PIL instrument(s)
Rome II
Case number and/or case name
ITF20120113 Tribunal of Varese
Details of the court
Italy, First Instance
Articles referred to by the court
Rome II
Article 14
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 2
Paragraph 3
Date of the judgement
12 January 2013
Appeal history
None
CJEU's case law cited by the court
None
Summary
In an action for damages suffered as a result of a road accident which occurred in Spain, the request made by the defendant in its pleadings to apply provisions and legal principles of Italian law qualifies as a tacit designation of Italian law as the applicable law pursuant to Article 14 of Regulation (EC) No 864/2007 of 11 July 2007

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