PIL instrument(s)

Case number and/or case name

ITT20120308 Cass. N. 3624 (BI)

Details of the court

Italy, Third Instance

Articles referred to by the court

Date of the judgement

07 March 2012

Appeal history

CJEU's case law cited by the court

Summary

Pursuant to Article 23 of Regulation (EC) No 44/2001, Italian courts do not have jurisdiction over a claim brought by an Italian company against an English company to ascertain the breach by the latter of a license and supply of goods agreement which includes a clause conferring jurisdiction to English courts and further specifying that the licensee, namely the plaintiff, may bring its claim in front of one of said courts only, whereas the other party retains the possibility of bringing its claim also before either Italian courts or another court which is competent under international conventions (so-called ‘asymmetric clause’). The fact that said clause does not specify the criterion upon which the competent English court shall be determined is irrelevant.