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SubscribeProtocol on the law applicable to maintenance obligations
Parties with reservations, declarations and objections
| Party | Reservations / Declarations | Objections |
|---|---|---|
| EU (European Union) | Yes | No |
| Georgia | Yes | No |
| Ukraine | Yes | No |
EU (European Union)
08-04-2010
The European Community declares, in accordance with Article 24 of the Protocol, that
it exercises competence over all the matters governed by the Protocol. Its Member
States shall be bound by the Protocol by virtue of its conclusion by the European
Community.
For the purpose of this declaration, the term "European Community" does not include
Denmark, by virtue of Articles 1 and 2 of the Protocol on the position of Denmark,
annexed to the Treaty on European Union and to the Treaty establishing the European
Community, and the United Kingdom, by virtue of Articles 1 and 2 of the Protocol on
the position of the United Kingdom and Ireland, annexed to the Treaty on European
Union and to the Treaty establishing the European Community.
The European Community declares that it will apply the rules of the Protocol provisionally
from 18 June 2011, the date of application of Council Regulation (EC) No 4/2009 of
18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions
and cooperation in matters relating to maintenance obligations1), if the Protocol
has not entered into force on that date in accordance with Article 25(1) thereof.
The European Community declares that it will apply the rules of the Protocol also
to maintenance claimed in one of its Member States relating to a period prior to the
entry into force or the provisional application of the Protocol in the Community in
situations where, under Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction,
applicable law, recognition and enforcement of decisions and cooperation in matters
relating to maintenance obligations2), proceedings are instituted, court settlements
are approved or concluded and authentic instruments are established as from 18 June
2011, the date of application of the said Regulation.
_________
1) OJ L 7, 10.1.2009, p. 1.
2) OJ L 7, 10.1.2009, p. 1.
Georgia
14-05-2024
Georgia declares that the application of the Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations in relation to Georgia's regions of Abkhazia and the Tskhinvali region / South Ossetia – occupied by the Russian Federation as a result of its illegal military aggression – shall commence once Georgia's de facto jurisdiction over the occupied territories is fully restored.
Ukraine
08-12-2023
[The aforementioned treaty is] implemented on the territory of Ukraine in full, with
the exception of the territories where hostilities are (were) conducted or temporarily
occupied by the Russian Federation, on which it is impossible to fully guarantee the
Ukrainian Party's fulfillment of its obligations under [this treaty] as a result of
the armed aggression of the Russian Federation against Ukraine, as well as the introduction
of martial law on the territory of Ukraine until the complete cessation of encroachment
on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted,
or temporarily occupied by the Russian Federation is at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text