PIL instrument(s)
Brussels IIa
Case number and/or case name
ITT20120704 Cass. n. 11156/2012 (BIIa)
Details of the court
Italy, Third Instance
Articles referred to by the court
Brussels IIa
Article 10
Paragraph a
Paragraph b SubParagraph i
Paragraph b SubParagraph ii
Paragraph b SubParagraph iii
Paragraph b SubParagraph iv
Date of the judgement
03 July 2012
Appeal history
None
CJEU's case law cited by the court
None
Summary
Pursuant to Regulation (EC) No 2201/2003, the right of custody of a child encompasses also the right to determine the child’s place of residence. The transfer of a child or the refusal to return a child is unlawful if it occurs in breach of the right of custody, so long as such right is actually exercised

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