Competencia judicial internacional en el proceso de ejecución de sentencia extranjera sobre obligación alimenticiaSentencia del Tribunal de Justicia de 4 de junio de 2020, asunto C 41/19: FX (Oposición a la ejecución de un crédito de alimentos)

Resumo

According to the ECJ, the Council Regulation (EC) N.o 4/2009 (maintenance obligations) is to be interpreted as meaning that an application opposing enforcement brought by the maintenance debtor against enforcement of a decision given by a court of the Member State of origin and which established that debt, which has a close link with the procedure for enforcement, falls within its scope and is within the international jurisdiction of the courts of the Member State of enforcement.The ECJ judgement seems to be too obvious and invites the author to look for something more radical under its surface. This comment agrees with the ECJ as to the main proceedings, but the international jurisdiction for an application opposing enforcement of a foreign judgement may not be so obvious in all cases.