Summary
Italian courts do not have jurisdiction over an action for damages brought against the foreign insurance company by two Italian citizens seeking reparation of losses suffered as a consequence of the death of their parents in an accident between pleasure boats occurred in foreign territorial waters (Croatian, in the case at issue), as the alternative grounds of jurisdiction set by Art. 1 of the Brussels Convention of 10 May 1952 relating to the arrest of seagoing ships, in force both in Italy and Croatia, apply to the case by virtue of Art. 71(1) of Regulation (EC) No 44/2001 of 22 December 2000, which expressly prescribes that the regulation should not affect any conventions to which the member States are parties and which in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments.