Law (2011:603) With Additional Provisions Applicable To The Eu's Maintenance Regulation And 2007 Hague Convention On Maintenance Obligations

Original Language Title: Lag (2011:603) med kompletterande bestämmelser till EU:s underhållsförordning och 2007 års Haagkonvention om underhållsskyldighet

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:603

Scope of application



section 1 of this Act supplements 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 (maintenance) and

The Hague Convention of 23 november 2007 on the international

recovery of maintenance for children and other family members

(2007 Hague Convention). Law (2012:451).



Reserve forum



2 § If there is Swedish jurisdiction according to the maintenance regulation

and other competent court is absent, the Stockholm District Court

competent.



Recognition and enforceability



§ 3 an application for a foreign key to be recognized

or declared enforceable under the maintenance regulation

or the 2007 Hague Convention is made to the District Court

the Government provides. Law (2014:933).



4 repealed by law (2014:933).



§ 5 the applicant to a foreign key shall

recognized or declared enforceable according to the 2007

Convention shall, together with the application, make the decision in

original or a copy of the decision which has been established by a

competent authority. In article 28(1)(a) of the maintenance regulation

There is the requirement that a copy of the decision shall be submitted.

Law (2012:451).



section 6, a decision granting an application for

Declaration of enforceability under the 2007 Hague Convention shall

served on the party against whom the statement is valid. Article 31(2) of

maintenance regulation are requirements on the service.

Law (2012:451).



section 7 an application for amendment of a decision on the occasion of a

application referred to in paragraph 3 is made to the District Court which has

announced the decision.



An application for amendment under the maintenance regulation made

of those who have applied for recognition or enforceability shall

be submitted to the District Court within four weeks from the date

When the decision was announced. In article 23(6) of the 2007

Convention has a provision on the time within which a

application for amendments to be made. Law (2014:933).



§ 8 in the Court of a case for recognition

or enforceability shall apply in all other respects the law

(1996:242) about court cases, subject to

maintenance regulation or the 2007 Hague Convention.

Law (2014:933).



Review



section 9 in the case of review under article 19 of the

maintenance thereof, shall apply the provisions of

specific remedies in judicial procedure, subject to

the maintenance regulation. Law (2012:451).



Enforcement



section 10 If a foreign key is enforceable without

need for a declaration of enforceability, or if an application

for a declaration of enforceability is upheld, the foreign

the decision enforced under the enforcement code as a

the equivalent Swedish decision. If there is no

equivalent to the foreign judgment, executed

judgment as a judgment.



The first subparagraph shall not apply if the subject

maintenance regulation or the 2007 Hague Convention.

Law (2012:451).



section 11 Of the district court approves an application for a

Declaration of enforceability under maintenance regulation

referred to in paragraph 3 of the decision of the District Court shall be deemed to include a

attachment order or if any other measure referred to in 15

Cape. the code of judicial procedure. Law (2014:933).



section 12 of the bailiff is the competent authority to determine

questions about the barriers to and suspension of enforcement under

Article 21 of the maintenance Ordinance. At the appeal of a

such a decision shall apply chapter 18. the enforcement code.

Law (2012:451).



Transitional provisions



2014:933



1. this law shall enter into force on 10 January 2015.



2. Older rules applicable to the processing in the Svea Court of appeal

and the Supreme Court cases that have commenced in the Court of appeal

before the entry into force.