PIL instrument(s)
Brussels I
Case number and/or case name
ITT20081118 Cass.n. 27389 (BI)
Details of the court
Italy, Third Instance
Articles referred to by the court
Brussels I
Article 27
Paragraph 1
Paragraph 2
Date of the judgement
17 November 2008
Appeal history
None
CJEU's case law cited by the court
Summary
In light of the extensive interpretation of Article 27 of Regulation (EC) No 44/2001 given by the EC Court of Justice, lis pendens exists between a claim for damages arising from a road accident caused by a German motor vehicle, which has been brought before Italian courts against the Italian Central Office providing insurance assistance to car drivers circulating internationally, and a claim brought before German courts by a German insurance company for the ascertainment that non-economic damages have not occurred. Said lis pendens excludes, at present, the jurisdiction of Italian courts.

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