Italy – Best interests of the child: presentation of new book at BookCity Milano

Next week the city of Milan will host Bookcity Milano 2016, an important event about publishing, books, and culture in general: a four days marathon of conferences, presentations and other interesting initiatives on communication and digital media (see official website Bookcitymilano.it for more details and the complete program). On Sunday (November 20), upon the anniversary … Continue reading Italy – Best interests of the child: presentation of new book at BookCity Milano

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?

EFFECTS OF THE REFUSAL TO REGISTER IN THE ITALIAN PUBLIC REGISTER OF A FOREIGN DECISION ON DIVORCE

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 di sentenza straniere di divorzio di cui è stata rifiutata la trascrizione, published in “Famiglia … Continue reading EFFECTS OF THE REFUSAL TO REGISTER IN THE ITALIAN PUBLIC REGISTER OF A FOREIGN DECISION ON DIVORCE

THE 1996 AND 2007 HAGUE CONVENTIONS SIGNED BY TURKISH GOVERNMENT

Last July the news that the Turkish government had decided to suspend the European Convention on Human Rights had raised serious concerns about an authoritarian drift of policy (see article on The Telegraph).   Last week came a rather more encouraging news. In fact, as confirmed by the official HCCH.net website, On 7 October 2016 … Continue reading THE 1996 AND 2007 HAGUE CONVENTIONS SIGNED BY TURKISH GOVERNMENT

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

HIGHLIGHTS AND PICTURES FROM THE JUDICIAL TRAINING ON DIVORCE AND PARENTAL RESPONSIBILITY (Milano, 17 June 2016)

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 to East”, co-funded by the Justice Programme of the European Union.  The event program included … Continue reading HIGHLIGHTS AND PICTURES FROM THE JUDICIAL TRAINING ON DIVORCE AND PARENTAL RESPONSIBILITY (Milano, 17 June 2016)

Milan, 17 June 2016: JUDICIAL TRAINING ON DIVORCE AND PARENTAL RESPONSIBILITY UNDER THE BRUSSELS II BIS REGULATION

  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 the European Union. Training is achieved through discussion of real cases – drawn from ECJ … Continue reading Milan, 17 June 2016: JUDICIAL TRAINING ON DIVORCE AND PARENTAL RESPONSIBILITY UNDER THE BRUSSELS II BIS REGULATION

CJEU case law on JURISDICTION

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 6 7 Jurisdiction in divorce proceedings Respondent not a national or a resident of a … Continue reading CJEU case law on JURISDICTION

CJEU case law on LIS PENDENS and PROVISIONAL MEASURES

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 (1) 19 (3) Lis pendens between judicial separation proceedings and divorce proceedings in a second … Continue reading CJEU case law on LIS PENDENS and PROVISIONAL MEASURES

CJEU case law – SCOPE and DEFINITIONS

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 Decision concerning the taking into care and placement of children outside the family home 1. … Continue reading CJEU case law – SCOPE and DEFINITIONS