PIL instrument(s)
Rome II
Case number and/or case name
ITS20110921 Court of Appeal of Rome (R2)
Details of the court
Italy, Second Instance
Articles referred to by the court
Rome II
Article 1
Paragraph 1
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 2 SubParagraph d
Paragraph 2 SubParagraph e
Paragraph 2 SubParagraph f
Paragraph 2 SubParagraph g
Paragraph 3
Paragraph 4
Date of the judgement
20 September 2011
Appeal history
None
CJEU's case law cited by the court
None
Summary
In a domestic dispute concerning the enforceability of an arbitral award, in which a cross-claim for abuse of process/frivulous litigation has been filed by the defendant, the Court makes reference to Recital 32 of Regulation No 864/2007 in order to deny the admissibility of non-excessive punitive damages, which are considered inconstitutional in the Italian legal system, and which are ‘unfavourably considered’ by the European legal order.

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