Case number and/or case name
ITT50120405 Cass. n. 5487 (BI)
Details of the court
Italy, Third Instance
Articles referred to by the court
Brussels I
Article 43
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Date of the judgement
04 April 2012
CJEU's case law cited by the court
Summary
Pursuant to Article 34(1) of Regulation (EC) No 44/2001, a Spanish judgment which orders to the directors of an insolvent company to personally pay an unsatisfied creditor of said company can be recognized even if it is merely based on the ascertainment of the directors’ wrongful conducts and lacks a meticulous validation of the causality link between such conducts and the alleged damages. In fact, the application of the public policy clause is confined to cases of violation of the fundamental principles of the requested State as a result of the application of a provision or established case-law of the foreign State. Said clause does not apply with regards to the assessment on the merits of the issue to be decided upon.