PIL instrument(s)
Brussels I
Case number and/or case name
ITF20090422 Tribunal of Padova (BI)
Details of the court
Italy, First Instance
Articles referred to by the court
Brussels I
Article 24
Date of the judgement
21 April 2009
Appeal history
None
CJEU's case law cited by the court
None
Summary
Pursuant to Article 24 of Regulation (EC) No 44/2001, Italian courts have jurisdiction over an action to terminate a contract if the defendant, which is domiciled in another Member State, has entered an appearance without objecting in any way the lack of jurisdiction or territorial competence of the court seised. Pursuant to Article 3 of the Rome Convention of 19 June 1980 on the Law Applicable to Contractual Obligations, which is similar to the corresponding provision of Regulation (EC) No 593/2008 of 17 June 2008, Italian law applies to a license contract for the use of a trademark and the exclusive manufacturing of certain patented products, based on the express choice of law made by the parties in said contract.

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