PIL instrument(s)
Brussels I
Case number and/or case name
ITT20071219 Cass. N. 26746 (BI)
Details of the court
Italy, Third Instance
Articles referred to by the court
Brussels I
Article 2
Paragraph 1
Paragraph 2
Article 5
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b Indent 1
Paragraph 1 SubParagraph b Indent 2
Paragraph 1 SubParagraph c
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Paragraph 7 SubParagraph a
Paragraph 7 SubParagraph b
Date of the judgement
18 December 2007
Appeal history
None
CJEU's case law cited by the court
Summary
The prohibition laid down by Article 372 of Code of Civil Procedure, pursuant to which deeds and documents that have not been produced in the previous instances of proceedings before the lower courts cannot be filed during proceedings before the Supreme Court of Cassation, does not apply with respect to the special proceedings for a preliminary ruling on jurisdiction (regolamento di giurisdizione since the latter does not constitute an appeal. Pursuant to Article 5(1)(b) of Regulation (EC) No 44/2001 - which provides that, in case of provision of services, the courts of the place where the services were provided or should have been provided have jurisdiction - Italian courts have jurisdiction over a claim for payment of various amounts pursuant to an agency agreement if the agent has carried out its activities in Italy.

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