Summary
In an action for damages suffered as a result of a road accident in which a Romanian national deceased, the petition for interim relief cannot be granted, due to the following reasons. On the one hand, evidence lacks of the petitioners’ legal standing, which is governed by Italian law and for which mere notarization, by a Romanian notary public, of the signatures on the power of attorney in which the signatories declare to be relatives of the deceased is not sufficient. On the other hand, the time needed to gain knowledge of Romanian law and case law, that are applicable pursuant to Article 4 of Regulation (EC) No 864/2007 as the law of the place where the damage occurred – even though carried out by the court on its own motion pursuant to the application by analogy of Article 14 of Law No 218/1995 – is incompatible with the immediate granting of interim relief.