PIL instrument(s)
Brussels I
Rome II
Case number and/or case name
ITT20150518 Cass. n. 10124/2015 (BI, RII)
Details of the court
Italy, Third Instance
Articles referred to by the court
Brussels I
Article 9
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 1 SubParagraph c
Article 12
Paragraph 2
Rome II
Article 4
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
17 May 2015
Appeal history
None
CJEU's case law cited by the court
None
Summary
Pursuant to Art. 9(1) and 11(2) of Regulation (EC) No 44/2001 of 22 December 2000, Italian courts have jurisdiction over an action for damages brought by the victim of a traffic accident occurred in Spain against the Italian insurance company that has locus standi in court as defendant being an agent of the foreign insurance company which have insured the vehicle responsible for the accident. The law applicable to such claim must be ascertained under Art. 4 of Regulation (EC) No 864/2007 of 11 July 2007 (so called Rome II).

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