{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-516-24","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-516-24)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-10-18","fingerprint":"ewai:eu:c82715","proof":"sha256:4a28d9ae389b726baaedaae405d74cd5e4229a684ddca84c36f40340c8a3bf13","jurisdiction":"eu","lang":"en","publisher":"NovaCopilot by ExploreWorld Legal","terms":"https://legal.exploreworldai.com/om"},"brand_source":"Source: NovaCopilot","item":{"schema_version":"1.0.0","id":"eu:c-516-24","jurisdiction":"eu","lang":"en","brand_source":"Source: NovaCopilot","brand":{"product":"NovaCopilot","platform":"ExploreWorldAI","infrastructure":"ExploreWorld Legal","infrastructure_url":"legal.exploreworldai.com","legal_entity":"Valkiv Ventures AB","permanent_url":"https://legal.exploreworldai.com/novacopilot","source":"Source: NovaCopilot","powered_by":"Powered by NovaCopilot","license":"https://legal.exploreworldai.com/licensvillkor"},"sections":[{"title":"Front matter","paragraphs":["para_1","para_2","para_3","para_4","para_5","para_6","para_7","para_8","para_9","para_10","para_11","para_12","para_13","para_14","para_15","para_16","para_17","para_18","para_19","para_20","para_21","para_22","para_23","para_24","para_25","para_26","para_27"],"kind":"front_matter"},{"title":"Judgment","paragraphs":["para_28","para_29","para_30","para_31","para_32"],"kind":"assessment"},{"title":"Legal context","paragraphs":["para_33"],"kind":"legal_framework"},{"title":"Lugano II Convention","paragraphs":["para_34","para_35","para_36","para_37","para_38","para_39","para_40","para_41","para_42","para_43"],"kind":"legal_framework"},{"title":"European Union law","paragraphs":["para_44"],"kind":"legal_framework"},{"title":"Regulation (EC) No 44/2001","paragraphs":["para_45","para_46","para_47","para_48","para_49","para_50","para_51","para_52","para_53","para_54"],"kind":"legal_framework"},{"title":"Regulation No 4/2009","paragraphs":["para_55","para_56","para_57","para_58","para_59","para_60","para_61","para_62","para_63","para_64","para_65","para_66","para_67","para_68","para_69","para_70","para_71","para_72","para_73","para_74","para_75","para_76","para_77","para_78","para_79","para_80","para_81","para_82","para_83","para_84","para_85","para_86"],"kind":"legal_framework"},{"title":"Law on proceedings in family matters and in matters of non-contentious jurisdiction","paragraphs":["para_87","para_88","para_89"],"kind":"legal_framework"},{"title":"The ZPO","paragraphs":["para_90","para_91","para_92","para_93","para_94","para_95","para_96","para_97","para_98","para_99","para_100","para_101","para_102","para_103","para_104"],"kind":"legal_framework"},{"title":"The Civil Code","paragraphs":["para_105","para_106","para_107","para_108","para_109","para_110","para_111"],"kind":"legal_framework"},{"title":"The dispute in the main proceedings and the question referred for a preliminary ruling","paragraphs":["para_112","para_113","para_114","para_115","para_116","para_117","para_118","para_119","para_120","para_121","para_122","para_123","para_124","para_125","para_126","para_127"],"kind":"facts"},{"title":"Consideration of the question referred","paragraphs":["para_128","para_129","para_130","para_131","para_132","para_133","para_134","para_135","para_136","para_137","para_138","para_139","para_140","para_141","para_142","para_143","para_144","para_145","para_146","para_147","para_148","para_149","para_150","para_151","para_152","para_153","para_154","para_155","para_156","para_157","para_158","para_159","para_160","para_161","para_162","para_163","para_164","para_165","para_166","para_167","para_168","para_169","para_170","para_171","para_172","para_173","para_174","para_175","para_176","para_177","para_178","para_179","para_180","para_181","para_182","para_183","para_184","para_185","para_186","para_187","para_188"],"kind":"questions"},{"title":"Costs","paragraphs":["para_189","para_190","para_191"],"kind":"costs"},{"title":"On those grounds, the Court (Third Chamber) hereby rules:","paragraphs":["para_192","para_193","para_194","para_195","para_196","para_197"],"kind":"operative"}],"paragraphs":[{"text":"62024CJ0516","paragraph_id":"para_1"},{"text":"JUDGMENT OF THE COURT (Third Chamber)","paragraph_id":"para_2"},{"text":"12 March 2026 (\n *1\n )","paragraph_id":"para_3"},{"text":"(Reference for a preliminary ruling – Area of Freedom, Security and Justice – Judicial cooperation in civil matters – Regulation (EC) No 4/2009 – Jurisdiction in matters relating to maintenance obligations – Article 12 – Lis pendens  – Determination of the court first seised – Article 9(a) – Concept …","paragraph_id":"para_4"},{"text":"In Case C‑516/24 [Winderwill], (\n i\n )","paragraph_id":"para_5"},{"text":"REQUEST for a preliminary ruling under Article 267 TFEU from the Amtsgericht Schleswig (Local Court, Schleswig, Germany), made by decision of 22 July 2024, received at the Court on 24 July 2024, in the proceedings","paragraph_id":"para_6"},{"text":"BC , represented by his legal representative,","paragraph_id":"para_7"},{"text":"v","paragraph_id":"para_8"},{"text":"LG,","paragraph_id":"para_9"},{"text":"THE COURT (Third Chamber),","paragraph_id":"para_10"},{"text":"composed of C. Lycourgos, President of the Chamber, O. Spineanu-Matei (Rapporteur), S. Rodin, N. Piçarra and N. Fenger, Judges,","paragraph_id":"para_11"},{"text":"Advocate General: R. Norkus,","paragraph_id":"para_12"},{"text":"Registrar: E. Sartori, Administrator,","paragraph_id":"para_13"},{"text":"having regard to the written procedure and further to the hearing on 18 June 2025,","paragraph_id":"para_14"},{"text":"after considering the observations submitted on behalf of:","paragraph_id":"para_15"},{"text":"–","paragraph_id":"para_16"},{"text":"BC, by A. Kröner, Rechtsanwältin,","paragraph_id":"para_17"},{"text":"–","paragraph_id":"para_18"},{"text":"LG, by M. Horn, Rechtsanwältin,","paragraph_id":"para_19"},{"text":"–","paragraph_id":"para_20"},{"text":"the German Government, by J. Möller, M. Hellmann and A. Sahner, acting as Agents,","paragraph_id":"para_21"},{"text":"–","paragraph_id":"para_22"},{"text":"the Czech Government, by A. Pagáčová, M. Smolek and J. Vláčil, acting as Agents,","paragraph_id":"para_23"},{"text":"–","paragraph_id":"para_24"},{"text":"the European Commission, by B. Ernst, M. Wasmeier and W. Wils, acting as Agents,","paragraph_id":"para_25"},{"text":"after hearing the Opinion of the Advocate General at the sitting on 2 October 2025,","paragraph_id":"para_26"},{"text":"gives the following","paragraph_id":"para_27"},{"text":"Judgment","paragraph_id":"para_28"},{"text":"1","paragraph_id":"para_29"},{"text":"This request for a preliminary ruling concerns the interpretation of Article 9(a) 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 obligations ( OJ 2009 L 7, p. 1 ).","paragraph_id":"para_30","court_paragraph":1},{"text":"2","paragraph_id":"para_31"},{"text":"The request has been made in proceedings between BC, a minor child, and LG, his father, concerning the variation of the maintenance obligations owed by the latter.","paragraph_id":"para_32","court_paragraph":2},{"text":"Legal context","paragraph_id":"para_33"},{"text":"Lugano II Convention","paragraph_id":"para_34"},{"text":"3","paragraph_id":"para_35"},{"text":"Article 27 of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed on 30 October 2007 (‘the Lugano II Convention’), the conclusion of which was approved on behalf of the European Community by Council Decision 2009/430/EC of 27 November 2008 ( OJ 2009 L 147, p. 1 ) provides:","paragraph_id":"para_36","court_paragraph":3},{"text":"‘1.   Where proceedings involving the same cause of action and between the same parties are brought in the courts of different States bound by this Convention, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.","paragraph_id":"para_37"},{"text":"2.   Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court.’","paragraph_id":"para_38"},{"text":"4","paragraph_id":"para_39"},{"text":"Under Article 30(1) of that convention:","paragraph_id":"para_40","court_paragraph":4},{"text":"‘For the purposes of this Section, a court shall be deemed to be seised:","paragraph_id":"para_41"},{"text":"1.","paragraph_id":"para_42"},{"text":"at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the [claimant] has not subsequently failed to take the steps he was required to take to have service effected on the defendant; …’","paragraph_id":"para_43"},{"text":"European Union law","paragraph_id":"para_44"},{"text":"Regulation (EC) No 44/2001","paragraph_id":"para_45"},{"text":"5","paragraph_id":"para_46"},{"text":"Article 27 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ( OJ 2001 L 12, p. 1 ), provided:","paragraph_id":"para_47","court_paragraph":5},{"text":"‘1.   