PIL instrument(s)

Case number and/or case name

ITF20140717 Tribunal of Treviso (Maint., HP)

Details of the court

Italy, First Instance

Articles referred to by the court

Date of the judgement

16 July 2014

Appeal history

CJEU's case law cited by the court

Summary

Pursuant to Art. 1 of Regulation (EC) No 4/2009 of 18 December 2009, Italian courts have jurisdiction over the claim for maintenance obligations towards the child brought by a Slovakian woman against the (Italian) father of her child, both the debtor-defendant and the creditor-child beeing resident in Italy. Under to Art. 15 of Regulation (EC) No 4/2009, the law applicable to maintenance obligations shall be determined in accordance with the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations in the member States bound by that instrument. Pursuant to Art. 3 of such Protocol, Italian law applies to the case at issue for it is the law of the State of the habitual residence of the creditor.