Case number and/or case name
ITT20151012 Cass. n. 20412/2015 (BI)
Details of the court
Italy, Third Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph b
Indent 2
Date of the judgement
11 October 2015
CJEU's case law cited by the court
Summary
Pursuant to Article 5(1)(b) of Regulation (EC) No 44/2001 of 22 December 2000, Italian courts have jurisdiction over a claim for the payment due under a contract for the provision of services (in the case at issue, a contract concluded in Germany for the organisation of a show taking place in Italy) provided that the place of performance of the characteristic obligation, as ascertained by the lower court on the basis of factual elements and irrespective of the plaintiff’s claim, is Milan and that such assessment cannot be appealed before the Italian Supreme Court (Corte di Cassazione).