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Case C-184/14: Request for a preliminary ruling from the Corte Suprema di Cassazione (Italy) lodged on 14 April 2014 — A v B

ECLI:EU:UNKNOWN:62014CN0184

62014CN0184

April 14, 2014
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24.6.2014

EN

Official Journal of the European Union

C 194/16

(Case C-184/14)

2014/C 194/20

Language of the case: Italian

Referring court

Parties to the main proceedings

Appellant: A

Cross-appellant: B

Question referred

May the decision on a request for child maintenance raised in the context of proceedings concerning the legal separation of spouses, being ancillary to those proceedings, be taken both by the court before which those separation proceedings are pending and by the court before which proceedings concerning parental responsibility are pending, on the basis of the prevention criterion, or must that decision of necessity be taken only by the latter court, as the two distinct criteria set out in points (c) and (d) of [Article 3 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] (1) are alternatives (in the sense that they are mutually exclusive)?

(1)

OJ 2009 L 7, p. 1.

Language of the case: Italian

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