Which court decides maintenance if both parties live in different EU countries?

What the Law Says

The jurisdiction for maintenance obligations between individuals in cross-border EU cases is governed by Council Regulation (EC) No 4/2009 — known as the Maintenance Regulation.

This Regulation establishes uniform rules on jurisdiction, applicable law, recognition, and enforcement of decisions concerning maintenance obligations across EU Member States (except Denmark).

Under Article 3, the courts of the Member State where the creditor (the person claiming maintenance) is habitually resident have jurisdiction. This is the primary and most commonly applied rule.

Alternative grounds include jurisdiction where the debtor (the person ordered to pay) is habitually resident, or where the parties jointly reside — but the creditor’s habitual residence takes precedence when multiple options exist.

The Regulation also requires courts to stay proceedings if another EU court was first seised (i.e., first seized of the case), ensuring consistency and avoiding conflicting judgments.

Statutory Text

The courts of the Member State in which the creditor is habitually resident shall have jurisdiction.

— Regulation (EC) No 4/2009, Art. 3(a) — Jurisdiction

Sources