PIL instrument(s)
Brussels IIa
Case number and/or case name
ITF20091223 Tribunal of Belluno
Details of the court
Italy, First Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1 SubParagraph a Indent 1
Paragraph 1 SubParagraph a Indent 2
Paragraph 1 SubParagraph a Indent 3
Paragraph 1 SubParagraph a Indent 4
Paragraph 1 SubParagraph a Indent 5
Paragraph 1 SubParagraph a Indent 6
Paragraph 1 SubParagraph b
Paragraph 2
Article 16
Paragraph 1 SubParagraph a
Article 19
Paragraph 3
Date of the judgement
22 December 2009
Appeal history
None
CJEU's case law cited by the court
C-68/07 Kerstin Sundelind Lopez v Miguel Enrique Lopez Lizazo (Third Chamber) [2007] ECR I-10403
Summary
According to Article 19(3) of Regulation (EC) No 2201/2003, Italian courts do not have jurisdiction over an action for legal separation between a US citizen and a German citizen who were resident firstly in Germany and then in Italy, if at the time when the document instituting the proceedings in Italy was lodged pursuant to Article 16(1)(a) of said Regulation, German courts were already seised of the actions for legal separation and for divorce that are pending between the same parties, and said courts have affirmed jurisdiction on the basis of Article 3(1)(a) of said Regulation.

This website is written and maintained by the University of Aberdeen's Research Applications and Data Management Team