Case number and/or case name
ITT20150518 Cass. n. 10124/2015 (B1 R2)
Details of the court
Italy, Third Instance
Articles referred to by the court
Date of the judgement
17 May 2015
CJEU's case law cited by the court
Summary
In an action for damages suffered as a result of a road accident occurred in Spain on 20 February 2006 in which an Italian citizen was injured by a truck driven by a Spanish resident, the Tribunal and Court of Appeal wrongfully omitted to take into account private international law rules in matter of jurisdiction and applicable law.
On the issue of applicable law, the Supreme Court repealed the appeal judgment and [wrongfully] orders the Appeal Court to determine the law applicable to the dispute pursuant to Regulation No 864/2007 Rome II, which is however not applicable ratione temporis to the dispute.