PIL instrument(s)

Case number and/or case name

ITT20110802 Cass. n. 16864/2011

Details of the court

Italy, Third Instance

Articles referred to by the court

Date of the judgement

01 August 2011

Appeal history

CJEU's case law cited by the court

Summary

For the purpose of establishing jurisdiction in case of wrongful removal of a child, a change of the place of habitual residence of the child that occurs after the lodging of the relevant application is irrelevant if it is a consequence of provisional measures issued in urgent cases. In fact, the provisions conferring jurisdiction to the courts of the State where the child is present, such as Articles 13 and 15 of Regulation (EC) No 2201/2003 and Article 12 of the Hague Convention of 25 October 1980 on International Child Abduction, derogate from the ordinary rule whereby jurisdiction shall be determined at the time of lodging of the document instituting the proceedings (so-called perpetuatio iurisdictionis principle) and are laid down to deal with exceptional circumstances.