Summary
During the proceedings before the court of first instance, on the applicant’s application, the protective measure had been ordered. The guardian ad litem of the defendant challenged the decision of protective measures and stated that the court of first instance had no jurisdiction. This was because it was highly probable that the defendant had its habitual residence abroad, so the protective measures could not have been ordered . However, the appellate court disagreed with the court of first instance and stated that according to Article 14 of the Maintenance Regulation an application may be made to the courts of a Member State for such provisional, including protective, measures as may be available under the law of the State, even if, under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter.