Case number and/or case name
ITT20121120 Cass. n. 20382/2012 (BI)
Details of the court
Italy, Third Instance
Articles referred to by the court
Date of the judgement
19 November 2012
CJEU's case law cited by the court
Summary
The proceedings for the enforcement of a German judgment on maintenance obligations is governed by Regulation (EC) No 44/2001, since the applicable provisions are those that were in force when the enforcement proceedings were commenced. The fact that the judgment for which enforcement is sought was rendered in 1998 and the underlying proceedings on the merits were commenced in 1989 is irrelevant. Ex parte proceedings pursuant to Articles 38 et seq. of Regulation (EC) No 44/2001 do not entail an infringement of rights to defense, the full exercise of such rights being allowed by the adversarial proceedings commenced at the opposition stage.