Case number and/or case name
ITF20140324 Tribunal of Milano (BIIa, Maint.)
Summary
Under Art. 3 of Regulation (EC) No 2201/2003 of 27 November 2003, Italian courts have jurisdiction over the claim for legal separation of two Ukranian citizens, as they are both habitually resident in Italy and Italian law is applicable the claim for the reason that the common national law of the spouses, i.e. Ukranian law, does not provide for separation but only for divorce.
Pursuant to Art. 8 of Regulation (EC) No 2201/2003, Italian courts did have jurisdiction in matters of parental responsibility over the two children of the couple, for they were habitually resident in Italy and Italian law was applicable to the case under Art. 42 of Law No 218/1995 and Art. 2 of the 1961 Convention concerning the powers of authorities and the law applicable in respect of the protection of infants, even though a decision in matters of custody and right of access (of the father, in the case at issue) over the mentioned children is no more necessary as, meanwhile, they have come of age.
As to ancillary claims, pursuant to Art. 3(a), b) and d) of Regulation (EC) No 4/2009 of 18 December 2009, Italian courts have jurisdiction to hear the claim for maintenance obligations of the father towards his sons. Under Art. 36-bis of Law No 218/1995 (in force from 7 Febuary 2014) Italian law applies to such issue.
Under Art. 3(a), b) and c), Italian courts have jurisdiction also over the claim brought by the Ukranian woman seeking maintenance from his husband. Italian law governs also this issue for the reasons mentioned above with regard to the claim concerning the status.