PIL instrument(s)
Brussels IIa
Case number and/or case name
ITT20111230 Cass. n. 30646/2011 (BIIa)
Details of the court
Italy, Third Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1 SubParagraph b
Article 8
Paragraph 1
Paragraph 2
Article 12
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Date of the judgement
29 December 2011
Appeal history
None
CJEU's case law cited by the court
None
Summary
Pursuant to Articles 3(1)(b) and 8 of Regulation (EC) No 2201/2003, Italian courts have jurisdiction to hear a claim for legal separation on the grounds of the common nationality of the spouses. To the contrary, the courts of the United Kingdom (rather than Italian courts) have jurisdiction with regards to child custody, since the children are resident in the United Kingdom and the Italian jurisdiction has not been accepted pursuant to Article 12(1) of said Regulation.

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