PIL instrument(s)
Brussels I
Case number and/or case name
ITT20121018 Cass. n. 17845 (BI)
Details of the court
Italy, Third Instance
Articles referred to by the court
Brussels I
Article 23
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 1 SubParagraph c
Article 24
Date of the judgement
17 October 2012
Appeal history
None
CJEU's case law cited by the court
None
Summary
In a claim for breach of contract due to the failure to pay the relevant goods, which has been brought by an Italian company against a German company, the clause conferring jurisdiction to German courts does not exclude the jurisdiction of Italian courts if such clause lacks the signature of the claimant’s legal representative, as Article 23(1)(a) of Regulation (EC) No 44/2001 mandatorily requires the agreement conferring jurisdiction to be in writing

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