PIL instrument(s)

Case number and/or case name

ITF20131112 Tribunal of Belluno (Maint., HP)

Details of the court

Italy, First Instance

Articles referred to by the court

Date of the judgement

11 November 2013

Appeal history

CJEU's case law cited by the court

Summary

Regulation (EC) No 4/2009 applies to a maintenance claim lodged in favour of her daughter by a Moroccan national habitually residing in Italy against her Moroccan husband also habitually residing in Italy; in fact, pursuant to Article 1 of such Regulation, the notion of maintenance obligations, in the autonomous interpretation provided by EU law and in light of the prevailing aim of providing support to the party in need, applies to “maintenance obligations arising from a family relationship, parentage, marriage or affinity” including the maintenance obligations provided by Italian law. Pursuant to Article 3(a) and (b) of Regulation (EC) No 4/2009, Italian courts have jurisdiction – to be assessed by the court of its own motion pursuant to Article 10 of the same Regulation – over a maintenance claim lodged in favour of her daughter by a Moroccan national habitually residing in Italy against her Moroccan husband also habitually residing in Italy provided that, on the basis of a factual assessment, at the moment the claim is lodged each party has actually and stably established in Italy their centre of main interests and relations, being irrelevant that they are third-state nationals. With reference to the same dispute, Italian courts have jurisdiction also pursuant to Article 5 of Regulation (EC) No 4/2009 provided that the defendant filed an appearance without contesting jurisdiction, thus tacitly prorogating Italian jurisdiction. Pursuant to Article 3 of The Hague Protocol of 23 November 2007 (referred to by Article 15 of Regulation (EC) No 4/2009 and provisionally applicable as indicated by Article 76 of the same Regulation) such dispute is governed by Italian law as the habitual residence of the creditor is in Italy. Pursuant to Article 4(3) of the same Protocol, Italian law also applies as lex fori. Pursuant to Article 14 of the same Protocol, in establishing the amount of maintenance, both the needs of the creditor and the debtor’s resources shall be taken into account by the court, regardless of the fact that the applicable law provides differently.