Summary
Pursuant to Article 5(3) of Regulation (EC) No 44/2001, Italian courts have jurisdiction over a negative declaratory action for the alleged liability from which would stem a right to compensation in favour of the defendant – a company with seat in France – for the production and trade by the claimant company of goods that are identical to those manufactured by the defendant. Pursuant to the same provision, Italian courts also have jurisdiction over an action for compensation for the damages suffered as a result of the interruption of the distribution of the goods, as the damage may only have occurred – or may only occur in the future – in the place where the goods are manufactured and sold, i.e., in Italy, where the claimant company has its legal, administrative and managing seat. In fact, it is irrelevant that the similarity among said goods was ascertained at a fair in Germany and that an injunction was here issued in an ex parte proceeding at the defendant’s motion, prohibiting the manufacturing and distribution of the goods and suspending – as a precautionary measure – the claimant’s activity in Germany. In an alleged tort and competition infringement arisen from an advertisement of a product on the Internet, Italian courts have jurisdiction both because the conduct was carried out in Italy, at the place where the server is situated, and because the seat of the advertiser is in Italy, as this has to be construed as the place where the company has its registered office.