Case number and/or case name
ITF20110112 Tribunal of Bari
Details of the court
Italy, First Instance
Articles referred to by the court
Brussels IIa
Article 2
Paragraph 1
Paragraph 2
Paragraph 3
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Paragraph 6
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Paragraph 8
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Paragraph 11
SubParagraph a
Paragraph 11
SubParagraph b
Date of the judgement
11 January 2011
CJEU's case law cited by the court
Summary
Pursuant to Article 3 of the Hague Convention of 25 October 1980 on International Child Abduction, a removal is to be considered wrongful when it is in breach of rights of custody that were actually exercised. The condition of actual exercise of rights of custody – which is reaffirmed by Article 13(a) of said Convention – is also maintained in Article 2 of Regulation (EC) No 2201/2003.