Case C-386/17: Judgment of the Court (First Chamber) of 16 January 2019 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Stefano Liberato v Luminita Luisa Grigorescu (Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and recognition and enforcement of judgments on maintenance obligations — Regulation (EC) No 44/2001 — Article 5(2) — Article 27 — Article 35(3) — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 19 — Lis pendens — Article 22(a) — Article 23(a) — Non-recognition where the decisions are manifestly contrary to public policy — Article 24 — Prohibition of review of jurisdiction of the court of origin — Ground for the non-recognition based on a breach of the rules of lis pendens — Absence)
Date: 2019-01-16
Institutions: Court of Justice
Subjects: enforcement of ruling, judicial cooperation in civil matters in the EU, judicial review, judicial separation, jurisdiction, maintenance obligation, parental responsibility, public policy








C_2019093EN.01001001.xml










11.3.2019   


EN


Official Journal of the European Union


C 93/10






Judgment of the Court (First Chamber) of 16 January 2019 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Stefano Liberato v Luminita Luisa Grigorescu
(Case C-386/17) (1)

((Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction and recognition and enforcement of judgments on maintenance obligations - Regulation (EC) No 44/2001 - Article 5(2) - Article 27 - Article 35(3) - Jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility - Regulation (EC) No 2201/2003 - Article 19 - Lis pendens - Article 22(a) - Article 23(a) - Non-recognition where the decisions are manifestly contrary to public policy - Article 24 - Prohibition of review of jurisdiction of the court of origin - Ground for the non-recognition based on a breach of the rules of lis pendens - Absence))
(2019/C 93/12)
Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings


Appellant: Stefano Liberato

Respondent: Luminita Luisa Grigorescu

Operative part of the judgment

The rules of lis pendens in Article 27 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and Article 19 of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 must be interpreted as meaning that where, in a dispute in matrimonial matters, parental responsibility or maintenance obligations, the court second seised, in breach of those rules, delivers a judgment which becomes final, those articles preclude the courts of the Member State in which the court first seised is situated from refusing to recognise that judgment solely for that reason. In particular, that breach cannot, in itself, justify non-recognition of a judgment on the ground that it is manifestly contrary to public policy in that Member State.


(1)  OJ C 338, 9.10.2017.