PIL instrument(s)
Brussels IIa
Case number and/or case name
ITS20140115 Court of Appeal of Firenze (BIIa)
Details of the court
Italy, Second Instance
Articles referred to by the court
Brussels IIa
Article 8
Paragraph 1
Paragraph 2
Article 15
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 3 SubParagraph a
Paragraph 3 SubParagraph b
Paragraph 3 SubParagraph c
Paragraph 3 SubParagraph d
Paragraph 3 SubParagraph e
Paragraph 4
Paragraph 5
Paragraph 6
Date of the judgement
14 January 2014
Appeal history
None
CJEU's case law cited by the court
None
Summary
Pursuant to Article 8 of Regulation (EC) No 2201/2003, Italian courts have jurisdiction over a dispute between two English spouses on the custody of their son, habitually resident in Italy, if an exceptional situation justifying the transfer of the competence to the English courts pursuant to Article 15 does not occur. An order aiming at protecting the personality of a minor is governed by Article 42 of Law No 218/1995, rather than by Article 36 of the same Law. Under Article 42 – which refers to the Hague Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of infants – the court which has jurisdiction shall take the measures provided by its domestic law (Article 2 of the 1961 Hague Convention).

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