PIL instrument(s)
Brussels I
Case number and/or case name
ITT20100427 Cass. n. 9965 (BI)
Details of the court
Italy, Third Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1 SubParagraph a
Date of the judgement
26 April 2010
Appeal history
None
CJEU's case law cited by the court
Summary
Pursuant to Article 5(1)(a) of Regulation (EC) No 44/2001, Italian courts have jurisdiction over a dispute relating to a payment under a contractual obligation if – on the basis of the substantive law that applies in accordance with the conflict-of-law rules of the court seised – the place of performance of such obligation is located in Italy, even if the existence or enforceability of the contract on which the dispute is based has been challenged. The obligation of the owner of a building located in Italy to pay the fees due to an architect for the design of the renovation of said building following to a contract that has been negotiated, entered into and performed in Italy is governed by Italian law as the law of the country with which the contract is most closely connected pursuant to Article 4 of the Rome Convention of 19 June 1980 on the Law Applicable to Contractual Obligations. Pursuant to Article 1182(3) of the Civil Code, the place of performance of said obligation is the domicile of the creditor at the time in which said fees have become due and payable.

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