The Grand Chamber of the European Court of Human Rights decides in the Paradiso Campanelli case: there was no violation of article 8

On the 27 of January the Grand Chamber of the European Court of Human Rights in Strasbourg rendered the FINAL DECISION on the sensitive issue of surrogate motherhood, examining the case of the Italian spouses Paradiso and Campanelli. The facts are well known: In 2011 the Italian couple went to Russia in order to have a … Continue reading The Grand Chamber of the European Court of Human Rights decides in the Paradiso Campanelli case: there was no violation of article 8

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

ECHR “Casarrubios” on the Hearing of the Child: age and maturity are not the only factors to be taken into account

Hearing of the Child: age and maturity are not the only factors to be taken into account, but refusal to hear the child who wants to be heard must be well reasoned On ECtHR Casarrubios et Cantalapiedra Iglesias v. Espagne of 11 October 2016 The ECtHR had a recent occasion to further clarify the relevance … Continue reading ECHR “Casarrubios” on the Hearing of the Child: age and maturity are not the only factors to be taken into account

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?

The ECHR confirms discretion of States to refuse marriage to same-sex couples

“The State must provide for rights and legal recognition for same-sex couples, but is not forced to extend the marriage to these couples”. Such statement was made by the European Court of Human Rights in the recent decision Chapin and Charpentier vs. France, handed down on 9 June 2016 (affaire CHAPIN v. FRANCE, Requête no 40183/07). … Continue reading The ECHR confirms discretion of States to refuse marriage to same-sex couples

CJEU case law on RECOGNITION and ENFORCEMENT of judgments

Below you can find all the decisions of the Court of Justice on Recognition and Enforcement of Judgments. No. ECLI identifier Name Arts. Key terms Operative part of the judgment 23. EU:C:2008:406 11/7/2008 Rinau, C-195/08 PPU Arts. 11 (8) 31 (1) 40 42 Application for non‑recognition of a decision requiring the return of a child wrongfully retained … Continue reading CJEU case law on RECOGNITION and ENFORCEMENT of judgments

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

Abduction cases – Recognition and Enforcement of Judgments

An important innovation introduced by this Regulation is the abolition of exequatur, or the filing of a request in a domestic court to declare a foreign judgment enforceable. As a result, the rights of access granted in a judgment are recognized and enforceable automatically in another Member State, provided that the judge who decided on … Continue reading Abduction cases – Recognition and Enforcement of Judgments

Divorce and parental responsibility – Recognition and Enforcement of Judgments

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 another EU country when it has been declared enforceable there at the request of any … Continue reading Divorce and parental responsibility – Recognition and Enforcement of Judgments