Summary
The decree of the Juvenile Court of the habitual residence of the child, that rules on the judgment of non-return issued by the courts of the State to which the child has been wrongfully removed pursuant to Article 11(8) of Regulation (EC) No 2201/2003 can be appealed immediately to the Supreme Court of Cassation, given the analogy between the proceedings under said Article 11 and the proceedings regulated by Article 7 of Law No 64/1994 implementing the Hague Convention of 25 October 1980 on International Child Abduction.
A Juvenile Court requested to review a judgment of non-return issued by a court of the State to which the child has been wrongfully removed pursuant to Article 11 of Regulation (EC) No 2201/2003 judges correctly if it limits the scope of its review to the existence of the conditions required by Article 13(1)(b) of the Hague Convention of 25 October 1980 on the basis of which the foreign court has denied the return of the child and if, pursuant to Article 10(b)(4) of the aforesaid Regulation, it declines jurisdiction over further claims aimed at obtaining the exclusive custody of the child and a declaration that the rights of custody of the other parent have lapsed. In fact, the expression ‘rights of custody’ used in Article 11 of the aforesaid Regulation shall be referred exclusively to the subject matter of the proceedings regulated therein and shall be given the limited meaning of ‘right to take part to the decision concerning the place of residence of the child’.