Case number and/or case name
ITS20060819 Court of Appeal of Milano
Details of the court
Italy, Second Instance
Articles referred to by the court
Date of the judgement
18 August 2006
CJEU's case law cited by the court
Summary
Pursuant to Article 42(1) of EC Council Regulation No 2201/2003, a judgment given by the courts of a Member State (France) ordering the return of a child to another Member State (Italy) is automatically recognised and enforceable in the second State without the need for a declaration of enforceability, if the judgment has been certified in the Member State of origin.
The Italian legal system does not provide for the possibility to confirm an out-of-court agreement between the natural parents of a child on the conditions for its return. Accordingly, said agreement can be automatically enforced in Italy only if it is incorporated in a judgment on the return of the child given in another Member State pursuant to Article 42(1) of Regulation (EC) No 2201/2003.