Italy: Enacted the new Statute on civil Unions

Last week (on January 27) the Official Gazette of Italian Law has published the final version of a Legislative Decree (D.Lgs. 19 gennaio 2017, n. 7) which finally provides the international law rules for the regulation of civil unions. This decree makes some important changes to the Italian act on private international law (L. 31 maggio … Continue reading Italy: Enacted the new Statute on civil Unions

Italy – Italian Supreme Court clarifying principles about applicable law and recognition of foreign decisions in divorce matters

The Italian Supreme Court (Corte Suprema di Cassazione, Sezione Prima Civile), with a decision published on the 1st of December (n. 24542/2016), has determined that the foreign judgment on divorce should be recognized in Italy although it hangs a separation procedure. In particular, this occurs when the foreign law does not provide for the institute … Continue reading Italy – Italian Supreme Court clarifying principles about applicable law and recognition of foreign decisions in divorce matters

Jurisdiction on marriage annulment: can a daughter claim the annulment of the marriage of her parent after the death of one of them?

It is the first time ever that the issue of marriage annulment is the subject of a ruling of the European Court of Justice. The facts of the case are however more complex than this limited issue. On 20 November 2012, Mrs. Mikołajczyk (a daughter) brought an action before the Regional Court of Warsaw, Poland, … Continue reading Jurisdiction on marriage annulment: can a daughter claim the annulment of the marriage of her parent after the death of one of them?

EFFECTS OF THE REFUSAL TO REGISTER IN THE ITALIAN PUBLIC REGISTER OF A FOREIGN DECISION ON DIVORCE

A recent decision of the Milan Tribunal rejecting the application for amendment of a settlement in a divorce proceeding held in an non-EU State is the subject of an interesting article (in Italian) by Sara Bernasconi, Sulla domanda di modifica di sentenza straniere di divorzio di cui è stata rifiutata la trascrizione, published in “Famiglia … Continue reading EFFECTS OF THE REFUSAL TO REGISTER IN THE ITALIAN PUBLIC REGISTER OF A FOREIGN DECISION ON DIVORCE

JURISDICTION ON DIVORCE AND SEPARATION PROCEEDINGS DOES NOT ALWAYS IMPLY JURISDICTION ON CUSTODY OF THE CHILD WHO IS RESIDENT ABROAD

«When separation proceedings are taking place in a Member State other than where the child is not habitually resident, the best interests of the child and the proximity criterion, as provided by whereas 12 and 13 of Brussels II a Regulation, require a separate assessment of the two issues and not to give jurisdiction on … Continue reading JURISDICTION ON DIVORCE AND SEPARATION PROCEEDINGS DOES NOT ALWAYS IMPLY JURISDICTION ON CUSTODY OF THE CHILD WHO IS RESIDENT ABROAD

BRUSSELS II RECAST PROPOSAL CLARIFIES THE RULES ON CROSS-BORDER PLACEMENT ON CHILDREN

The recast proposal of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (hereafter, “the Proposal”) was published on 30 June 2016 by the European Commission, containing, among others, a clarification of the … Continue reading BRUSSELS II RECAST PROPOSAL CLARIFIES THE RULES ON CROSS-BORDER PLACEMENT ON CHILDREN

Milan, 17 June 2016: JUDICIAL TRAINING ON DIVORCE AND PARENTAL RESPONSIBILITY UNDER THE BRUSSELS II BIS REGULATION

  The University of Milano-Bicocca will host on 17 June 2016 a Judicial Training on divorce and parental responsibility, part of the program “EU Judiciary Training on Brussels IIa Regulation: From South to East”, co-funded by the Justice Programme of the European Union. Training is achieved through discussion of real cases – drawn from ECJ … Continue reading Milan, 17 June 2016: JUDICIAL TRAINING ON DIVORCE AND PARENTAL RESPONSIBILITY UNDER THE BRUSSELS II BIS REGULATION

CJEU case law on JURISDICTION

Below you can find all the decisions of the Court of Justice on Jurisdiction in divorce and prorogation of jurisdiction. No. ECLI identifier Name Arts. Key terms Operative part of the judgment 7.   EU:C:2007:740 29/11/2007 Sundelind Lopez, C-68/07   Arts. 3 6 7 Jurisdiction in divorce proceedings Respondent not a national or a resident of a … Continue reading CJEU case law on JURISDICTION

CJEU – Judgments

The CJEU case law on the Brussels II bis Regulation   No ECLI identifier Name of the case and number in the register Interpreted instrument and relevant provision(s) Key terms Operative part of the judgment 1.               EU:C:2007:714 C, C-435/06 Art. 1(1) of the Brussels II bis Regulation Judicial cooperation in civil matters – Jurisdiction, … Continue reading CJEU – Judgments

Abduction Cases – Jurisdiction

Generally the courts of the child’s former habitual residence retain jurisdiction although the child is no longer physically present in this jurisdiction, if the child is wrongfully removed or retained, particularly after visiting a person having a right of access. Per Article 10 Council Regulation (EC) No 2201/ 2003. “In case of wrongful removal or … Continue reading Abduction Cases – Jurisdiction