Case number and/or case name
ITT20120213 Cass. n. 1984/2012 (BIIa)
Details of the court
Italy, Third Instance
Articles referred to by the court
Date of the judgement
12 February 2012
CJEU's case law cited by the court
Summary
Pursuant to Article 8 of Regulation (EC) No 2201/2003, the only criterion for establishing the jurisdiction of the courts of a Member State over claims on parental responsibility over a minor is that of the habitual residence of the minor at the time when the claim is lodged. Said residence shall be the place where the minor effectively and constantly carries out his life; hence, Italian courts do not retain jurisdiction when the minor is resident abroad.