Summary
Pursuant to Article 2 of Regulation (EC) No 44/2001, Italian courts have jurisdiction over a claim brought by the heirs of one of the joint-holders of a bank account at a bank agency in Austria against the heir of the other joint-holder, an Italian citizen residing in Italy, to ascertain the claimants’ right that the bank shall release to them the whole amount deposited in said account. The exclusive choice of court clause in favour of the Austrian courts, that is stipulated in the contract with the bank, is irrelevant in this case.