PIL instrument(s)
Brussels IIa
Case number and/or case name
ITT20100625 Cass. 15328/2010
Details of the court
Italy, Third Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1 SubParagraph a Indent 6
Date of the judgement
24 June 2010
Appeal history
None
CJEU's case law cited by the court
None
Summary
Pursuant Pursuant to Article 3(1)(a) of Regulation (EC) No 2201/2003, Italian courts have jurisdiction over an action for legal separation that has been brought by an Italian citizen against her French spouse, who habitually resides in France, after said Italian citizen has re-established her habitual residence in Italy for more than six months. The notion of habitual residence under Regulation (EC) No 2201/2003 does not refer to the formal or registered residence, but rather to the place where the relevant person actually and continuously lives his/her personal life and, if relevant, carries out his/her work.

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