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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Version Superseded: 31/12/2020
Point in time view as at 18/12/2008.
There are currently no known outstanding effects by UK legislation for Council Regulation (EC) No 4/2009, CHAPTER VIII.
1.For the purposes of an application for recognition and declaration of enforceability of decisions or for the purposes of enforcement of decisions, the term ‘creditor’ shall include a public body acting in place of an individual to whom maintenance is owed or one to which reimbursement is owed for benefits provided in place of maintenance.
2.The right of a public body to act in place of an individual to whom maintenance is owed or to seek reimbursement of benefits provided to the creditor in place of maintenance shall be governed by the law to which the body is subject.
3.A public body may seek recognition and a declaration of enforceability or claim enforcement of:
(a)a decision given against a debtor on the application of a public body which claims payment of benefits provided in place of maintenance;
(b)a decision given between a creditor and a debtor to the extent of the benefits provided to the creditor in place of maintenance.
4.The public body seeking recognition and a declaration of enforceability or claiming enforcement of a decision shall upon request provide any document necessary to establish its right under paragraph 2 and to establish that benefits have been provided to the creditor.
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