A recent decision of the Milan Tribunal rejecting the application for amendment of a settlement in a divorce proceeding held in an non-EU State is the subject of an interesting article (in Italian) by Sara Bernasconi, Sulla domanda di modifica
«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
The recast proposal of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (hereafter, “the Proposal”) was published
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
The CJEU case law on the Brussels II bis Regulation No ECLI identifier Name of the case and number in the register Interpreted instrument and relevant provision(s) Key terms Operative part of the judgment 1. EU:C:2007:714 C, C-435/06
Generally the courts of the child’s former habitual residence retain jurisdiction although the child is no longer physically present in this jurisdiction, if the child is wrongfully removed or retained, particularly after visiting a person having a right of access.
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