PIL instrument(s)
Brussels I
Case number and/or case name
ITF20110214 Tribunal of Rome (BI)
Details of the court
Italy, First Instance
Articles referred to by the court
Brussels I
Article 2
Paragraph 1
Paragraph 2
Article 5
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b Indent 1
Paragraph 1 SubParagraph b Indent 2
Paragraph 1 SubParagraph c
Article 23
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 1 SubParagraph c
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Date of the judgement
13 February 2011
Appeal history
None
CJEU's case law cited by the court
None
Summary
Pursuant to Articles 2, 5(1) and 23 of Regulation (EC) No 44/2001, Italian courts do not have jurisdiction over a claim for damages suffered by the plaintiff as a result of the fact that he/she has not obtained – in compliance with a contract for the sale of a group of companies – the position of President in a company of said group nor a prestigious position in the acquiring group where the defendant company has its seat in France, the place of performance of the obligation in question is located in France and the object of the dispute does not fall within the scope of application of the clause conferring jurisdiction to Italian courts that is contained in said contract.

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