PIL instrument(s)
Brussels IIa
Maintenance Regulation
Case number and/or case name
ITF20120601 Tribunal of Milan (BIIa, Maint reg.)
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
Maintenance Regulation
Article 3
Paragraph c
Date of the judgement
31 May 2012
Appeal history
None
CJEU's case law cited by the court
None
Summary
Pursuant to Article 3(1)(a) of Regulation (EC) No 2201/2003, Italian courts have jurisdiction over an action for legal separation between an Italian citizen and a Brazilian citizen because the spouses’ last habitual residence was situated in Italy, where one of the spouses still resides. Pursuant to Article 31(1) of Law No 218/1995, Italian law governs the legal separation of two spouses having different nationality as a result of the fact that the spouses’ matrimonial life was primarily localized in Italy. Pursuant to Article 42 of Law No 218/1995, Italian courts have jurisdiction over an action for custody of a child resident in a non-EU Member State as a result of the common Italian nationality of the father and the child. Pursuant to Article 3(1)(c) of Regulation (EC) No 4/2009, Italian courts have jurisdiction over an action for the maintenance of a minor residing in a non-EU Member State based on the fact that Italian courts have jurisdiction over the action for the legal separation of the child’s parents. Pursuant to Article 36 of Law No 218/1995, such maintenance claim is governed by the child’s national law.

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