PIL instrument(s)
Rome II
Case number and/or case name
20110325 Tribunal of Milan
Details of the court
Italy, First Instance
Articles referred to by the court
Rome II
Article 1
Paragraph 1
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 2 SubParagraph d
Paragraph 2 SubParagraph e
Paragraph 2 SubParagraph f
Paragraph 2 SubParagraph g
Paragraph 3
Paragraph 4
Date of the judgement
24 March 2011
Appeal history
None
CJEU's case law cited by the court
None
Summary
In a domestic parental responsibility dispute, the Court makes reference to Recital 32 of Regulation No 864/2007 in order to support the admissibility of non-excessive punitive damages, which are usually considered inconstitutional in the Italian legal system, when the action is deemed to be manifestly unfounded.

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