PIL instrument(s)
Brussels I
Case number and/or case name
ITT20080717 Cass. N. 19603 (BI)
Details of the court
Italy, Third Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b Indent 1
Paragraph 1 SubParagraph b Indent 2
Paragraph 1 SubParagraph c
Date of the judgement
16 July 2008
Appeal history
None
CJEU's case law cited by the court
Summary
A claim based on a cheque, not as a negotiable instrument (titolo di credito) but as a promissory note (promessa di pagamento), qualifies as a claim on matters relating to a contract for the purposes of Article 5(1) of Regulation (EC) No44/ 2001. In relation to said claim, the place of performance of the obligation in question within the meaning of the aforesaid provision shall be determined on the basis of the law governing said obligation pursuant to the conflict of law rules of the court seised.

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