PIL instrument(s)
Brussels IIa
Case number and/or case name
ITF20100217 Cass. 3680/2010
Details of the court
Italy, First Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1 SubParagraph a Indent 5
Date of the judgement
16 February 2010
Appeal history
None
CJEU's case law cited by the court
Summary
Pursuant to Article 3(1)(a) of Regulation (EC) No 2201/2003, Italian courts have jurisdiction over an action for legal separation brought by a wife who has been residing in Italy for more than one year against her husband residing in Belgium, if such residence in Italy is effective, i.e. if it is the place where she has established in a lasting manner the permanent or habitual centre of her own interests, regardless of her registered residence (residenza anagrafica).

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