Maintenance obligations

Italy

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Italy

FINDING COMPETENT COURTS/AUTHORITIES

The search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument. Please note that although every effort has been made to ascertain the accuracy of the results, there may be some exceptional cases concerning the determination of competence that are not necessarily covered.

Italy

Familiy law - maintenance obligations


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Article 71 1. (a) - Courts for application for a declaration of enforceability and courts for appeal against decisions on such applications

The courts competent to deal with applications to obtain a declaration of enforceability under Article 27(1) and with appeals against decisions on such applications within the meaning of Article 32(2) are the appeal courts.

Details of these authorities can be found on the website https://www.giustizia.it/giustizia (giustizia map – strutture giudiziarie – tribunali ordinari).

Article 71 1. (b) - Redress procedure

The redress procedures referred to in Article 33 are the ordinary and extraordinary procedures for contesting such decisions: appeal to the Court of Cassation, revocation by the same court (revocazione), and third-party challenges (opposizione di terzo).

Article 71 1. (c) - Review procedure

The authority competent to deal with reviews within the meaning of Article 19 is the same authority that issued the decision; the application is to be made under the rules of procedure used for the adoption of the decision under review.

The contact details for these authorities can be found here.

Article 71 1. (d) - Central Authorities

The Central Authority is the Department of Juvenile Justice within the Ministry of Justice:

Ministero della Giustizia

Dipartimento per la Giustizia minorile e di comunità

via Damiano Chiesa 24

00136 Roma

Tel.: +39 6 68188326; +39 6 68188331

Fax No: +39 6 68188323

E-mail : autoritacentrali.dgmc@giustizia.it

Certified e-mail address: prot.dgmc@giustiziacert.it

Article 71 1. (f) – Competent authorities for enforcement

The competent authorities in matters of enforcement for the purposes of Article 21 are the ordinary courts (second paragraph of Article 9 of the Italian Code of Civil Procedure).

Article 71 1. (g) - Accepted languages for translations of documents

The language accepted for translations of the documents referred to in Articles 20, 28 and 40 is Italian.

Article 71 1. (h) - Languages accepted by Central Authorities for communication with other Central Authorities

The language accepted by the Central Authority for communication with other Central Authorities referred to in Article 59 is Italian.

Last update: 11/01/2024

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