Summary
In an action for the restitution of an amount that the plaintiff – a company based in Panama – affirms to have submitted for the purposes of the acquisition of a house in Bologna which never took place, and the defendant – a Bolognese resident – affirms was a donation, Italian law applies to the restitution of the amounts wrongly received, as this matter falls within the scope of Article 61 of Law No 218/1995 and of Regulation No 864/2007 Rome II, and ‘having the cause of action come to a conclusion with the arrival of the bank transfer’ at the defendant’s account. With regard to the issue of donation, the law applicable shall be determined pursuant to Article 56 of Law No 218/1995 or (‘in the event Law No 218/1995 is deemed to be outdated’) to Article 4(2) of Regulation No 593/2008 Rome I, and therefore the Panamese law applies.