Case number and/or case name
ITT20111227 Cass. n. 28811 (BI)
Details of the court
Italy, Third Instance
Articles referred to by the court
Date of the judgement
26 December 2011
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 for damages brought by an Italian company against a bank having its seat in Spain as a consequence of the alleged wrongdoing of said bank, which would have allowed certain debtors of the plaintiff to transfer money on a bank account that was unduly opened by third parties in the name of the plaintiff in one of the offices of said bank. In fact, the harmful event shall be deemed to have occurred in Spain, and the place where any future consequences arising from such event have occurred or may occur is irrelevant.