Summary
Pursuant to Article 5(5) of Regulation (EC) No 44/2001, the Tribunal of Milan has jurisdiction over a claim for the performance of a subcontract brought against a French company with a secondary seat in Milan, where said company has a structured center that steadily appears as the extension of the company’s head office, has its own management and is set up so as to do business with third parties. Like the provisions at Article 5, paragraphs from 1 to 4 of Regulation (EC) No 44/2001, Article 5(5) directly identifies the domestic court which is territorially competent, and therefore the rules on venue provided at Articles 18 et seq. of the Code of Civil Procedure do not apply.