The application of Brussels IIa Regulation in the Italian legal order
Speaker: Professor Baruffi from the University of Verona in Italy. Professor Baruffi was also a member of the European Commission's Expert Group on the Revision of the Brussels IIa Regulation.
Having regard to national case-law, some critical issues arise from the application Brussels IIa Regulation (No 2201/2003) in the Italian legal order. Indeed, Italian judges face serious difficulties in addressing private international law aspects when called to decide a case on responsibility matters with transnational implications. Such issues include, for instance, establishing the Italian jurisdiction especially when matrimonial or maintenance matters are involved, determination of the habitual residence, prorogation of jurisdiction under Art. 12, international lis pendens (Art. 19), hearing of the child, return procedure in child abduction cases, coordination with other international or national instruments and further procedural aspects. These items will be considered also in light of the proposal for recast of Brussels IIa.
Venue: New King's NK3