Abstract: In application of art. 3 Brussels II-bis a spouse can only have one habitual residence even if he/she share his/her time between two Member States. The court has the duty to establish his/her habitual residence taking into account the place where such person has the main centre of his or her interests and a stable presence....
Abstract: Upon probably the last reference from the UK on Family Law, in SS (case C-603/20 PPU ECLI:EU:C:2021:231) the CJEU was asked to rule, on the application of art. 10 of Brussels II-bis where a child, formerly habitually resident in a Member State, is abducted to and becomes resident in a third State. This Insight....
Abstract: EU Member States have different understanding as to divorce and separation proceedings. While some States only have divorce and do not know separation proceedings, others will consider both proceedings as alternative remedies in matrimonial claims. Italy is the only MS where a legal separation proceeding is a necessary precondition to file...
Abstract: The preliminary questions of the Supreme Court of Lithuania in case E.E. (C-80/19) presented a unique opportunity to provide a more detailed and comprehensive interpretation of several provisions of the Succession Regulation. Responding to them, in its judgment of 16 July 2020 the CJEU discussed the understanding of the cross-...
Abstract: The impact of the protection of fundamental rights is a factor of increasing importance for the interpretation of EU private international law. In matters of parental responsibility, the application of the rules on jurisdictional competence contained in the Regulation (EC) 2201/2003 can have a significant bearing on the rights of the child...
Abstract: International jurisdiction, recognition and enforcement of judgments in Europe will be considerably affected by Brexit. The Brussels I regime threatens to fall back from the Recast Regulation to the outdated 1968 Convention, which the Withdrawal Agreement intends to prevent. An alternative might be the UK’s accession to the 2007 Lugano...
Abstract: Brexit will lead the United Kingdom to exit from the European judicial area. The different European rules, dealing with judicial competence, conflicts of laws and the recognition of judicial decisions, will not apply anymore. Legal certainty is at risk, for persons exercising free movement and for commercial exchanges. Hence the need to...
Abstract: In a recent ruling (judgment of 2 June 2016, case C-438/14, Bogendorff von Wolffersdorff) concerning the recognition in a Member State of the name and surname of a dual national, freely chosen in another Member State and containing a number of tokens of nobility, the Court of Justice focused on the proportionality of the...
Abstract: The intersections between recognition and enforcement of foreign decisions in civil and commercial matters and protection of fundamental rights have been a subject of growing interest in the recent case-law of the European Court of Human Rights. The judgment of the Grand Chamber in Avotiņš v. Latvia is especially relevant, insofar...
Abstract: In its decision of 9 September 2015 in case C-4/14, Bohez v. Wiertz, the CJEU dealt with the enforcement in a Member State of a penalty payment (astreinte) imposed, under Regulation (EC) 2201/2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental...
