Case number and/or case name
III RC 771/12 (SR w Kłodzku)
Details of the court
Poland, First Instance
Articles referred to by the court
Date of the judgement
11 February 2013
CJEU's case law cited by the court
Summary
The court decided to reject the action for the declaratory judgement that the maintenance obligation had ceased. It stated that it had no jurisdiction under the Maintenance Regulation because according to Article 3 thereof in matters relating to maintenance obligation, jurisdiction shall be with the court for the place where the defendant in habitually resident or with the court for the place where the creditor is habitually resident. It emphasised that the term habitual residence shall be interpreted autonomously. It pointed out that the term habitual residence shall mean the place of the child’s existence centre, the place of its life relationships. In this case the defendant (who was also a creditor) was habitually resident in the Netherlands. It follows that the Polish court had no jurisdiction under the Maintenance Regulation.