PIL instrument(s)
Brussels I
Case number and/or case name
ITT20150708 Cass. (Plenary Session), order n. 14188/2015 (BI)
Details of the court
Italy, Third Instance
Articles referred to by the court
Brussels I
Article 1
Paragraph 1
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 2 SubParagraph d
Paragraph 3
Date of the judgement
07 July 2015
Appeal history
None
CJEU's case law cited by the court
None
Summary
The claim for damages brought in relation to the contradictory and unfair behaviour by the contractor Italian company, incorporated and owned by a local administration (Comune), against both the German company winner of the call for tender for the construction of a photovoltaic park and its Italian sister-company together with its legal representative is administrative in nature, thus falling, pursuant to Art. 1 Regulation (EC) n. 44/2001 of 22 December 2000, outside the scope of application of the regulation (in the case at issue, Italian courts have jurisdiction on the basis of domestic rules).

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