Case number and/or case name
ITT20090319 Cass. N. 6597 (BI)
Details of the court
Italy, Third Instance
Articles referred to by the court
Date of the judgement
18 March 2009
CJEU's case law cited by the court
Summary
A request for a ruling on venue (regolamento di competenza) pursuant to Article 47 of the Code of Civil Procedure is inadmissible in relation to a judgment issued by an Italian court that, after having ascertained the existence of international lis pendens, has declined jurisdiction in favour of French courts pursuant to Article 27 of Regulation (EC) No 44/2001. In fact, said judgment rules on jurisdiction rather than on internal competence and therefore can only be subject to appeal.