CELEX: 62014CA0184
Language: en
Date: 2015-07-16 00:00:00
Title: Case C-184/14: Judgment of the Court (Third Chamber) of 16 July 2015 (request for a preliminary ruling from the Corte suprema di cassazione (Italy)) — A v B (Reference for a preliminary ruling — Judicial cooperation in civil and commercial matters — Jurisdiction in matters relating to maintenance obligations — Regulation (EC) No 4/2009 — Article 3(c) and (d) — Matter relating to maintenance in respect of minor children concurrent with the parents’ separation proceedings, brought in a Member State other than that in which the children are habitually resident)

14.9.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 302/8
            
         Judgment of the Court (Third Chamber) of 16 July 2015 (request for a preliminary ruling from the Corte suprema di cassazione (Italy)) — A v B
   (Case C-184/14) (1)
   
   ((Reference for a preliminary ruling - Judicial cooperation in civil and commercial matters - Jurisdiction in matters relating to maintenance obligations - Regulation (EC) No 4/2009 - Article 3(c) and (d) - Matter relating to maintenance in respect of minor children concurrent with the parents’ separation proceedings, brought in a Member State other than that in which the children are habitually resident))
   (2015/C 302/10)
   Language of the case: Italian
   
      Referring court
   
   Corte suprema di cassazione
   
      Parties to the main proceedings
   
   
      Applicant: A
   
      Defendant: B
   
      Operative part of the judgment
   
   Article 3(c) and (d) of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations must be understood as meaning that, in the event that a court of a Member State is seized of proceedings involving the separation or dissolution of a marital link between the parents of a minor child and a court of another Member State is seized of proceedings in matters of parental responsibility involving that same child, an application relating to maintenance concerning that child is ancillary only to the proceedings concerning parental responsibility, within the meaning of Article 3(d) of that regulation.
   
      (1)  OJ C 194, 24.6.2014.