Case number and/or case name
ITF20140709 Tribunal of Roma (BI)
Details of the court
Italy, First Instance
Articles referred to by the court
Brussels I
Article 19
Paragraph 1
Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Article 60
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Paragraph 1
SubParagraph c
Date of the judgement
08 July 2014
CJEU's case law cited by the court
Summary
Pursuant to Articles 18, 19, and 60(1) of Regulation (EC) No 44/2001, Italian courts have jurisdiction over an action brought for the annulment of a disciplinary measure against the Italian Ministry for Foreign Affairs by an Italian employee hired by the Italian embassy in Santo Domingo. The provisions of Regulation No 44/2001 apply notwithstanding Article 154 of Presidential Decree 5 January 1967 No 18 as amended by Legislative Decree 7 April 2000 No 18. Under Article 21 of the Regulation, the clause in the employment contract to derogate from the jurisdiction of the Italian courts is invalid both because it was entered into prior to the arisal of the dispute and because it creates an obligation upon the employee to lodge his claim before a court other than the one provided under the Regulation.