PIL instrument(s)
Brussels IIa
Case number and/or case name
ITF20121211 Tribunal of Milano (BIIa)
Details of the court
Italy, First Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1 SubParagraph a Indent 1
Paragraph 1 SubParagraph a Indent 2
Paragraph 1 SubParagraph a Indent 3
Paragraph 1 SubParagraph a Indent 4
Paragraph 1 SubParagraph a Indent 5
Paragraph 1 SubParagraph a Indent 6
Paragraph 1 SubParagraph b
Paragraph 2
Date of the judgement
10 December 2012
Appeal history
None
CJEU's case law cited by the court
None
Summary
Pursuant to Articles 3(2) and 32 of Law No 218/1995 and to Article 3 of Regulation (EC) No 2201/2003, Italian courts have jurisdiction over an action for divorce between two foreign nationals residing in Italy. In light of recital No 18 and Article 5(3) of Regulation (EU) No 1259/2010, Italian courts may indicate to the parties – in an order issued pursuant to Article 709 of the Code of Civil Procedure – that they have the possibility of choosing the governing law and that their supplemental pleading or their entry of appearance may include such designation.

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