Traduction de «Decisione di allontanamento passata in giudicato » (Italien → Anglais) :

Under Article 1(4), any Member State may make punishable the act of denying or grossly trivialising the above-mentioned crimes only if these crimes have been established by a final decision of a national court of this Member State and/or an international court, or by a final decision of an international court only.

The Court holds that, once a decision of non-return has been taken and brought to the attention of the court of origin, it is irrelevant, for the purposes of issuing the certificate conferring enforceability on the decision of that court, that the initial decision of non-return has been suspended, reversed, set aside or, in any event, not become res judicata or has been replaced by a decision of return, in so far as the return of the child has not actually taken place.

4. Any Member State may, on adoption of this Framework Decision or later, make a statement that it will make punishable the act of denying or grossly trivialising the crimes referred to in paragraph 1(c) and/or (d) only if the crimes referred to in these paragraphs have been established by a final decision of a national court of this Member State and/or an international court, or by a final decision of an international court only.

Therefore, Community law does not require a national court to disapply its internal rules of procedure in order to review and reopen a final judicial decision if that decision should be contrary to Community law.

The decision became final on (date)

(b) In addition to this well-known situation, and without prejudice to the residual rule in subparagraph (c), subparagraph (b) adds another situation where, on the date on which the judgment on the matrimonial proceedings becomes final, in the sense that such a judgment cannot be the subject of any sort of appeal, proceedings in relation to parental responsibility are still pending and provides that jurisdiction will not cease until a judgment in the responsibility proceedings has become final; in any event in this situation jurisdiction on parental responsibility may be exercised even if the judgment allowing or refusing the applicatio ...[+++]n for divorce, legal separation or marriage annulment has become final.