Resumen de La prima decisione sul Regolamento Roma III e la legge italiana sul divorzio: le difficoltà del giudice straniero il cui ordinamento non conosca l’istituto della separazione legale
EU Member States have different understanding as to divorce and separation proceedings. While some States only have divorce and do not know separation proceedings, others will consider both proceedings as alternative remedies in matrimonial claims. Italy is the only MS where a legal separation proceeding is a necessary precondition to file a divorce application. When a proceeding in matrimonial matters is governed by the Italian law, as made applicable by the Rome III EU Regulation, but the claim is brought in a forum that has no knowledge of separation, delicate PIL issues arise. Such an issue was referred for preliminary ruling to the Court of Justice of the European Union (CJEU), the case JE v KF (case C-249/19 JE (Law applicable to divorce) ECLI:EU:C:2020:570). The Insight critically assesses the decision given by the Court, suggesting that the attempt to provide for a practical solution is in fact inconsistent with the aim of the Regulation to provide certainty in the applicable law.
