PIL instrument(s)
Brussels I
Case number and/or case name
ITF20121024 Tribunal of Bologna (BI)
Details of the court
Italy, First Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 3
Date of the judgement
23 October 2012
Appeal history
None
CJEU's case law cited by the court
Summary
Pursuant to Article 5(3) of Regulation (EC) No 44/2001, Italian courts do not have jurisdiction over an action brought against an Irish company for the infringement of the provisions on unfair competition laid down by Article 2598 of the Civil Code, which infringement arises from the fact that the defendant has offered on the market, and namely on the English market, components that reproduce patents deposited by the plaintiff, thereby putting in place conducts apt to generating confusion on the specific market concerned. In fact, in such a case the English market is the place where the harmful event occurred.

This website is written and maintained by the University of Aberdeen's Research Applications and Data Management Team