Although the evolution of European Union (EU) legislation has contributed to many advancements in terms of the cross-border application of court rulings, it is still often necessary for citizens to take action so that what has been decided by the justice system of one country is enforced in another according to EU law. As lawyers specializing in international law, we know that this often happens when there is a conflict in terms of family law rulings, as well as with measures linked to divorces with an international component.
EU legislation provides for specific regulation of such cases via Council Regulation (EC) No 2201/2003, concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility. This document establishes that any enforceable ruling in this scope issued by a Member State must be recognized by another Member State.
Thus, citing a common example, there is a clear mechanism for enforcing a ruling from any EU country that establishes child support if the parent required to pay it is residing in Spain and makes its payment an issue.
It is necessary to submit an application to the competent court in Spain to declare the pre-existing ruling enforceable pursuant to EU law. However, there is an exception for rulings issued in Denmark, which has provided for a simplified enforceability procedure.
ICN LEGAL’s experience with international family matters enables us to assist you in the event that you need to have an EU ruling enforced in Spain or vice versa.