ITALY Law and Practice Contributed by: Carlo Rimini and Rebecca Andrello, Studio dell’avv. prof. Carlo Rimini
tive element (intentionality), and has a main factual character, meaning that it has to be reconstructed based on the concrete case. • Citizenship – this refers to the legal status of a member of a State, with the assumption of a set of rights and obligations. • Domicile – the main centre of the business and interests of a person. This does not necessarily coincide with the place where a person de facto resides. Each party can contest jurisdiction, as can the judge (on their own motion). The issue of juris - diction has to be decided before the merits of the case, which can only be decided if Italian jurisdiction is correctly established. Lis Pendens According to Article 20 of EU Regulation 1111/2019, where two proceedings between the same parties are instituted before an Italian court and before the court of another EU mem - ber state (lis pendens), and if the foreign pro - ceedings started first, the Italian court (second seized) shall on its own motion stay proceed - ings until the jurisdiction of the foreign court (first seized) is established. If the jurisdiction of the foreign court is established, the Italian court shall decline jurisdiction in favour of the foreign court. If the jurisdiction of the foreign court is declined, the Italian judge can decide the case. This rule also applies if a separation proceeding and a divorce proceeding are simultaneously pending in Italy and in another EU member state. The factor taken into account by the Italian judge in deciding whether to issue a stay order is the chronological criterion. On the other hand, when the court first seized is the court of a non-member state (according to the Italian International Private Law), the Italian
court shall stay proceedings if the Italian judge believes that the foreign decision may produce effects and be executed in Italy. If the foreign court declines jurisdiction or if the foreign deci - sion cannot produce effects in Italy, the Italian judge can decide the case. This rule only applies if two identical proceedings are pending in Italy and in the foreign non-member state, meaning that it does not apply if separation proceedings and a divorce proceeding are simultaneously pending. Same-Sex Couples Same-sex couples are not permitted to marry in Italy, but they can enter into a civil union. Italian jurisdiction for the dissolution of a civil union is governed by the Italian International Private Law, Articles 3 and 32-quater of which state that Ital - ian jurisdiction is established if: • the respondent is resident or domiciled in Italy; • one of the parties is an Italian citizen; or • the civil union was established in Italy.
2. Financial Proceedings 2.1 Choice of Jurisdiction Finance issues include: • maintenance obligations; and • the matrimonial property regime.
The grounds for jurisdiction for commencing financial proceedings are ruled by two different EU Regulations. Maintenance Obligations According to Article 3 of EU Regulation 4/2009, Italian jurisdiction is established if:
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