Where proceedings involving the same cause of action and between the same parties are brought in the courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.","paragraph_id":"para_48"},{"text":"2.   Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court.’","paragraph_id":"para_49"},{"text":"6","paragraph_id":"para_50"},{"text":"Article 30(1) of that regulation was worded as follows:","paragraph_id":"para_51","court_paragraph":6},{"text":"‘For the purposes of this Section, a court shall be deemed to be seised:","paragraph_id":"para_52"},{"text":"1.","paragraph_id":"para_53"},{"text":"at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the [claimant] has not subsequently failed to take the steps he was required to take to have service effected on the defendant …’","paragraph_id":"para_54"},{"text":"Regulation No 4/2009","paragraph_id":"para_55"},{"text":"7","paragraph_id":"para_56"},{"text":"Recitals 15 and 36 of Regulation No 4/2009 state:","paragraph_id":"para_57","court_paragraph":7},{"text":"‘(15)","paragraph_id":"para_58"},{"text":"In order to preserve the interests of maintenance creditors and to promote the proper administration of justice within the European Union, the rules on jurisdiction as they result from Regulation [No 44/2001] should be adapted. …","paragraph_id":"para_59"},{"text":"…","paragraph_id":"para_60"},{"text":"(36)","paragraph_id":"para_61"},{"text":"On account of the costs of proceedings it is appropriate to provide for a very favourable legal aid scheme, that is, full coverage of the costs relating to proceedings concerning maintenance obligations in respect of children under the age of 21 initiated via the Central Authorities. Specific rules …","paragraph_id":"para_62"},{"text":"8","paragraph_id":"para_63"},{"text":"Article 9 of Regulation No 4/2009, entitled ‘Seising of a court’, is worded as follows:","paragraph_id":"para_64","court_paragraph":8},{"text":"‘For the purposes of this Chapter, a court shall be deemed to be seised:","paragraph_id":"para_65"},{"text":"(a)","paragraph_id":"para_66"},{"text":"at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the claimant has not subsequently failed to take the steps he was required to take to have service effected on the defendant; or","paragraph_id":"para_67"},{"text":"(b)","paragraph_id":"para_68"},{"text":"if the document has to be served before being lodged with the court, at the time when it is received by the authority responsible for service, provided that the claimant has not subsequently failed to take the steps he was required to take to have the document lodged with the court.’","paragraph_id":"para_69"},{"text":"9","paragraph_id":"para_70"},{"text":"Article 12 of that regulation, entitled ‘Lis pendens’, provides:","paragraph_id":"para_71","court_paragraph":9},{"text":"‘1.   Where proceedings involving the same cause of action and between the same parties are brought in the courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.","paragraph_id":"para_72"},{"text":"2.   Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court.’","paragraph_id":"para_73"},{"text":"10","paragraph_id":"para_74"},{"text":"Under Article 44 of that regulation, headed ‘Right to legal aid’:","paragraph_id":"para_75","court_paragraph":10},{"text":"‘1.   Parties who are involved in a dispute covered by this Regulation shall have effective access to justice in another Member State, including enforcement and appeal or review procedures, in accordance with the conditions laid down in this Chapter.","paragraph_id":"para_76"},{"text":"…","paragraph_id":"para_77"},{"text":"2.   To ensure such effective access, Member States shall provide legal aid in accordance with this Chapter, unless paragraph 3 applies.","paragraph_id":"para_78"},{"text":"3.   In cases covered by Chapter VII, a Member State shall not be obliged to provide legal aid if and to the extent that the procedures of that Member State enable the parties to make the case without the need for legal aid, and the Central Authority provides such services as are necessary free of charge.","paragraph_id":"para_79"},{"text":"4.   