PIL instrument(s)
Brussels I
Case number and/or case name
ITT20090526 Cass. N. 12105 (BI)
Details of the court
Italy, Third Instance
Articles referred to by the court
Brussels I
Article 24
Date of the judgement
25 May 2009
Appeal history
None
CJEU's case law cited by the court
None
Summary
Pursuant to the combined provision of Article 28 of the Warsaw Convention of 12 October 1929 and of Article 24 of Regulation (EC) No44/ 2001, Italian courts have jurisdiction over an action on a guarantee brought by the defendant, an Italian company, against a French company in relation to a contract of international carriage by air, if the French company has entered an appearance and has objected only that the court seised is not the proper venue, without pleading the lack of jurisdiction of Italian courts.

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