PIL instrument(s)

Case number and/or case name

ITF20060801 Tribunal of Brindisi

Details of the court

Italy, First Instance

Articles referred to by the court

Date of the judgement

31 July 2006

Appeal history

CJEU's case law cited by the court

Summary

Article 12(3) of Regulation (EC) No 2201/2003 provides that the courts of a Member State shall have jurisdiction in relation to parental responsibility if the child has a substantial connection with that Member State and their jurisdiction has been accepted. Italian courts have jurisdiction to authorise a Greek citizen – who has accepted said jurisdiction – to accept, with benefit of inventory, in the name and on behalf of his minor daughter (a Greek/Italian citizen residing in Greece) an inheritance that has been received by the latter from her mother by way of a mortis causa succession and that relates to assets located in Italy.