Rome: important conference on European Integration

Last 24th of March, for the occasion of the 60th anniversary of the signing of the Treaties of Rome, “Roma 3 University” has organized a major conference entitling EUROPEAN INTEGRATION AND SUPRANATIONALISM. The conference began in joint session for the greetings and thanks, and then proceed with two parallel sections, both very interesting (see program … Continue reading Rome: important conference on European Integration

Italy – The Court of Appeal of Trento recognizes the parent-child relationship between two children born to a surrogated mother and a non-biological father

On the 23 February 2017, the Court of Appeal of Trento rendered a landmark order which gave legal effect in Italy to a Canadian decision on the issue of children born from surrogacy to a same-sex couple. The children, both now aged 6, were born in Canada to a surrogate mother through artificial insemination of … Continue reading Italy – The Court of Appeal of Trento recognizes the parent-child relationship between two children born to a surrogated mother and a non-biological father

The Economist focusing on International Child Abduction

Both the on-line and the printed issue of The Economist (February,18th 2017), devote a long and well-argued article to the increasing plague of International Child Abduction. Multi-national families are often facing hard battles to avoid (in the best cases) or to manage (more often) dramatic break up. Kate Baggott and her two children live in … Continue reading The Economist focusing on International Child Abduction

Italy: Enacted the new Statute on civil Unions

Last week (on January 27) the Official Gazette of Italian Law has published the final version of a Legislative Decree (D.Lgs. 19 gennaio 2017, n. 7) which finally provides the international law rules for the regulation of civil unions. This decree makes some important changes to the Italian act on private international law (L. 31 maggio … Continue reading Italy: Enacted the new Statute on civil Unions

Italy – Italian Supreme Court clarifying principles about applicable law and recognition of foreign decisions in divorce matters

The Italian Supreme Court (Corte Suprema di Cassazione, Sezione Prima Civile), with a decision published on the 1st of December (n. 24542/2016), has determined that the foreign judgment on divorce should be recognized in Italy although it hangs a separation procedure. In particular, this occurs when the foreign law does not provide for the institute … Continue reading Italy – Italian Supreme Court clarifying principles about applicable law and recognition of foreign decisions in divorce matters

Spain – On the use of mediation for the enforcement of a return order of children in a child abduction case

The decision of the Provincial Court (Audiencia Provincial) of Barcelona nº 573/2013 of 1 October 2013, though rendered some years ago, outstands as it considers the use of mediation in the enforcement of a child return order in a child abduction case. The facts were as follows: a couple, having two children, was habitually resident … Continue reading Spain – On the use of mediation for the enforcement of a return order of children in a child abduction case

Jurisdiction on marriage annulment: can a daughter claim the annulment of the marriage of her parent after the death of one of them?

It is the first time ever that the issue of marriage annulment is the subject of a ruling of the European Court of Justice. The facts of the case are however more complex than this limited issue. On 20 November 2012, Mrs. Mikołajczyk (a daughter) brought an action before the Regional Court of Warsaw, Poland, … Continue reading Jurisdiction on marriage annulment: can a daughter claim the annulment of the marriage of her parent after the death of one of them?

JURISDICTION ON DIVORCE AND SEPARATION PROCEEDINGS DOES NOT ALWAYS IMPLY JURISDICTION ON CUSTODY OF THE CHILD WHO IS RESIDENT ABROAD

«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 Regulation, require a separate assessment of the two issues and not to give jurisdiction on … Continue reading JURISDICTION ON DIVORCE AND SEPARATION PROCEEDINGS DOES NOT ALWAYS IMPLY JURISDICTION ON CUSTODY OF THE CHILD WHO IS RESIDENT ABROAD

A LESSON WITH NIGEL LOWE ON THE 1996 HAGUE CONVENTION ON THE PROTECTION OF MINOR

Nigel Lowe, Emeritus Professor at Cardiff University, held a lecture on 5 May 2016 at the University of Milan-Bicocca on the 1996 Hague Child Protection Convention and its relationships with the Brussels II Regulation – a current topic in the Italian legal system, due to the entry into force of the 1996 Convention on 1 … Continue reading A LESSON WITH NIGEL LOWE ON THE 1996 HAGUE CONVENTION ON THE PROTECTION OF MINOR

CJEU – Judgments

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 Art. 1(1) of the Brussels II bis Regulation Judicial cooperation in civil matters – Jurisdiction, … Continue reading CJEU – Judgments