Case number and/or case name
ITF20030520 Tribunal of Florence (BI, BII)
Details of the court
Italy, First Instance
Articles referred to by the court
Date of the judgement
19 May 2003
CJEU's case law cited by the court
Summary
An application to vary the economic conditions of a legal separation falls within the scope of application of the Regulation (EC) No 1347/2000.
Given the difference between maintenance (mantenimento) and support (alimenti), a question concerning the variation of maintenance orders is not a matter relating to maintenance (materia di obbligazioni alimentari) within the meaning of Article 5(2) of the Regulation (EC) No 44/2001.
Pursuant to Article 2(1) of the Regulation (EC) No 1347/2000, Italian courts have jurisdiction if the spouses were last habitually resident in Italy and one of them still resides there.
Pursuant to Article 11(2) of Regulation (EC) No 1347/2000, proceedings pending in Italy concerning the variation of the conditions of a legal separation cannot be stayed due to the fact that proceedings concerning the dissolution of the marriage and ancillary economic provisions between the same parties are pending before an English court, if the Italian court is the court first seised.