PIL instrument(s)
Brussels IIa
Case number and/or case name
ITT20061220 Cass. 27188/2006
Details of the court
Italy, Third Instance
Articles referred to by the court
Brussels IIa
Article 28
Paragraph 1
Paragraph 2
Date of the judgement
19 December 2006
Appeal history
None
CJEU's case law cited by the court
None
Summary
A decision of an Italian court that – amending a previous judgment issued by it – replaces a parent with the other as the person having the custody of a child does not authorise the parent to whom custody has been subsequently granted to abduct and remove the child from the State where the child resides before having applied for and obtained from the courts of said State a declaration of enforceability of the aforesaid decision pursuant to Article 28 of the Regulation (EC) No 2201/2003.

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