PIL instrument(s)

Case number and/or case name

20110315 Tribunal of Arezzo

Details of the court

Italy, First Instance

Articles referred to by the court

Date of the judgement

14 April 2011

Appeal history

CJEU's case law cited by the court

Summary

A decision whereby Polish judicial authorities have ruled on the custody of children who have been legally taken to said State cannot be recognised in Italy if when said decision was issued the habitual residence of the children was located in Italy. Thus, said decision shall be construed as a provisional and protective measure pursuant to Article 20 of Regulation (EC) No 2201/2003. Pursuant to Article 3 of Regulation (EC) No 2201/2003, Italian courts have jurisdiction over an action for legal separation brought by a spouse residing in Italy against the other spouse who has moved to Poland if the last common residence of the spouses was located in Italy. Pursuant to Article 12 of said Regulation, said courts have also jurisdiction over an action relating to the custody of the children – which has been brought together with the action for legal separation – if the defendant did not challenge said jurisdiction upon entering an appearance in the separation proceedings and both spouses exercise parental responsibility over the children. However, jurisdiction shall be transferred to Polish judicial authorities pursuant to Article 15 of said Regulation, since the children have acquired habitual residence in Poland further to a legal removal and a prolonged stay there. In fact, the children have now established a particular connection with Poland, which implies that Polish judicial authorities are better placed to hear the entire case.