PIL instrument(s)
Brussels I
Case number and/or case name
ITT20070620 Cass. n. 14300 (BI)
Details of the court
Italy, Third Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1 SubParagraph b Indent 1
Paragraph 1 SubParagraph b Indent 2
Date of the judgement
19 June 2007
Appeal history
None
CJEU's case law cited by the court
Summary
All persons who are parties to the pending proceedings on the merits are necessary parties to the special proceedings for a preliminary ruling on jurisdiction, since any question relating to the standing (legittimazione) of such parties is irrelevant to said special proceeding. Pursuant to Article 5(1)(b) of Regulation (EC) No 44/2001, absent any agreement of the parties as to the place of delivery of the goods under a sale and purchase contract, reference shall be made directly to the Vienna Convention of 11 April 1980 on Contracts for the International Sale of Goods, and particularly to Article 31 of said Convention, for the purpose of determining said place.

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