Case number and/or case name
ITF20121116 Tribunal of Milano, order (Maint Reg)
Details of the court
Italy, First Instance
Articles referred to by the court
Date of the judgement
15 November 2012
CJEU's case law cited by the court
Summary
Pursuant to Art. 3(c) of Regulation (EC) No 4/2009 of 18 December 2009, Italian courts have jurisdiction over the claim for maintenance between spouses as such claim is ancillary to the proceedings concerning the status of the spouses over which Italian courts have jurisdiction.
On the contrary, pursuant to Art. 3(d) of the same regulation, Italian courts do not have jurisdiction over the claim for maintenance obligations towards the children for it is ancillary to the proceedings concerning parental responsibility over which Italian courts do not have jurisdiction.