Entitlements to legal aid shall not be less than those available in equivalent domestic cases.","paragraph_id":"para_80"},{"text":"…’","paragraph_id":"para_81"},{"text":"11","paragraph_id":"para_82"},{"text":"Article 46 of that regulation, entitled ‘Free legal aid for applications through Central Authorities concerning maintenance to children’, is worded as follows:","paragraph_id":"para_83","court_paragraph":11},{"text":"‘1.   The requested Member State shall provide free legal aid in respect of all applications by a creditor under Article 56 concerning maintenance obligations arising from a parent-child relationship towards a person under the age of 21.","paragraph_id":"para_84"},{"text":"2.   Notwithstanding paragraph 1, the competent authority of the requested Member State may, in relation to applications other than those under Article 56(1)(a) and (b), refuse free legal aid if it considers that, on the merits, the application or any appeal or review is manifestly unfounded.’","paragraph_id":"para_85"},{"text":"German law","paragraph_id":"para_86"},{"text":"Law on proceedings in family matters and in matters of non-contentious jurisdiction","paragraph_id":"para_87"},{"text":"12","paragraph_id":"para_88"},{"text":"The first sentence of Paragraph 113(1) of the Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (Law on proceedings in family matters and in matters of non-contentious jurisdiction) of 17 December 2008 (BGBl. 2008 I, p. 2586), in the version appl …","paragraph_id":"para_89","court_paragraph":12},{"text":"The ZPO","paragraph_id":"para_90"},{"text":"13","paragraph_id":"para_91"},{"text":"Paragraph 114(1) of the Code of Civil Procedure, in the version applicable to the dispute in the main proceedings (‘the ZPO’), provides:","paragraph_id":"para_92","court_paragraph":13},{"text":"‘A party which, on account of his or her personal and financial circumstances, is unable to pay the costs of the proceedings, or is able to pay them only in part or in instalments, shall receive legal aid, upon application, if the intended action or defence presents a sufficient prospect of success and does not appear to be frivolous. …’","paragraph_id":"para_93"},{"text":"14","paragraph_id":"para_94"},{"text":"Paragraph 117 of the ZPO provides:","paragraph_id":"para_95","court_paragraph":14},{"text":"‘(1)   The application for legal aid must be made to the court hearing the case; that application may be made by submitting a declaration to the court registry. The application must set out the facts of the case and indicate the evidence. …","paragraph_id":"para_96"},{"text":"(2)   The application must be accompanied by a declaration from the applicant detailing his or her personal and financial circumstances (family circumstances, occupation, assets, income and expenses), along with the relevant supporting documents. The declaration and supporting documents may be commu …","paragraph_id":"para_97"},{"text":"…’","paragraph_id":"para_98"},{"text":"15","paragraph_id":"para_99"},{"text":"Paragraph 118(1) of the ZPO reads as follows:","paragraph_id":"para_100","court_paragraph":15},{"text":"‘The defendant shall be given the opportunity to state his or her opinion on whether the conditions for granting legal aid are satisfied, except where it would be inappropriate to do so for specific reasons. That position statement may be recorded by submitting a declaration to the court registry. The court may invite the parties to an oral hearing if an agreement is likely to be reached; any settlement shall be recorded by the court in the court minutes. …’","paragraph_id":"para_101"},{"text":"16","paragraph_id":"para_102"},{"text":"Under Paragraph 167 of the ZPO:","paragraph_id":"para_103","court_paragraph":16},{"text":"‘If service is effected in order to comply with a deadline, or to have a limitation period begin anew or suspended pursuant to Paragraph 204 of the Bürgerliches Gesetzbuch (Civil Code, RGBl. 1896, p. 195), this effect shall commence upon receipt of the corresponding application or declaration provided that service is effected shortly thereafter.’","paragraph_id":"para_104"},{"text":"The Civil Code","paragraph_id":"para_105"},{"text":"17","paragraph_id":"para_106"},{"text":"Point 14 of Paragraph 204(1) of the Civil Code, in the version applicable to the facts in the