Regulation (EC) No 44/2001 applies to an action for the recovery of sums paid but not due (azione di ripetizione dell’indebito) brought by the trustee in bankruptcy of an Italian company against a German company, being the assignee of a claim against the former, in order to recover certain sums paid in excess to the latter. Indeed, such action does not arise from the bankruptcy of said Italian company and is not strictly related thereto and therefore does not fall within the scope of the exclusion laid down by Article 1(2)(b) of said Regulation. Pursuant to Article 2 of Regulation (EC) No 44/2001, Italian courts do not have jurisdiction over an action for the recovery of sums paid but not due (azione di ripetizione dell’indebito) brought by the trustee in bankruptcy of an Italian company against a German company. Nor do the special jurisdiction criteria laid down by Article 5(1) and (3) of said Regulation apply to the case in question since the recovery of sums paid but not due – that is characterised by Article 61 of Law No 218/1995 as an obligation arising by operation of the law – constitutes a third category that is different from both contractual and noncontractual obligations.