Case number and/or case name
ITF20150317 Tribunal of Bologna (R2)
Details of the court
Italy, First Instance
Articles referred to by the court
Rome II
Article 14
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Paragraph 2
Paragraph 3
Date of the judgement
16 March 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 Romania on 21 July 2009, Romanian law applies pursuant to Article 4(1) of Regulation No 864/2007 Rome II. Indeed, the fact that the alleged tortfeasor is resident in Italy and that the car is immatriculated in Italy and is insured in Italy, does not constitute a manifestly closer connection to Italy and therefore does not trigger the connecting factor ex Article 4(3). Moreover, the preemptive assessment of the damage carried out in Italy at the establishment of the insurance company to the purposes of a extra-judicial conclusion of the dispute does not constitute in implicit choice-of-law agreement under Article 14 of said regulation.