main proceedings, provides:","paragraph_id":"para_107","court_paragraph":17},{"text":"‘The limitation period shall be suspended:","paragraph_id":"para_108"},{"text":"…","paragraph_id":"para_109"},{"text":"14.","paragraph_id":"para_110"},{"text":"when service of the first application for legal aid is effected; if service is effected immediately after the application is submitted, the suspension of the limitation period shall take effect from the time of submission of the application.’","paragraph_id":"para_111"},{"text":"The dispute in the main proceedings and the question referred for a preliminary ruling","paragraph_id":"para_112"},{"text":"18","paragraph_id":"para_113"},{"text":"BC, who resides in Sweden and was a minor at the time of the facts in the main proceedings, is the son of LG, who resides in Germany.","paragraph_id":"para_114","court_paragraph":18},{"text":"19","paragraph_id":"para_115"},{"text":"On 17 December 2021, BC, represented by the Bundesamt für Justiz (Federal Office of Justice, Germany), submitted an application for legal aid to the Amtsgericht Schleswig (Local Court, Schleswig, Germany), which is the referring court, with the aim of subsequently submitting an application for varia …","paragraph_id":"para_116","court_paragraph":19},{"text":"20","paragraph_id":"para_117"},{"text":"On 28 January 2022, before the referring court had ruled on BC’s application for legal aid, LG brought an action before the Eskilstuna tingsrätt (District Court, Eskilstuna, Sweden) seeking variation of his maintenance obligations towards BC.","paragraph_id":"para_118","court_paragraph":20},{"text":"21","paragraph_id":"para_119"},{"text":"After his application for legal aid was granted on 27 May 2022, BC submitted the application to vary referred to in paragraph 19 above before the referring court. That application was served on LG on 21 July 2022.","paragraph_id":"para_120","court_paragraph":21},{"text":"22","paragraph_id":"para_121"},{"text":"In Sweden, the Eskilstuna tingsrätt (District Court, Eskilstuna) dismissed LG’s application on the ground that it did not have international jurisdiction. The Högsta domstolen (Supreme Court, Sweden) set aside that rejection decision and referred the case back to the Eskilstuna tingsrätt (District Court, Eskilstuna), which, by order of 6 May 2024, stayed the proceedings, pursuant to Article 12(1) of Regulation No 4/2009.","paragraph_id":"para_122","court_paragraph":22},{"text":"23","paragraph_id":"para_123"},{"text":"The referring court states, in essence, that it must determine whether it, and not the latter Swedish court, has international jurisdiction to hear the main proceedings as the ‘court first seised’ within the meaning of Article 12 of Regulation No 4/2009, read in conjunction with Article 9(a) thereof …","paragraph_id":"para_124","court_paragraph":23},{"text":"24","paragraph_id":"para_125"},{"text":"In those circumstances, the Amtsgericht Schleswig (Local Court, Schleswig) decided to stay the proceedings and to refer the following question to the Court of Justice for a preliminary ruling:","paragraph_id":"para_126","court_paragraph":24},{"text":"‘Is an application for legal aid, to which an application to vary in a matter relating to maintenance obligations – which is intended to be formally submitted in the event that legal aid is granted – is attached only in draft form, an “equivalent document” within the meaning of Article 9(a) of [Regulation No 4/2009], with the result that a national court has been seised and the jurisdiction of that court established?’","paragraph_id":"para_127"},{"text":"Consideration of the question referred","paragraph_id":"para_128"},{"text":"25","paragraph_id":"para_129"},{"text":"By its question, the referring court asks, in essence, whether Article 9(a) of Regulation No 4/2009 is to be interpreted as meaning that an application for legal aid lodged with a court, to which the applicant has attached in draft form the application which he or she intends to submit on the merits in a matter relating to maintenance obligations in the event that the requested legal aid is granted, constitutes an ‘equivalent document’ within the meaning of that provision.","paragraph_id":"para_130","court_paragraph":25},{"text":"26","paragraph_id":"para_131"},{"text":"As a preliminary