Judgment_paragraph 99 · MPA v LCDNMT (C-501/20)

99Article 7 of Regulation No 4/2009 thus lays down four cumulative conditions to be satisfied in order for a court of a Member State seised of an application relating to maintenance obligations to be able, on an exceptional basis, to establish that it has jurisdiction by reason of the state of necessity (forum necessitatis). First, that court must find that no court of a Member State has jurisdiction under Articles 3 to 6 of Regulation No 4/2009. Second, the dispute before that court must be closely connected with a third State. Third, the proceedings in question cannot reasonably be brought or conducted or would be impossible in that third State. Fourth and lastly, the dispute must have a sufficient connection with the Member State of the court seised.