Case number and/or case name
ITF20120710 Tribunal of Milan, order (BIIa, Maint Reg)
Summary
Pursuant to Art. 3(b) of Regulation (EC) No 2201/2003, Italian courts have jurisdiction over an action for divorce of a couple living in Switzerland, as both spouses are Italian citizens.
On the contrary, pursuanto to Art. 8 of Regulation (EC) No 2201/2003, Italian courts do not have jurisdiction to hear the claim in matters of parental responsibility over the two children of the couple for they have their habitual residence in Switzerland. Nor could Art. 12 of the mentioned regulation be invoked in the case at issue, since the jurisdiction of the Italian court seised by the mother-claimant was not accepted by the father-defendant who expressly contested it in his first appearance and, moreover, brought proceedings having the same cause of action before the Swiss court of the residence of the children.
Pursuant to Art. 3(a), b) and d) of Regulation (EC) No 4/2009 of 18 December 2009, applicable to the case at issue, Italian courts do not have jurisdiction to hear the claim concerning maintenance obligations of the parents towards their children, as both the children-creditors and the parents-debtors reside in Switzerland and Italian courts lack jurisdiction to entertain the proceedings concerning parental responsibiliy over them.
On the contrary, under Art. 3(c) of Regulation (EC) No 4/2009, Italian courts have jurisdiction over the claim for maintenance of the wife towards his husband, since such claim is ancillary to the proceedings concerning the spouses’ status over which Italian courts have jurisdiction.