point, it should be noted, first, that the referring court states that, in the main proceedings between BC and LG concerning an application to vary the maintenance obligations owed by LG, it must decide whether it has international jurisdiction in a situation where a Swedish court has, in proceedings between LG and BC concerning an application for variation of those obligations, stayed its proceedings pursuant to Article 12(1) of Regulation No 4/2009.","paragraph_id":"para_132","court_paragraph":26},{"text":"27","paragraph_id":"para_133"},{"text":"That provision provides that, where proceedings involving the same cause of action and between the same parties are brought in the courts of different Member States, any court other than the court first seised is, of its own motion, to stay its proceedings until such time as the jurisdiction of the court first seised is established.","paragraph_id":"para_134","court_paragraph":27},{"text":"28","paragraph_id":"para_135"},{"text":"In the present case, it is apparent from the wording and the statement of reasons for the question referred that, in seeking to ascertain whether it, or the Swedish court which stayed its proceedings pursuant to that provision, was the court first seised in the light of the rule on jurisdiction laid …","paragraph_id":"para_136","court_paragraph":28},{"text":"29","paragraph_id":"para_137"},{"text":"Secondly, it must be borne in mind that, in so far as, in matters relating to maintenance obligations, the provisions of Regulation No 4/2009 relating to the rules on jurisdiction replaced those of Regulation No 44/2001, the Court’s case-law on the interpretation of the provisions of Regulation No 4 …","paragraph_id":"para_138","court_paragraph":29},{"text":"30","paragraph_id":"para_139"},{"text":"The Court has already held that Article 12 of Regulation No 4/2009 is equivalent to Article 27 of Regulation No 44/2001 and Article 27 of the Lugano II Convention (see, to that effect, judgments of 20 December 2017, Schlömp, C‑467/16 , EU:C:2017:993 , paragraphs  44 and  46 , and of 6 June 2024, Get …","paragraph_id":"para_140","court_paragraph":30},{"text":"31","paragraph_id":"para_141"},{"text":"In the light of those preliminary observations, it must be borne in mind that the lis pendens rule laid down in Article 12 of Regulation No 4/2009 is intended, in the interests of the proper administration of justice, as noted, inter alia, in recital 15 of that regulation, to reduce the possibility …","paragraph_id":"para_142","court_paragraph":31},{"text":"32","paragraph_id":"para_143"},{"text":"In that context, Article 9 of Regulation No 4/2009 sets out uniform and autonomous rules for determining the time when a court is deemed to have been seised for the purpose of applying Article 12 of that regulation, with the aim of reducing the risk of parallel proceedings taking place in different …","paragraph_id":"para_144","court_paragraph":32},{"text":"33","paragraph_id":"para_145"},{"text":"Under Article 9(a) of Regulation No 4/2009, a court is seised at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the claimant has not subsequently failed to take the steps he or she was required to take to have service effected …","paragraph_id":"para_146","court_paragraph":33},{"text":"34","paragraph_id":"para_147"},{"text":"In that regard, it is settled case-law that provisions relating to the rules on jurisdiction, such as the one laid down in Article 9(a) of Regulation No 4/2009, must be interpreted not as a mere reference to the internal law of the Member States, but independently in the light of their wording by re …","paragraph_id":"para_148","court_paragraph":34},{"text":"35","paragraph_id":"para_149"},{"text":"It is apparent from the wording of Article 9(a) of Regulation No 4/2009 that the concept of ‘equivalent document’ must be assessed in relation to that of ‘document instituting the proceedings’, although, according to its definition in everyday language, the term ‘equivalent’ means not that the equivalent document must be identical to the document instituting the proceedings, but that it must be a comparable document fulfilling the same function.","paragraph_id":"para_150","court_paragraph":35},{"text":"36","paragraph_id":"para_151"},{"text":"In matters relating to maintenance obligations