In the last issue we already reported that from 01.08.2022 new European rules on matrimonial matters and parental responsibility would come into force, which would automatically recognise "private divorces" in the European area, i.e. such consensual divorces that can be concluded with alternative proceedings before the court (in Italy through lawyer-assisted negotiations or before the Italian civil registry office).

The new rules only apply to private divorces concluded after 01.08.2022. For earlier cases, on the other hand, the question remained open until the decision of the ECJ, which was concerned with the interpretation of the specific provision of European Regulation 2201/2003 (now repealed). In its judgment of 15.11.2022 (Case C-646/20), the European Court of Justice definitively clarified that a consensual divorce certificate drawn up by a registrar of the Member State of origin, which complies faithfully with the conditions laid down before the registrar by the legislation of that Member State, constitutes a "judgment" within the meaning of Article 2(4).