities shall take all appropriate measures:

(a) where the circumstances require, to provide or facilitate the provision of legal aid;

(b) to help locate the debtor or the creditor, in particular pursuant to Articles 61, 62 and 63;

(c) to help obtain relevant information concerning the income and, if necessary, other financial circumstances of the debtor or creditor, including the location of assets, in particular pursuant to Articles 61, 62 and 63;

(d) to encourage amicable solutions with a view to obtaining voluntary payment of maintenance, where suitable by use of mediation, conciliation or similar processes;

(e) to facilitate the ongoing enforcement of maintenance decisions, including any arrears;

(f) to facilitate the collection and expeditious transfer of maintenance payments;

(g) to facilitate the obtaining of documentary or other evidence, without prejudice to Regulation (EC) No 1206/2001;

(h) to provide assistance in establishing parentage where necessary for the recovery of maintenance;

(i) to initiate or facilitate the institution of proceedings to obtain any necessary provisional measures which are territorial in nature and the purpose of which is to secure the outcome of a pending maintenance application;

(j) to facilitate the service of documents, without prejudice to Regulation (EC) No 1393/2007.

3. The functions of the Central Authority under this Article may, to the extent permitted under the law of the Member State concerned, be performed by public bodies, or other bodies subject to the supervision of the competent authorities of that Member State. The designation of any such public bodies or other bodies, as well as their contact details and the extent of their functions, shall be communicated by each Member State to the Commission in accordance with Article 71.

4. Nothing in this Article or in Article 53 shall impose an obligation on a Central Authority to exercise powers that can be exercised only by judicial authorities under the law of the requested Member State.