covered by Regulation No 4/2009, the purpose of a document instituting the proceedings is to bring a dispute on the merits, in proceedings which are in principle inter partes , between one or more claimants and one or more defendants. It is also apparen …","paragraph_id":"para_152","court_paragraph":36},{"text":"37","paragraph_id":"para_153"},{"text":"It is also important to note, as stated in paragraph 31 above, that the lis pendens rules laid down in Article 12 of that regulation are intended to ensure compliance with the chronological order in which the courts were seised and, therefore, the choice of forum by the party who first initiated the dispute concerned.","paragraph_id":"para_154","court_paragraph":37},{"text":"38","paragraph_id":"para_155"},{"text":"In those circumstances, it must be held that, for the purposes of determining the court first seised in the case of lis pendens , the concept of an ‘equivalent document’ covers any document which is closely connected with the substance of the dispute concerned, such that it can be considered, in a m …","paragraph_id":"para_156","court_paragraph":38},{"text":"39","paragraph_id":"para_157"},{"text":"That said, it is not apparent from the wording of Article 9(a) of Regulation No 4/2009 that the concepts of ‘equivalent document’ and ‘document instituting the proceedings’ are mutually exclusive in that that provision would prevent an equivalent document and a document instituting the proceedings f …","paragraph_id":"para_158","court_paragraph":39},{"text":"40","paragraph_id":"para_159"},{"text":"In that regard, the Court has already held that, where two successive sets of proceedings are independent and are clearly distinct from each other, the dispute cannot be deemed to have been initiated when the document instituting the first of those proceedings was lodged, and that act cannot therefo …","paragraph_id":"para_160","court_paragraph":40},{"text":"41","paragraph_id":"para_161"},{"text":"On the other hand, where two successive sets of proceedings are not independent and are not clearly distinct from each other, but those proceedings are closely linked on the merits, the objective of complying with the chronological order in which the courts concerned were seised and, therefore, the …","paragraph_id":"para_162","court_paragraph":41},{"text":"42","paragraph_id":"para_163"},{"text":"In the present case, the referring court must determine whether the application for legal aid brought by BC before that court prior to the action brought by LG in Sweden may be classified as an ‘equivalent document’, within the meaning of Article 9(a) of Regulation No 4/2009, with regard to the docu …","paragraph_id":"para_164","court_paragraph":42},{"text":"43","paragraph_id":"para_165"},{"text":"Subject to verification by the referring court, it is apparent from the written observations of the German Government and the answers given by the German Government at the hearing, first, that, in accordance with Paragraph 117 of the ZPO, which is applicable mutatis mutandis to family proceedings su …","paragraph_id":"para_166","court_paragraph":43},{"text":"44","paragraph_id":"para_167"},{"text":"Secondly, given that, in accordance with Paragraph 114(1) of the ZPO, legal aid may be granted to an applicant such as BC only if the intended action presents a sufficient prospect of success and does not appear to be frivolous, the applicant must, in principle, attach to his or her application for …","paragraph_id":"para_168","court_paragraph":44},{"text":"45","paragraph_id":"para_169"},{"text":"Thirdly, it is apparent from Paragraph 118(1) of the ZPO that the defendant is to be given the opportunity to state his or her opinion on whether those conditions are satisfied, except where it would be inappropriate to do so for specific reasons, which means, as the German Government stated at the …","paragraph_id":"para_170","court_paragraph":45},{"text":"46","paragraph_id":"para_171"},{"text":"Furthermore, as the referring court stated in its request for a preliminary ruling, it is apparent from the combined provisions of Paragraph 204 of the Civil Code, in the version applicable to the facts in the main proceedings, and from Paragraph 167 of the ZPO, that an application for legal aid ser …","paragraph_id":"para_172","court_paragraph":46},{"text":"47","paragraph_id":"para_173"},{"text":"It appears from German law, as set out in paragraphs 43 to 46 above, that, unless there are specific reasons to the contrary, an application for legal aid containing, inter alia, the essential elements of the application that will be brought as to the substance in the event that the requested legal …","paragraph_id":"para_174","court_paragraph":47},{"text":"48","paragraph_id":"para_175"},{"text":"It thus appears that, in German family law, the legal aid procedure is, in principle, a set of inter partes proceedings which is closely linked to the future inter partes proceedings on the merits, in that, first, it enables the defendant to know the claims and summary arguments which the applicant …","paragraph_id":"para_176","court_paragraph":48},{"text":"49","paragraph_id":"para_177"},{"text":"In those circumstances, it must be held, subject to verification by the referring court of the German law set out in paragraphs 43 to 46 above, that, in the German legal system, an application for legal aid lodged with a court could be classified as an ‘equivalent document’ within the meaning of Article 9(a) of Regulation No 4/2009.","paragraph_id":"para_178","court_paragraph":49},{"text":"50","paragraph_id":"para_179"},{"text":"However, in order to preserve the close link between the legal aid proceedings and the substantive proceedings, for the purpose of classifying an application for legal aid such as that at issue in the main proceedings as an ‘equivalent document’, it is still necessary, first, that the requested lega …","paragraph_id":"para_180","court_paragraph":50},{"text":"51","paragraph_id":"para_181"},{"text":"At the hearing, the Commission highlighted the fact, which it is for the referring court to verify, that applications for legal aid such as that at issue in the main proceedings are usually communicated by the court seised to the defendant in simple written form, rather than being served on that par …","paragraph_id":"para_182","court_paragraph":51},{"text":"52","paragraph_id":"para_183"},{"text":"Nevertheless, as the German Government acknowledged at the hearing, that particular feature of German law may preclude such a classification where it transpires that the communication of the application for legal aid has not been received by the defendant and that the legal aid procedure has been de …","paragraph_id":"para_184","court_paragraph":52},{"text":"53","paragraph_id":"para_185"},{"text":"Lastly, the classification of an application for legal aid such as that at issue in the main proceedings as an ‘equivalent document’, within the meaning of Article 9(a) of Regulation No 4/2009, also takes account of the importance which that regulation attaches, for the purposes of ensuring effectiv …","paragraph_id":"para_186","court_paragraph":53},{"text":"54","paragraph_id":"para_187"},{"text":"In the light of the foregoing, the answer to the question referred is that Article 9(a) of Regulation No 4/2009 must be interpreted as meaning that an application for legal aid lodged with a court, to which the applicant has attached in draft form the application which he or she intends to submit on …","paragraph_id":"para_188","court_paragraph":54},{"text":"Costs","paragraph_id":"para_189"},{"text":"55","paragraph_id":"para_190"},{"text":"Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the referring court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.","paragraph_id":"para_191","court_paragraph":55},{"text":"On those grounds, the Court (Third Chamber) hereby rules:","paragraph_id":"para_192"},{"text":"Article 9(a) 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 obligations","paragraph_id":"para_193"},{"text":"must be interpreted as meaning that an application for legal aid lodged with a court, to which the applicant has attached in draft form the application which he or she intends to submit on the merits in a matter relating to maintenance obligations in the event that the requested legal aid is granted …","paragraph_id":"para_194"},{"text":"[Signatures]","paragraph_id":"para_195"},{"text":"(\n *1\n ) Language of the case: German.","paragraph_id":"para_196"},{"text":"(\n i\n ) The name of the present case is a fictitious name. 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