PIL instrument(s)
Brussels IIa
Case number and/or case name
20110408 Tribunal of Milano
Details of the court
Italy, First Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1 SubParagraph b
Article 19
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
07 April 2011
Appeal history
None
CJEU's case law cited by the court
None
Summary
Pursuant to Article 3(b) of Regulation (EC) No 2201/2003, Italian courts have jurisdiction over the application for the legal separation of two Italian citizens who are habitually resident in Scotland. Pursuant to Article 19 of said Regulation, there is no international lis pendens if the document instituting the separation proceedings in Italy has been lodged prior to the lodging of the corresponding document in Scotland.

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