EUPillar A. v I. - Bruxelles, 19 March 2012

Summary

In 2008 the defendant brought summary proceedings before the president of the Court of First Instance of Brussels for maintenance for her two daughters. After a failed attempt at conciliation before the judge, the defendant sued the appellant before the Court of First Instance. The first judge ordered the appellant to pay maintenance in the amount of 75 EUR per month per child from 12 November 2008 onwards. The defendant has Italian nationality. The Court must examine its jurisdiction in this matter. The first judge had referred to Art. 74 of the Belgian Code on Private International Law. The Court of Appeal corrects this and refers to the Brussels I Regulation, which is applicable to maintenance obligations for proceedings initiated before 18 June 2011. The parties are both domiciled in Belgium. Therefore, the Belgian courts have jurisdiction by virtue of the general rule of jurisdiction (Art. 2) as well as the rule of special jurisdiction of Art. 5(2). The applicable law is Belgian law by virtue of Art. 74 of the Belgian Code on Private International Law. Short critique The court correctly applies Brussels I.