Summary
Under Article 19(2) of Regulation (EC) No 2201/2003, the Italian court shall suspend on its own motion the proceedings pending before it for the modification of the father’s access rights, that have been laid down in a Spanish judgment, when a proceeding involving the same child and having the same object (i.e. parental responsibility) is pending between the same parties in Spain, although before the Court of Appeal and on the question of jurisdiction.
Under Article 20 of Regulation (EC) No 2201/2003, Italian courts do not have jurisdiction to issue provisional and urgent measures limiting the exercise of the father’s access rights that have been granted by the Spanish court of first instance as the adoption of such provisions would prevent the enforcement in Italy of the measures decided by the Spanish judge.
In light of the fact that Regulation (EC) No 2201/2003 does not rule on domestic procedural aspects, the suspension order, issued by the court on its own motion, shall be notified by the claimant to the defendant in accordance with the provisions laid down in Regulation (EC) No 1393/2007.