«When separation proceedings are taking place in a Member State other than where the child is not habitually resident, the best interests of the child and the proximity criterion, as provided by whereas 12 and 13 of Brussels II a
As we announced in a previous post, on last June 17th the Bicocca University of Milano hosted a Judicial Training on divorce and parental responsibility, which was part of the program “EU Judiciary Training on Brussels IIa Regulation: From South
The University of Milano-Bicocca will host on 17 June 2016 a Judicial Training on divorce and parental responsibility, part of the program “EU Judiciary Training on Brussels IIa Regulation: From South to East”, co-funded by the Justice Programme of
Below you can find all the decisions of the Court of Justice on Jurisdiction in divorce and prorogation of jurisdiction. No. ECLI identifier Name Arts. Key terms Operative part of the judgment 7. EU:C:2007:740 29/11/2007 Sundelind Lopez, C-68/07 Arts. 3
Below you can find all the decisions of the Court of Justice on Lis pendens and Provisional measures No. ECLI identifier Name Arts. Key terms Operative part of the judgment 19. EU:C:2015:654 6/10/2015 A v. B C-489/14 Arts. 16 19
Below you can find all the decisions of the Court of Justice on Scope and definitions. No. ECLI identifier Name Arts. Key terms Operative part of the judgment 1. EU:C:2007:714 27/11/2007 C, C-435/06 Art. 1 (1) Definition of civil matters
The Regulation establishes a general jurisdiction rule based on the habitual residence of the child to ensure a real link between the child and the Member State exercising jurisdiction. Per Article 8 Council Regulation (EC) No. 2201/2003- “The courts
The Regulation establishes a general jurisdiction found in Article 3 in matters relating to “legal separation” and “marriage annulment”. A court in a member state has jurisdiction to entertain an action for divorce, separation, or nullity where: Both spouses
The situation becomes more complicated when determining the applicable law, as the Regulation does not directly deal with conflict of laws, as it does not contain rules to determine which law applies to cross-border disputes. The general assumption is that
Under the Regulation, any EU country must automatically recognise judgements given in another EU country on parental responsibility matters. A judgment on the exercise of parental responsibility enforceable in the EU country where it was issued can be enforced in
Ultimo aggiornamento 12/Giu/2023 alle 13:58
Questo sito è stato progettato, sviluppato e gestito da UFFICIO WEB - AREA SISTEMI INFORMATIVI