PIL instrument(s)
Rome II
Case number and/or case name
ITF20151204 Tribunal of Modena (R2)
Details of the court
Italy, First Instance
Articles referred to by the court
Rome II
Article 4
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
03 December 2015
Appeal history
None
CJEU's case law cited by the court
Summary
In an action for damages suffered as a result of a road accident occurred in Hungary on 6 August 2008, Italian law applies as the patrimonial damage occurred in Italy, where the plaintiff has residence and citizenship, and where she will suffer the consequences of the accident: indeed, pursuant to Article 4, and taken into account Recitals 17 and 33, the place of damage has to be located in Italy.

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