This contribution takes inspiration from recent case law of the Court of Justice of the European Union on the relationships between Regulation 2201/2003, on family matters and parental responsibility, and Regulation 4/2009, on maintenance obligations. These judgments, briefly analyzed, make it clear to what extent claims included in the scope of application of the two Regulations can be filed with the same court thanks to an ancillarity connection. Then this article examines the rules on jurisdiction established by Regulations 2016/1103 and 2016/1104 on the patrimonial effects of marriages and partnerships, respectively. The focus rests on the different degree of connection that enables the unitarity of the jurisdiction in the event of death, or in case of divorce, separation, annulment of the partnership or of the marriage, of dissolution of the partnership. Such differences impose an analysis of the possible cases of unique jurisdiction and of the interests granted thereby; and, on the opposite, of the cases where such concentration is not possible, the reasons why it should not and the margin of evaluation left to parties (spouses or partners) in the determination of the competent court.
Concentrazione delle azioni e accessorietà nella determinazione della giurisdizione nei regolamenti dell’Unione Europea relativi al diritto di famiglia
Silvia Marino
2020-01-01
Abstract
This contribution takes inspiration from recent case law of the Court of Justice of the European Union on the relationships between Regulation 2201/2003, on family matters and parental responsibility, and Regulation 4/2009, on maintenance obligations. These judgments, briefly analyzed, make it clear to what extent claims included in the scope of application of the two Regulations can be filed with the same court thanks to an ancillarity connection. Then this article examines the rules on jurisdiction established by Regulations 2016/1103 and 2016/1104 on the patrimonial effects of marriages and partnerships, respectively. The focus rests on the different degree of connection that enables the unitarity of the jurisdiction in the event of death, or in case of divorce, separation, annulment of the partnership or of the marriage, of dissolution of the partnership. Such differences impose an analysis of the possible cases of unique jurisdiction and of the interests granted thereby; and, on the opposite, of the cases where such concentration is not possible, the reasons why it should not and the margin of evaluation left to parties (spouses or partners) in the determination of the competent court.
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